Xiayang He filed a habeas corpus petition under 28 U.S.C. ยง 2241 on behalf of her longtime friend Zuhong He, who is detained by Immigration and Customs Enforcement at California City Correctional Center. He sought next friend standing, expedited review, and a temporary restraining order, alleging her friend lacks meaningful access to legal resources and cannot navigate the legal system due to limited English proficiency.
Judge Scofield found that He satisfied both prerequisites for next friend status under Supreme Court precedent, explaining that the petitioner 'is unable to pursue this action on his own behalf' because he 'does not have meaningful access to legal resources' and 'does not understand English well enough to navigate the legal system to protect his rights without assistance.' The judge noted that He's 'significant, pre-existing relationship' as his friend 'for more than forty years' and her commitment to 'acting in his best interests' met the second requirement.
However, the court emphasized that while He qualified for next friend status, she could not proceed pro se on behalf of another person. As Judge Scofield explained, 'a pro se litigant has no authority to appear on behalf of anyone but herself,' citing Ninth Circuit precedent that 'a non-lawyer has no authority to appear as an attorney for others than himself.'
The case reached the court through He's April 7, 2026 filing of multiple motions seeking relief for the detained petitioner. The respondents are Tae D. Johnson, the San Francisco ICE Field Office Director, and the unnamed Warden of California City Correctional Center.
Though there is generally no constitutional right to counsel in federal habeas proceedings, Judge Scofield appointed counsel under the Criminal Justice Act after finding the petition 'raises due process concerns regarding Petitioner's detention based on his allegations he remains detained without a meaningful opportunity to challenge his detention or the validity of his proceedings.' The court noted that He had not requested appointed counsel but found appointment necessary under the circumstances.
The judge denied He's motion for expedited review, stating that 'the Court currently does not have before it sufficient information to assess the merits of the petition or the propriety of granting injunctive relief to warrant expedited consideration of his request for immediate release from ICE custody.' The court declined to set the matter for expedited briefing.
The order directs the Federal Defender to identify counsel within seven days and provides that counsel will be added to represent He in her capacity as next friend. The court will address the pending motion for temporary restraining order in a separate order following counsel's appearance.