OBANDO-SEGURA v. GARLAND

No. 19-7736.

999 F.3d 190 (2021)

Jose Andres OBANDO-SEGURA, Petitioner-Appellant, v. Merrick B. GARLAND, Attorney General; Alejandro N. Mayorkas, Secretary of the Department of Homeland Security; Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement; Dorothy Herrera-Niles, Field Office Director, Enforcement and Removal Operations, U.S. Immigration and Customs Enforcement; Charles Lee, Assistant Field Office Director, Enforcement and Removal Operations, U.S. Immigration Customs Enforcement; Donna Bounds, Warden of Immigration Facility, Worcester County, Respondents-Appellees. National Immigration Project of the National Lawyers Guild; Legal Aid Justice Center; American Immigration Council; Habeas Corpus and Federal Litigation Scholars, Amici Supporting Petitioner.

United States Court of Appeals, Fourth Circuit.

Decided: May 28, 2021.


Attorney(s) appearing for the Case

ARGUED: Sean A. Mirski , ARNOLD & PORTER KAYE SCHOLER LLP, Washington, D.C., for Appellant. Jonathan Aaron Robbins , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. ON BRIEF: Adina Appelbaum , Claudia R. Cubas , CAPITAL AREA IMMIGRANTS' RIGHTS (CAIR) COALITION, Washington, D.C.; R. Stanton Jones , Andrew T. Tutt , ARNOLD & PORTER KAYE SCHOLER LLP, Washington, D.C., for Appellant. Joseph H. Hunt , Assistant Attorney General, Anthony P. Nicastro , Assistant Director, Office of Immigration Litigation, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. Sean Marotta , Jared Crum , Sarah Ruckriegle , HOGAN LOVELLS US LLP, Washington, D.C., for Amici Habeas Corpus and Federal Litigation Scholars. Sirine Shebaya , Cristina Velez , NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD, Washington, D.C.; Carmine D. Boccuzzi, Jr. , Tapan R. Oza , Aaron Francis , CLEARY GOTTLIEB STEEN & HAMILTON LLP, New York, New York, for Amici National Immigration Project of the National Lawyers Guild, Legal Aid Justice Center, and American Immigration Council.

Affirmed by published opinion. Judge Richardson wrote the majority opinion, in which Senior Judge Traxler joined. Judge Keenan wrote a dissenting opinion.


Jose Andres Obando-Segura prevailed on an application for a writ of habeas corpus seeking release from federal immigration detention. He now seeks to recover attorney's fees under the Equal Access to Justice Act. See 28 U.S.C. § 2412. We have held that the Act does not apply to a habeas proceeding seeking release...

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