The Fifth Circuit has determined that Equal Access to Justice Act fees are not available in habeas actions. The full text of Gomez Barco v. Witte can be found here:
https://www.ca5.uscourts.gov/opinions/pub/21/21-30748-CV0.pdf
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EAJA fees
The Fifth Circuit has determined that Equal Access to Justice Act fees are not available in habeas actions. The full text of Gomez Barco v. Witte can be found here:
https://www.ca5.uscourts.gov/opinions/pub/21/21-30748-CV0.pdf
The Fourth Circuit has determined that the plaintiff in a delayed naturalization action is not entitled to Equal Access to Justice (EAJA) fees when the District Court remanded the application to USCIS with instructions to adjudicate it within a specified period, and the agency completed adjudication within that period of time. In such circumstances, the plaintiff was not a prevailing party for EAJA purposes.
The full text of Ge v. USCIS can be found here:
The Fourth Circuit has determined that EAJA fees are not available in habeas actions challenging civil detention because such proceedings are not truly civil actions.
The full text of Obando-Segura can be found here: