A New Mexico federal court has ordered the U.S. government to pay $16,800 in attorney fees to Neyder Enriquez Nunez Lopez after he successfully challenged his detention by Immigration and Customs Enforcement (ICE). This ruling, made under the Equal Access to Justice Act (EAJA), highlights the legal protections available to immigrants facing detention and removal proceedings.
The case, filed under docket number 1:26-cv-00641, stems from Lopez's arrest in New York City in August 2025. He was detained without cause and subsequently faced removal proceedings. The court's decision to grant attorney fees is significant as it underscores the importance of legal representation in immigration cases and the government's obligation to justify its detention practices.
Background
Neyder Enriquez Nunez Lopez is a Venezuelan citizen who entered the United States on a visitor's visa in December 2021. He was included as a derivative beneficiary on his husband's asylum application in early 2023 and had been living and working legally in New York. However, his life took a drastic turn when he was arrested on August 19, 2025, at Penn Station, falsely accused of public lewdness. Although no charges were pursued, he was transferred to ICE custody along with others arrested under similar circumstances.
After being moved to the El Paso Detention Center and then to the Cibola County Correctional Center, Lopez received a Notice to Appear, which charged him with overstaying his visa. Following a custody hearing on September 25, 2025, an immigration judge denied him bond, labeling him a 'danger' to the community based on the dismissed charges. This led Lopez to file a Petition for Writ of Habeas Corpus in March 2026, arguing that his detention was unlawful.
The Ruling
On July 31, 2026, the court granted Lopez's habeas petition, ordering his immediate release. The judge found that Lopez's prolonged detention violated his Fifth Amendment rights, stating, "Petitioner’s indefinite, ongoing detention of over eleven months, with no reasonably foreseeable end in sight, is excessive in relation to the Government’s legitimate, nonpunitive purpose of facilitating removal."
Following this ruling, Lopez filed a motion for attorney fees under the EAJA on August 29, 2026. The court reviewed the submissions from both parties and ultimately granted the motion, stating that the government had failed to demonstrate that its position was 'substantially justified' and that there were no special circumstances that would make an award of fees unjust. The court emphasized that Lopez was a 'prevailing party' as he had achieved a judicially sanctioned change in the legal relationship between the parties.
Impact
This ruling has significant implications for immigrants facing detention. It reinforces the idea that individuals who successfully challenge their detention may be entitled to recover attorney fees, thereby encouraging legal representation in similar cases. The court's decision also highlights the importance of due process rights for individuals in immigration proceedings, particularly regarding the justification for detention.
Moreover, the ruling may set a precedent for future cases involving the EAJA and immigration detention. It demonstrates that the government must provide a reasonable basis for its actions and that failure to do so can result in financial liability for attorney fees. This case could influence how immigration cases are handled in the future, particularly in the context of detention practices.
What's Next
The government may choose to appeal this decision, although details were not available in the court filing. Additionally, there may be related cases pending that could further clarify the legal standards surrounding immigration detention and the EAJA.