Attorney fees for detention challenges
Kevin Isaac Montoya Palacios v. Vernon Liggins
In brief
- Where it stands
- Argument Scheduled
Oral argument January 11, 2027
- What it’s about
- This case asks whether a person who wins a habeas corpus challenge to civil immigration detention may recover attorney’s fees and costs from the federal government under the Equal Access to Justice Act.
- What's at stake
- The answer could determine whether detained noncitizens can recover attorney fees after successfully challenging civil immigration detention.
Summary: written with AI from the case record.
What it's about
The Court will decide whether such a habeas case counts as a “civil action” under that law.
The case concerns access to legal representation and court review for people held in civil immigration detention.
Question presented
Whether, under EAJA, "any civil action" encompasses an action seeking a writ of habeas corpus to challenge civil immigration detention?
What happens next
Expected by late June 2027
Argument is on the calendar for January 11, 2027. Decisions typically follow within about 93 days of argument. Nearly all opinions are released before the term ends in late June or early July 2027.
Why it matters
For example, a person protected from removal who challenges continued detention could face the cost of litigation even after winning.
Docket activity
Case data updated: documents, description, proceeding_type
Case data updated: documents, description, proceeding_type
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Case data updated: documents, description, document_url, proceeding_type
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Case data updated: documents, description, document_url, proceeding_type
Case data updated: documents, description, document_url, proceeding_type
Case data updated: documents, description, document_url, proceeding_type
Case data updated: documents, description, document_url, proceeding_type
Case data updated: documents, description, document_url, proceeding_type
Case data updated: documents, description, document_url, proceeding_type
Case data updated: documents, description, document_url, proceeding_type
More questions
- What is at stake in Montoya Palacios v. Liggins?
- The case asks whether EAJA covers habeas corpus actions challenging civil immigration detention, allowing successful challengers to seek attorney fees.
- Who could be affected by the Court's decision?
- Noncitizens held in civil immigration detention could be affected, especially people who use habeas corpus to challenge their detention.
- When will the Supreme Court hear Montoya Palacios v. Liggins?
- Oral argument has not been scheduled. The next step is a scheduling move by the Court.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.