FILED
2026 APR 20
CLERK
U.S. DISTRICT COURT
UNITED STATES DISTRICT COURT
DISTRICT OF UTAH
IN THE MATTER OF APPOINTMENT
OF COUNSEL FOR IMMIGRATION GENERAL ORDER
DETAINEES SEEKING HABEAS 26-005
RELIEF UNDER 28 U.S.C. § 2241
Pursuant to the Criminal Justice Act, 18 U.S.C. § 3006A(a)(2)(B), and to facilitate
the efficient handling of habeas corpus petitions filed under 28 U.S.C. § 2241 by
individuals detained in immigration custody within the District of Utah, the court issues
the following Order.
The interests of justice require that the Office of the Federal Public Defender for
the District of Utah is hereby provisionally appointed to represent any individual who
meets the following criteria:
• The individual has contacted the Federal Public Defender seeking representation
in connection with a habeas corpus petition;
• The individual is detained in immigration custody in the District of Utah;
• The individual is, or appears to be, financially eligible for representation; and
• The individual has one or more colorable claims to relief that are cognizable
under 28 U.S.C. § 2241.
While provisionally appointed, the Federal Public Defender is authorized to:
• Screen and investigate whether filing a habeas petition is appropriate;
1
• Prepare and file any petitions, motions, or applications, including requests to stay
removal, as deemed necessary; and
• Present such matters to the court for disposition.
The filing fee for any petition prepared under the provisional appointment is
provisionally waived. When filing a petition, the Federal Public Defender will also file a
Motion to Proceed in Forma Pauperis, demonstrating the petitioner's financial eligibility
for appointment of counsel. If the assigned judge is satisfied that the petitioner is
financially eligible for appointment of counsel, the judge will grant the Motion to Proceed
in Forma Pauperis. If, however, the assigned judge is not satisfied that the petitioner is
financially eligible for appointment of counsel, the judge may request additional financial
information or order payment of the filing fee and rescind the provisional appointment of
the Federal Public Defender. In addition, if the assigned judge is not satisfied that the
interests of justice require the appointment of the Federal Public Defender, the assigned
judge retains the discretion to rescind the provisional appointment.
When the Federal Public Defender files a petition under the provisional
appointment, the court will review the petition under 28 U.S.C. § 2243 to determine
whether to issue an order to show cause.
At any point, if the Federal Public Defender identifies a conflict of interest or other
good cause that would preclude representation, the Federal Public Defender will notify
the court and, if appropriate, request the appointment of substitute counsel from the
Criminal Justice Act Panel.
This Order is intended to promote timely and consistent resolution of habeas
matters involving immigration detention, ensure compliance with statutory requirements,
2
and reduce the need for ad hoc appointment requests.
SO ORDERED this 20th day of April 2026.
BY THE COURT:
_________________________
JILL N. PARRISH
Chief United States District Judge
3
