Kholyavskiy v. Schlecht

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that, if “prevailing party” is too narrowly 16 construed, the government could “litigate vigorously to wear down the plaintiff and then 17 ‘tactically moot’ the case prior to judicial action”
• “[I]t cannot be reasonably disputed that the EAJA applies to a habeas action challenging immigration-related detention.”
• “[E]ven if the EAJA could be reasonably read as excluding habeas actions challenging criminal convictions, the same is not true of habeas actions challenging administrative detention.”

Source: CourtListener parenthetical corpus (CC0).