Omodi N. v. Mullin

Background

On March 24, 2026, Edwins Omodi N. filed a petition challenging his immigration detention. The court previously granted that petition on April 9, 2026, finding that there was no valid administrative warrant or other legal basis to justify his detention and ordering the Government to release him.

Edwins Omodi N. then sought $7,007.48 in attorney’s fees and costs under the Equal Access to Justice Act, a federal law that generally requires fees for a successful party suing the United States unless the Government’s position was substantially justified or special circumstances make an award unfair. The order explains that federal officials sued in their official capacities count as the United States for this purpose.

The Government did not dispute that Edwins Omodi N. was the prevailing party and did not argue that its position was substantially justified. The only remaining issue was whether the requested fees were reasonable.

The Court’s Analysis

The Government objected to several billing entries. The court reduced the award by:

- $198.83 for counsel’s 45 minutes spent reviewing a two-page order that mainly set briefing deadlines; - $246.03 for three hours of paralegal time spent drafting the detention challenge, because the records did not explain why that work was needed in addition to the attorney’s drafting time; - $183.09 for filing documents at an attorney rate rather than a paralegal rate; - $41.01 for a vague billing entry describing a “supervisory meeting”; and - $246.03 for three hours of paralegal time spent drafting the fee motion, because that work duplicated the attorney’s time.

The court rejected the Government’s argument that fees should be reduced because the petition included legal theories the court did not reach. The court said Edwins Omodi N. had raised those grounds in good faith and that a successful party does not lose fees merely because every argument was not accepted or addressed.

The court also rejected the suggestion that the petition was granted on a ground not raised in the petition. According to the order, the petition and the parties’ briefing presented the questions whether Edwins Omodi N. could lawfully be detained under the relevant immigration statute and, if so, whether a valid administrative warrant had been issued.

The court found it reasonable to award fees for 30 minutes spent reviewing and preparing exhibits for the fee motion. It did not make the other challenged reductions described above.

Disposition

The court granted Edwins Omodi N.’s motion for attorney’s fees and costs in the amount of $6,092.49. The Government must pay that amount to Edwins Omodi N.’s counsel within 30 days of the order. This order concerns an ancillary fee award rather than the underlying detention claim.