Adolph Michelin v. Warden Moshannon Valley Correctional Center; Adewumi Abioye v. Warden Moshannon Valley Processing Center

Summary

The United States Court of Appeals for the Third Circuit consolidated appeals concerning attorneys' fee awards under the Equal Access to Justice Act (EAJA) in habeas actions challenging prolonged immigration detention. The court held that a petition under 28 U.S.C. § 2241 challenging civil immigration detention is a "civil action" within the EAJA and affirmed the fee awards. The court also held that the Government's position in the Abioye case was not substantially justified.

Holdings

1. A habeas petition under 28 U.S.C. § 2241 challenging immigration detention is a 'civil action' within the meaning of 28 U.S.C. § 2412(d)(1)(A).
2. The EAJA unambiguously waives federal sovereign immunity for fee and cost awards in § 2241 habeas proceedings challenging immigration detention.
3. The Government's position was not substantially justified because, after more than sixteen months of detention without an individualized bond hearing and with continued detention likely, it lacked a reasonable basis in law for opposing a hearing.

Questions Presented

1. Whether a petition for a writ of habeas corpus under 28 U.S.C. § 2241 challenging civil immigration detention is a 'civil action' under the Equal Access to Justice Act.
2. Whether the EAJA waives federal sovereign immunity for attorneys' fee and cost awards in such habeas proceedings.
3. Whether the Government's position in opposing Abioye's request for an individualized bond hearing after more than sixteen months of detention was substantially justified.
4. Whether the District Court abused its discretion in awarding Abioye fees and costs.

Disposition

affirmed