A federal court in New Mexico has denied a motion from the U.S. Department of Homeland Security and other government officials to delay proceedings in an immigration case involving Neyder Enriquez Nunez Lopez. This decision allows Lopez to move forward with his request for attorney fees following his successful petition for a writ of habeas corpus.
The case, filed under docket number 1:26-cv-00641, centers on Lopez, who had previously been detained by immigration authorities. The court's ruling is significant as it impacts Lopez's ability to recover legal costs after prevailing in his case, which challenges the legality of his detention.
Background
Neyder Enriquez Nunez Lopez is the petitioner in this case, having filed a petition for a writ of habeas corpus against several government officials, including the Secretary of the U.S. Department of Homeland Security and the Attorney General of the United States. The dispute arose after Lopez was detained by U.S. Immigration and Customs Enforcement (ICE) and sought to challenge the legality of that detention.
On July 31, 2026, the court granted Lopez's petition, ordering his immediate release from detention. Following this ruling, Lopez filed a motion for attorney fees and costs under the Equal Access to Justice Act (EAJA), which allows for the recovery of legal fees in certain civil actions against the United States. The government, however, sought to delay the proceedings related to Lopez's request for attorney fees.
The Ruling
The court ruled against the government's motion to place the case in abeyance, which would have postponed the resolution of Lopez's attorney fees request until after a related Supreme Court decision. The court stated, "It is in the orderly course of justice to effect swift justice to Petitioner and counsel and bring finality to this matter, which requires no further litigation or narrowing of issues." This ruling was made by Judge Margaret Strickland.
The court noted that the EAJA permits an award of attorney fees to a prevailing party in civil actions against the United States, including habeas corpus actions challenging immigration detention. The ruling emphasized that the Tenth Circuit has already established that such actions qualify for attorney fees, and the court is bound to follow that precedent unless overturned by higher courts.
Impact
This ruling has important implications for Lopez and others in similar situations. By denying the motion to delay, the court allows Lopez to pursue his request for attorney fees without further hindrance. This decision reinforces the principle that individuals who successfully challenge their immigration detention can recover their legal costs, promoting access to legal representation.
The court's decision also highlights a broader issue in immigration law regarding the availability of attorney fees under the EAJA. With a circuit split on this issue, the Supreme Court's upcoming decision in a related case may further clarify the legal landscape. However, for now, the ruling in Lopez's case stands, affirming the right to seek compensation for legal representation in immigration habeas cases.
What's Next
Lopez's case can continue as he seeks to recover attorney fees. Meanwhile, the government may consider appealing the ruling, but details on any potential appeal were not available in the court filing. The Supreme Court is also set to address related issues in the case Montoya Palacios v. Liggins, which could influence future cases involving attorney fees in immigration detention challenges.