Blanche v. Blanche

Background

Earlier in 2026, immigration officials arrested Christian A.S.C. On January 28, 2026, he filed a petition for a writ of habeas corpus — a court order requiring the government to justify holding someone in custody — arguing that his detention violated the Fifth Amendment, the Immigration and Nationality Act (INA), and regulations implementing the INA. The court granted the petition on February 6, 2026, and ordered his immediate release.

After his release, however, the government failed to return Christian A.S.C.'s identification documents. This failure led to additional court proceedings. The documents were eventually returned, but he had been without identity documents or his driver's license for weeks.

Fee Motion Under the EAJA

Christian A.S.C. then moved for attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(A). The EAJA entitles a prevailing party in an action against the United States or a federal agency to attorney's fees and expenses unless: (1) the government's position was "substantially justified," or (2) special circumstances would make an award unjust. Under the statute, the government's "position" encompasses both its conduct during litigation and the underlying agency conduct that gave rise to the case. A position is substantially justified if a reasonable person could think it correct — that is, if it has a reasonable basis in both law and fact. See Bah v. Cangemi, 548 F.3d 680, 683–84 (8th Cir. 2008).

The petitioner sought $5,354.10 in fees, reflecting 19.9 hours of work at an hourly rate of $269.05. The work covered: - Drafting the habeas petition; - Efforts to locate the missing identification documents, including communications with co-counsel and preparing for court hearings; - Pursuing a claim under the Federal Tort Claims Act (FTCA) arising from the government's failure to return the petitioner's property; and - Efforts to secure reimbursement under that FTCA claim.

Respondents opposed the motion.

Court's Analysis

Substantial Justification

The court found that the government's position was not substantially justified in all respects. Although the Eighth Circuit had agreed with Respondents' reading of 8 U.S.C. § 1225(b)(2) on one point, the court noted that the government failed to respond to all aspects of the petitioner's habeas claims. More significantly, the government never provided any legal support for its authority to retain Christian A.S.C.'s identification documents after the court ordered him released from custody.

Reasonableness of Fees

If an EAJA award is appropriate, the fees must be "reasonable and necessary." Kelly v. Bowen, 862 F.2d 1333, 1335 (8th Cir. 1988). The party seeking fees must submit evidence supporting both the hourly rate and the hours worked, and must exclude excessive, redundant, or otherwise unnecessary hours. Hensley v. Eckerhart, 461 U.S. 424, 433–34 (1983). District courts have substantial discretion in assessing reasonableness. The court found the requested $5,354.10 — for 19.9 hours at $269.05 per hour — to be reasonable.

Disposition

The court granted the motion for attorney's fees in full, awarding Christian A.S.C. $5,354.10 under the EAJA. The court further ordered that the fees be paid to Mid-Minnesota Legal Aid.