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

Summary

The United States Court of Appeals for the Third Circuit denied petitions for panel rehearing and rehearing en banc in consolidated cases involving attorney-fee awards under the Equal Access to Justice Act for immigration-related habeas proceedings. Judge Bove, joined by Judges Porter, Matey, and Phipps, dissented from the denial of rehearing en banc, arguing that habeas petitions are not "civil actions" under the EAJA and that the government’s positions were substantially justified. Judge Mascott filed a separate dissent, which is referenced but not included in the provided text.

Holdings

1. The petitions for rehearing by the panel and by the court en banc were denied because no judge who concurred in the decision requested rehearing and a majority of the active judges did not vote for rehearing.

Questions Presented

1. Whether the petitions for panel rehearing and rehearing en banc should be granted.
2. Whether the EAJA's sovereign-immunity waiver for fees in 'any civil action' clearly extends to § 2241 habeas petitions challenging immigration detention.
3. Whether the government's position opposing Abioye's habeas petition was substantially justified under 28 U.S.C. § 2412(d)(1)(A).
4. Whether special circumstances made an EAJA fee award to Abioye unjust.

Disposition

other