Southern District of California • 3:25-cv-02836

#1

Oct 22, 2025

Petition for Writ of Habeas Corpus against Pamela Jo Bondi, Christopher LaRose, Todd M. Lyons, Kristi Noem, Jesus Rocha ( Filing fee $ 5 receipt number 164492.), filed by Thavone Thammavongsa. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)The new case number is 3:25-cv-2836-JO-AHG. Judge Jinsook Ohta and Magistrate Judge Allison H. Goddard are assigned to the case.(ggv) (Entered: 10/22/2025)

#2

Oct 22, 2025

MOTION to Appoint Counsel by Thavone Thammavongsa. (ggv) (Entered: 10/22/2025)

#3

Oct 22, 2025

MOTION for Temporary Restraining Order by Thavone Thammavongsa. (ggv) (Entered: 10/22/2025)

#4

Oct 23, 2025

Minute Order by Judge Jinsook Ohta: On October 22, 2025, Petitioner filed a motion to appoint counsel. Dkt. 2. Under 18 U.S.C. § 3006A(a)(2), the Court may appoint counsel for financially eligible habeas petitioners when "the interests of justice so require." See Terrovona v. Kincheloe, 912 F.2d 1176, 1181-82 (9th Cir. 1990). In determining whether to appoint counsel, courts consider the petitioner's likelihood of success on the merits and the ability to articulate claims pro se given the complexity of the issues. Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Here, Petitioner has submitted a declaration stating that neither he nor his family has sufficient funds to retain counsel, establishing his financial eligibility for appointment of counsel. Dkt. 1, Ex. A, P.7. He also cites legal authority in his habeas petition and motion for temporary restraining order ("TRO"), including the Supreme Court's decision in Zadvydas v. Davis, 533 U.S. 678 (2001) and United States ex rel. Accardi v. Shaughnessy, 347 U.S. 260 (1954), demonstrating that his claims are legally grounded and non-frivolous. Dkts. 1, 3. Further, the Court finds that it is unlikely that Petitioner can adequately present his claims pro se without counsel's assistance due to the complexity of the legal issues involving constitutional law, statutory interpretation, administrative procedure, and habeas law. While Petitioner has articulated his claims in his habeas petition and motion for TRO, he appears to have received assistance from Federal Defenders, who now seek appointment as counsel. See Dkt. 2 at 10-11, Decl. of Kara Hartzler. Accordingly, the Court GRANTS Petitioner's motion to appoint counsel [Dkt. 2] and APPOINTS Federal Defenders to represent him. Signed by Judge Jinsook Ohta on 10/23/2025. (mk) (Entered: 10/23/2025)

#5

Oct 23, 2025

Minute Order by Judge Jinsook Ohta: On October 22, 2025, Petitioner Thavone Thammavongsa ("Petitioner") filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 and a motion for temporary restraining order for immediate injunctive relief. Dkts. 1, 3. Respondents shall answer or otherwise respond to the petition no later than 5 p.m. on October 29, 2025. The Court ORDERS Petitioner to serve Respondents with the habeas petition, temporary restraining order, and this order and file proofs of service as soon as practical, but no later than Monday, October 27, 2025 at 12 p.m. and file proofs of service. Petitioner must also serve the U.S. Attorney's Office for the Southern District of California by a method prescribed in Rule 4(i)(1)(A) no later than 12 p.m. on Monday, October 27, 2025, and file proof of service. The Court sets oral argument on the motion for temporary restraining order for November 3, 2025 at 9:30 a.m. in Courtroom 4C before Judge Jinsook Ohta. Petitioner shall not be transferred to another district unless the government provides advance notice of the intended move. Such notice shall be filed in writing on the docket in this proceeding and shall state the reason why the government believes that such a movement is necessary and should not be stayed pending further court proceedings. Once that notice has been docketed, Petitioner shall not be moved out of the District for a period of at least 48 hours from the time of that docketing. Signed by Judge Jinsook Ohta on 10/23/2025. (mk) (Entered: 10/23/2025)

Oct 23, 2025

Minute Order (No Time)

Oct 23, 2025

Order on Motion to Appoint Counsel

#6

Oct 27, 2025

Notice (Other)

#7

Oct 27, 2025

Notice of Appearance

#8

Oct 27, 2025

Notice of Appearance

#9

Oct 29, 2025

Notice of Appearance

#10

Oct 29, 2025

Response in Opposition to Motion

#11

Nov 03, 2025

Order

Nov 03, 2025

Motion Hearing

#13

Nov 04, 2025

Notice (Other)

Feb 24, 2026

Minute Order (No Time)