Gabriel Temaj Lopez v. Juan Baltasar

Summary

The United States District Court for the District of Colorado granted Gabriel Temaj Lopez’s motion for attorney’s fees under the Equal Access to Justice Act. The court held that the Government’s position regarding the applicability of 8 U.S.C. § 1225(b) rather than § 1226(a) was not substantially justified and ordered payment of $4,633 in fees by July 14, 2026.

Holdings

1. A prevailing habeas petitioner may recover attorney's fees under the Equal Access to Justice Act when the Government's position was not substantially justified.
2. The Court granted the uncontested $4,633 EAJA fee request in its entirety.

Questions Presented

1. Whether Temaj Lopez was entitled to attorney's fees under the Equal Access to Justice Act when the Government's position concerning the statutory basis for his mandatory detention was not substantially justified.
2. Whether the requested $4,633 fee award should be granted when the Government did not dispute the amount.

Disposition

other