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Martinez v. Noem — court denied counsel in immigration-detention habeas case

Reported / Citable

Case
Bismarck Martinez v. Kristi Noem, Secretary of the Department of Homeland Security; Pamela Jo Bondi, Attorney General; and Warden, ERO El Paso Camp East Montana
Court
U.S. District Court for the Western District of Texas
Judge
Leon Schydlower
Date Decided
February 11, 2026
Docket No.
3:26-cv-00368-LS
Topics
Immigration detention; Habeas corpus; Appointed counsel

Background

Bismarck Martinez filed a habeas petition under 28 U.S.C. § 2241 challenging his immigration detention. He also moved for appointment of counsel.

Under 18 U.S.C. § 3006A(a)(2)(B), a court may appoint counsel for a financially eligible habeas petitioner when the interests of justice require it.

The Court’s Holding

Judge Leon Schydlower denied Martinez’s motion to appoint counsel. The court held that the interests of justice did not require appointed counsel at this stage.

The court found that the habeas case was not particularly complex and that Martinez’s filings adequately identified the issues and facts. Those filings also showed that he could present his case without counsel.

Key Takeaways

  • Appointment of counsel in a § 2241 case is discretionary and turns on whether the interests of justice require it.
  • A noncomplex habeas case may proceed without appointed counsel when the pro se petitioner can adequately explain the issues and facts.
  • The order decided only Martinez’s request for counsel, not the merits of his challenge to immigration detention.

Why It Matters

The order applies the familiar rule that a habeas petitioner’s demonstrated ability to present a straightforward claim can weigh against discretionary appointment of counsel. It leaves Martinez’s underlying immigration-detention habeas petition pending.

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