Jarquin v. Trump et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Luis Alberto Paladino Jarquin,
Petitioner,
v.
Donald J Trump, et al.,
Respondents.
No. CV-26-00186-PHX-RM (MTM)
ORDER
Luis Alberto Paladino Jarquin filed a Petition for Writ of Habeas Corpus under 28
U.S.C § 2241, challenging his immigration detention. (Doc. 1.) The Court granted the
Petition (Doc. 8), and the Clerk of Court entered a final judgment in favor of Petitioner
(Doc. 9). Currently pending before the Court is Petitioner’s Motion for Attorney Fees, in
which Petitioner seeks an attorney’s fees award of $7,606.64 under the Equal Access to
Justice Act, 28 U.S.C. § 2412(d). (Doc. 11.)1 Respondents did not file a response to the
Motion, and the deadline for doing so has expired.
A prevailing party is entitled to a judgment for costs in any civil against brought
against the United States or a United States official acting in his or her official capacity.
28 U.S.C. § 2412(a)(1). In addition, the Court shall award to the prevailing party fees and
other expenses “unless the court finds that the position of the United States was
substantially justified or that special circumstances make an award unjust.” Id. §
2412(d)(1)(A).
1 The Motion is timely, having been filed within 30 days of final judgment. See 28 U.S.C.
§ 2412(d)(1)(B).
Case 2:26-cv-00186-RM--MTM Document 12 Filed 04/02/26 Page 1 of 2

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Here, Petitioner is the prevailing party, Respondents’ position was not substantially
justified, and no special circumstances make an award unjust. Furthermore, Respondents
have not challenged the reasonableness of Petitioner’s fee request. Under the Local Rules
of Civil Procedure, the Court may summarily grant Petitioner’s Motion due to
Respondents’ failure to file a response. See LRCiv 7.2(i).
Accordingly,
IT IS ORDERED that Petitioner’s Motion for Attorney Fees (Doc. 11) is granted.
Petitioner is awarded $7,606.64 in attorney’s fees, expenses, and costs under the Equal
Access to Justice Act. The Government is ordered to pay the $7,606.64 award by check
made out to and delivered to Petitioner’s attorney at SDS Law LLC, 1470 NW 107 Ave.,
Suite D, Miami, FL 33172.
Dated this 2nd day of April, 2026.
Case 2:26-cv-00186-RM--MTM Document 12 Filed 04/02/26 Page 2 of 2