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BARCO v. WITTE

No. 21-30637 consolidated with No. 21-30748.

65 F.4th 782 (2023)

Brigith Dayana Gomez BARCO, Petitioner-Appellant, v. Diane WITTE; I. Ramos; Merrick Garland; Alejandro Mayorkas, Respondents-Appellees, Sybreg Valentina Castro Balza, Petitioner-Appellant, v. Merrick Garland, U.S. Attorney General; Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security; Diane Witte, in her official capacity as Field Office Director, New Orleans District of U.S. Immigration and Customs Enforcement and Removal Operations; Indalecio Ramos, in his official capacity as Acting Warden of South Louisiana Immigration and Customs Enforcement Processing Center, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED April 20, 2023.

Attorney(s) appearing for the Case

Kenneth A. Mayeaux, Esq. , Graham Bateman , Mayeaux & Associates, L.C., Baton Rouge, LA, for Petitioners-Appellants.

Nicole Patrice Grant , U.S. Department of Justice, Office of Immigration Litigation — District Court Section, Washington, DC, Karen Julian King , Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Louisiana, Lafayette, LA, for Respondents-Appellees in No. 21-30637.

Nicole Patrice Grant , Dhruman Y. Sampat , U.S. Department of Justice, Office of Immigration Litigation — District Court Section, Washington, DC, Jennifer Bailey Frederick , Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Louisiana, Lafayette, LA, for Respondents-Appellees in No. 21-30748.

Before Jones, Smith, and Graves, Circuit Judges.

Appellants Brigith Dayana Gomez Barco and Sybreg Valentina Castro Balza challenge the denial of attorney's fees under the Equal Access to Justice Act ("EAJA") following their successful habeas corpus actions. Because habeas corpus petitions are not purely civil in nature, and therefore do not unequivocally fall...

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