Decisions

Aden v. Nielsen

W.D. Wash. · December 6, 2019

Court W.D. Wash.
Decided December 6, 2019
Docket C18-1441RSL (earlier C18-1441-RSL-MAT)
Citation 2019 U.S. Dist. LEXIS 210865; 2019 WL 6683512
Judge Lasnik, United States District Judge
Disposition Relief granted in part
Nationality Kenya as charged and admitted; Kenya's consulate general determined he is not a Kenyan citizen
Third country Somalia

The government's position was not substantially justified, and the court awarded $36,720 in fees and $2,170 in expenses at $450 per hour under the Equal Access to Justice Act.

Caution Fees were denied for the unsuccessful motion-to-enforce phase. The brief notes that a Fifth Circuit decision cited elsewhere in the collection holds the Act does not authorize fees for successful section 2241 motions, so fee recovery depends on the circuit.

Attorney fees Notice Third-country designation

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