United States Eighth Circuit

In proceedings arising after petitioner successfully petitioned under 28 U.S.C. section 2241 for release from his detention in an immigration case, a denial of petitioner's request for attorney's fees under the Equal Access to Justice Act is affirmed where the district court did not abuse its discretion in finding that that the government's position regarding the detention and the litigation had been substantially justified.

Appellate Information

• Decided 11/28/2008
• Published 12/01/2008

Judges

• MURPHY, Circuit Judge., Before MURPHY, RILEY, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Herbert A. Igbanugo, Dyan Williams, argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• David Gerald Wilhelm, argued, AUSA, Minneapolis, MN, for appellee.