Western District of New York • 1:26-cv-02424

#1

Oct 23, 2026

PETITION for Writ of Habeas Corpus, filed by Bayron Edier Camargo. (Attachments: # 1 Envelope) (KKR) (Entered: 10/23/2026)

#2

Oct 23, 2026

MOTION for Leave to Proceed in forma pauperis by Bayron Edier Camargo. (KKR) (Entered: 10/23/2026)

#3

Oct 23, 2026

MOTION to Appoint Counsel by Bayron Edier Camargo. (KKR) (Entered: 10/23/2026)

Oct 23, 2026

Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636(c) and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. Clerk mailed to petitioner the Prisoner Pro Se Packet, consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline. (KKR)

#4

Oct 26, 2026

TEXT ORDER. Pro se Petitioner seeks relief under 28 U.S.C. § 2241. Dkt. 1 . Respondents shall respond to the petition by November 9, 2026, and Petitioner's reply is due by November 16, 2026. In their filings, the parties shall address whether and how the Second Circuit's decision in Da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026), applies.Petitioner also filed a motion to proceed in forma pauperis. Because Petitioner has filed the required authorization, Dkt. 2 and meets the requirements of 28 U.S.C. § 1915(a), he is granted permission to proceed IFP. Additionally, Petitioner has filed a motion to appoint counsel. See Dkt. 3 . There is no constitutional right to appointed counsel in civil cases. Under 28 U.S.C. § 1915(e), the Court may appoint counsel to assist indigent litigants. See, e.g., Sears, Roebuck & Co. v. Charles Sears Real Estate, Inc., 865 F.2d 22, 23 (2d Cir. 1988). The assignment of counsel in civil cases is within the trial courts discretion. In re Martin-Trigona, 737 F.2d 1254, 1260 (2d Cir. 1984). In determining whether to assign counsel, courts must first determine whether the indigents position seems likely to be of substance. Hodge v. Police Officers, 802 F.2d 58, 61 (2d Cir. 1986); see Cooper v. A. Sargenti Co., 877 F.2d 170, 174 (2d Cir. 1989) (describing the threshold showing to be some likelihood of merit). If this threshold is met, courts consider the following factors in determining whether appointment of counsel is warranted: (1) the indigents ability to investigate the crucial facts, whether conflicting evidence implicating the need for cross-examination will be the major proof presented to the fact finder, (2) the indigents ability to present the case, (3) the complexity of the legal issues and any special reason in that case why appointment of counsel would be more likely to lead to a just determination. Hodge, 802 F.2d at 61-62. At this time and based on Petitioners submissions to the Court, it cannot be determined whether the 1 petition has some likelihood of merit. Cooper, 877 F.2d at 174. The 3 MOTION to appoint counsel, therefore, is DENIED without prejudice.The Clerk of Court shall serve a copy of the petition (Dkt. 1 ) and a copy of this Text Order, electronically via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 10/26/2026. (KLH)This was mailed to: Petitioner. (Entered: 10/26/2026)

Oct 26, 2026

Remark: Chambers emailed 1 Petition to USANYW-Immigration-Habeas@usdoj.gov. (KLH)