UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION

SYBREG VALENTINA CASTRO BALZA CASE NO. 6:20-CV-00866 SEC P

VERSUS JUDGE JUNEAU

WILLIAM P BARR ET AL MAGISTRATE JUDGE PATRICK J. HANNA

JUDGMENT

Before the Court are Petitioner’s original and supplemental Motions for Attorney Fees and costs pursuant to the Equal Access to Justice Act (EAJA). Rec. Docs. 21, 23. These motions were opposed by the government. Rec. Docs. 25, 26. This matter was referred to United States Magistrate Judge Patrick J. Hanna for report and recommendation. Rec. Doc. 30. After an independent review of the record and applicable law, including the Petitioner’s objection1, this Court agrees with the Magistrate Judge’s conclusion that the Motions for Attorney Fees should be denied, but does so on alternate grounds. Specifically, the Court finds that the Government’s position was substantially justified. Substantial justification requires that the litigant’s position have a “reasonable basis both in law and fact.” Sylejmani v. Barr, 768 F.App’x 212, 219 (5th Cir. 2019) (quoting Pierce v. Underwood,

(1988). The Court finds that neither the Government’s conduct nor its position in this litigation lacked a reasonable basis in law and fact, particularly given the novel and difficult

circumstances involved in this case including the evolving COVID-19 pandemic and

civil conflict in Venezuela. As such, the Government’s position was substantially justified, and Petitioner is not entitled to attorney fees. Considering this finding, the Court need not resolve the open question of whether a successful habeas

petitioner could access fees under the EAJA. Accordingly, IT IS ORDERED, ADJUDGED, AND DECREED that both Motions for Attorney Fees and costs filed by Petitioner (Rec. Docs. 21, 23) are DENIED.

THUS DONE AND SIGNED in Lafayette, Louisiana, on this 3rd day of

November, 2021.

Of MICHAEL J.JUNEAU UNITED STATES DISTRICT JUDGE