Will SCOTUS hold that EAJA covers immigration-detention habeas actions?
If the Supreme Court, in Montoya Palacios v. Liggins, rules the Equal Access to Justice Act’s phrase “any civil action” encompasses a habeas action challenging civil immigration detention, then the market resolves to Yes.
The Payout Criterion for the Contract encompasses the Expiration Values that the Supreme Court of the United States has ruled that, under the Equal Access to Justice Act, “any civil action” encompasses an action seeking a writ of habeas corpus to challenge civil immigration detention, after Issuance and before August 1, 2028. A merits ruling answering that question affirmatively resolves the market to Yes even if the Court remands for further proceedings concerning the availability or amount of fees. The market resolves to No if the Court rules that such a habeas action is not encompassed by “any civil action,” dismisses the writ as improvidently granted, dismisses the case, or remands without resolving the Question Presented.