Jerson A.D.G. v. Bondi

Summary

The United States District Court for the District of Minnesota grants Jerson A.D.G.’s motion for attorneys’ fees under the Equal Access to Justice Act. The court concludes that the government was not substantially justified in detaining Petitioner under 8 U.S.C. § 1159 and awards Petitioner’s counsel $4,125.70.

Holdings

1. Petitioner was entitled to an award of attorneys’ fees because he was the prevailing party, satisfied the EAJA eligibility requirements, and the government failed to show that its position was substantially justified or that special circumstances made an award unjust.
2. Respondents’ position was not substantially justified, both in arguing that Petitioner could be detained under 8 U.S.C. § 1159 and in arresting and detaining Petitioner.

Questions Presented

1. Whether Petitioner was entitled to attorneys’ fees under the Equal Access to Justice Act after prevailing on his habeas petition.
2. Whether the government’s underlying detention decision and litigation position were substantially justified under the EAJA.
3. Whether any special circumstances made an award of attorneys’ fees unjust.

Disposition

other