Legal Opinion
Vacchio v. Ashcroft
Court of Appeals for the Second Circuit
Decided April 18, 2005No. Docket No. 03-2532PublishedCited by 58 opinions
1Opinion of the Court
Judge OAKES concurs in part and dissents in part in a separate opinion.
JOSÉ A. 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 shall award fees and other expenses to parties who prevail in civil actions brought by or against the United States unless the position of…
2Cases cited27 opinions
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- Pierce v. UnderwoodSupreme Court of the United States · 1988
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- Demore v. KimSupreme Court of the United States · 2003
- United States v. KubrickSupreme Court of the United States · 1979
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3Cited by58 opinions
- Jian Yun Zheng v. United States Department of Justice, John Ashcroft, United States Attorney GeneralCourt of Appeals for the Second Circuit · 2005
- Garcia v. Yonkers School DistrictCourt of Appeals for the Second Circuit · 2009
- Ericksson v. Commissioner of Social SecurityCourt of Appeals for the Second Circuit · 2009
- Gomez Barco v. WitteCourt of Appeals for the Fifth Circuit · 2023
- Jimmy JOHNSON, Petitioner v. Alberto R. GONZALES, Attorney General of the United States, RespondentCourt of Appeals for the Third Circuit · 2005
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