Legal Opinion

Kholyavskiy v. Schlecht

District Court, E.D. Wisconsin

Decided February 9, 2007No. 05C0671PublishedCited by 5 opinions

1Opinion of the Court

DECISION AND ORDER

ADELMAN, District Judge.

Pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, petitioner Arkadiy Kholyavskiy seeks reimbursement for fees and costs incurred in connection with a habeas corpus action in which he challenged the legality of his detention by Immigration and Customs Enforcement (“ICE”), a subagency of the U.S. Department of Homeland Security.

I. FACTS AND BACKGROUND

In 1992, petitioner, then fifteen, entered the United States with his family as a Jewish refugee from the former Soviet Union. Subsequently he became a lawful permanent resident of…

2Cases cited45 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Zadvydas v. DavisSupreme Court of the United States · 2001
  3. Pierce v. UnderwoodSupreme Court of the United States · 1988
  4. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  5. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001

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3Cited by5 opinions

  1. ABIOYE v. ODDODistrict Court, W.D. Pennsylvania · 2024
  2. Abel Amigon Sanchez v. Samuel Olson, Field Office Director of Enforcement and Removal Operations, Chicago Field Office, Immigration and Customs Enforcement, et al.District Court, N.D. Illinois · 2025
  3. Aguirre-Urbina v. WilcoxDistrict Court, W.D. Washington · 2019
  4. MICHELIN v. ODDODistrict Court, W.D. Pennsylvania · 2024
  5. Samuel Ochoa Ochoa v. Kristi Noem, Secretary, U.S. Department of Homeland Security; Todd Lyons, Acting Director of U.S. Immigration and Customs Enforcement; Samuel Olson, Deputy Field Office Director, Chicago Field Office, Immigration and Customs Enforcement; Brandon Crowley, Clay County Jail CommanderDistrict Court, N.D. Illinois · 2025

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