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VACCHIO v. ASHCROFT

Docket No. 03-2532.

404 F.3d 663 (2005)

Tullio VACCHIO, Petitioner-Appellant, v. John ASHCROFT, as Attorney General, U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington, D.C. 20530-0001; James W. Ziglar, as Commissioner of the Immigration and Naturalization Service, 425 I Street, NW, Room 3260, Washington, D.C., 20536; Jean R. Ouelette, as District Director of the Immigration and Naturalization Service, Portland, Maine District Office, 176 Gannett Drive, South Portland, ME 04106; Jamie Shea, as Lead Detention Officer of the Franklin County Detention Facility, P.O. Box 367, 30 Lincoln Avenue, St. Albans, VT 05478; Robert Norris, as Franklin County Sheriff, P.O. Box 367, St. Albans, VT 05478-0367, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: April 18, 2005.

Attorney(s) appearing for the Case

Sandra A. Strempel, Dinse, Knapp & McAndrew, Burlington, VT, for Plaintiff-Appellant.

Carol L. Shea, Chief, Civil Division (David V. Kirby, Assistant United States Attorney, Peter W. Hall, United States Attorney for the District of Vermont, on the brief), United States Attorney's Office for the District of Vermont, Burlington, VT, for Defendant-Appellee.

Before: OAKES, JACOBS, and CABRANES, Circuit Judges.

Judge OAKES concurs in part and dissents in part in a separate opinion.

CABRANES, Circuit Judge.

This case presents a number of complicated issues under the Equal Access to Justice Act, 28 U.S.C. § 2412, ("EAJA"), including a question of first impression in the Courts of Appeals: whether a petition for a writ of habeas corpus challenging an immigration detention qualifies as a "civil action" for the purposes of the EAJA. The EAJA provides that courts...

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