OBANDO-SEGURA v. GARLAND

Holding that the Equal Access to Justice Act (see 28 U.S.C. § 2412) does not apply to habeas proceedings seeking release from civil detention because such proceedings are not “civil actions,” as defined by the Act. Judge Keenan dissented, characterizing habeas actions as “purely civil in nature” and thus concluding that Act allowed for recovery of attorney’s fees in successful habeas challenges to immigration detention.

Date of Decision
Published