No. 25-1223October Term 2025Before Arguments
Kevin Isaac Montoya Palacios, Petitioner v. Vernon Liggins, Acting Field Office Director, Baltimore, Maryland, Immigration and Customs Enforcement, et al.
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.
Case status
- Current stage
- Before Arguments
- Latest event
- Review granted Jun 29, 2026
- Decision timing
- No window until argument is scheduled.
- 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. The Court will decide whether such a habeas case counts as a “civil action” under that law.
Question presented
Whether, under EAJA, "any civil action" encompasses an action seeking a writ of habeas corpus to challenge civil immigration detention?
- Case path
United States Court of Appeals for the Fourth Circuit / Review granted Jun 29, 2026
- Area
Supreme Court case awaiting argument
Timing
Expected by late June 2026, if argued this term
The Court granted review but has not yet scheduled oral argument. Once argued, the median case reaches a decision in 94 days. Nearly all cases are decided by the end of the term in which they are argued.
Briefing
What it's about
The Supreme Court has agreed to hear whether the Equal Access to Justice Act (EAJA), a law that can require the government to pay legal fees, covers habeas corpus cases challenging civil immigration detention. Kevin Isaac Montoya Palacios seeks review of a Fourth Circuit case.
Argument
The Court has granted certiorari (agreed to hear the case), but oral argument has not yet been scheduled.
Impact
The answer could determine whether detained noncitizens can recover attorney fees after successfully challenging civil immigration detention. For example, a person protected from removal who challenges continued detention could face the cost of litigation even after winning.
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.
Related cases
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Sep 1, 2026
- Method
- Methodology