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Keywords

motionhabeas corpus
motionhabeas corpus

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Kholyavskiy v. Schlecht

Facts

In 1992, petitioner, then fifteen, entered the United States with his family as a Jewish refugee from the former Soviet Union. Subsequently he became a lawful permanent resident of this country. Petitioner presently suffers from mental illness (social anxiety disorder and depression), and the Social Security Administration has determined that he is disabled. Petitioner has also been convicted of several criminal offenses. As a result of such convictions, ICE decided to deport him to Russia, and in August 2004, detained him pending removal. However, in January 2005, Russian officials advised ICE that Russia did not regard petitioner as a Russian citizen and would not admit him. Nevertheless, ICE continued to detain petitioner.

In 1992, petitioner, then fifteen, entered the United States with his family as a Jewish refugee from the former Soviet Union. Subsequently he became a lawful permanent resident of this country. Petitioner presently suffers from mental illness (social anxiety disorder and depression), and the Social Security Administration has determined that he is disabled. Petitioner has also been convicted of several criminal offenses. As a result of such convictions, ICE decided to deport him to Russia, and in August 2004, detained him pending removal. However, in January 2005, Russian officials advised ICE that Russia did not regard petitioner as a Russian citizen and would not admit him. Nevertheless, ICE continued to detain petitioner.

Issue

Whether the Equal Access to Justice Act (EAJA) applies to a habeas corpus action challenging immigration-related detention and whether the petitioner qualifies as a prevailing party.

Whether the phrase civil action encompasses a habeas corpus action and conclude that it does.

Rule

The EAJA waives the United States's immunity from suit and makes it liable for fees and costs to the same extent as any other party. A prevailing party other than the United States can recover fees and costs in any suit by or against the United States unless the court finds that the position of the United States was substantially justified.

The EAJA waives the United States's immunity from suit and makes it liable for fees and costs to the same extent as any other party.

Analysis

The court determined that the EAJA applied to the habeas action challenging the petitioner's detention, as the phrase 'civil action' encompasses such actions. The court found that the petitioner was a prevailing party because he succeeded in obtaining the relief he soughthis liberty. The court also concluded that the government's position was not substantially justified, as the continued detention was not authorized once removal was no longer reasonably foreseeable.

The court determined that the EAJA applied to the habeas action challenging the petitioner's detention, as the phrase 'civil action' encompasses such actions.

Conclusion

The court granted the resident's motion for fees and costs under the EAJA, concluding that he was entitled to reimbursement for the expenses incurred in the habeas corpus action.

The court granted the resident's motion for fees and costs under the EAJA, concluding that he was entitled to reimbursement for the expenses incurred in the habeas corpus action.

Who won?

The petitioner, Arkadiy Kholyavskiy, prevailed in the case because he successfully challenged the legality of his detention and obtained the relief he soughthis liberty.

The petitioner, Arkadiy Kholyavskiy, prevailed in the case because he successfully challenged the legality of his detention and obtained the relief he soughthis liberty.

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