- 3d Cir. holds that habeas corpus petitions challenging immigration detention are "civil actions," so prevailing noncitizens may be entitled to attorneys' fees and costs under the Equal Access to Justice Act. Gonna be a loooooooooot of these. www2.ca3.uscourts.gov/opinarch/242...Feb 2, 2026 18:20
- Is this the first circuit to do decide? Or have others?
- No, the 10th Cir. recently decided the same. bsky.app/profile/gabr...
- 10th Cir. holds that noncitizen who successfully petitions for habeas corpus from immigration detention can seek EAJA fees because habeas in this posture is a purely civil action. www.ca10.uscourts.gov/sites/ca10/f...