Immigrants With Successful Habeas Cases Can Seek Attorneys’ Fees

The Equal Access to Justice Act authorizes the award of attorneys’ fees against the government to petitioners who prevail in habeas actions challenging detention by immigration authorities, the Tenth Circuit ruled.

These types of cases are “unambiguously ‘civil actions,’” and the availability of fees under the EAJA are “vital” to preserving individuals’ ability to challenge their detention, the US Court of Appeals for the Tenth Circuit said Monday.

The ruling comes amid Trump administration’s immigration crackdown, which has spurred a host of habeas petitions from immigrants in federal custody.

The case involved Eva Daley, a Guatemalan immigrant who ...