Ortiz v. U.S Dept. of Homeland Security

Background

Luis Ortiz filed a letter requesting two forms of relief: an extension of the deadline to respond to the Department of Homeland Security’s motion to dismiss the petition, and appointment of counsel to help prepare his response.

Court’s analysis

The court granted the request for additional time and set July 7, 2023, as the deadline for Ortiz to respond to the motion to dismiss and supporting papers.

For the request for appointed counsel, the court considered factors including the merits of the case, Ortiz’s ability to pay for private counsel, his efforts to obtain a lawyer, whether counsel was available, and his ability to gather facts and address the issues without assistance. The court stated that a more fully developed record was needed to determine whether Ortiz’s chances of success justified appointing counsel and whether he could handle the issues without a lawyer.

Disposition

The court granted the deadline-extension request. It denied the request for appointment of counsel without prejudice to renewal if an appropriate showing could later be made. The order did not rule on the Department of Homeland Security’s motion to dismiss or the underlying petition. The Clerk was directed to mail a copy of the order to Ortiz, who the order identifies as proceeding without a lawyer.