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Montoya Palacios v. Liggins

No. 25-1223 · October Term 2026 · Judicial Power

questions presented (PDF) · docket · Oyez

67%chance Montoya Palacios (petitioner) wins · the base rate before argument

Expected vote 5–4 for Montoya Palacios. Chance of a unanimous ruling 43%.

Before oral argument the model knows only the case's structure: the issue area, which way the lower court ruled, and each justice's record on both. That is not enough to separate cases, so every unargued case carries the petitioner's base rate. The transcript features arrive within days of argument and the number becomes a call.

The case

Kevin Isaac Montoya Palacios, an individual facing removal from the U.S., is suing Vernon Liggins, an ICE official, after his supervised release was revoked and he was detained for removal to Mexico. The Fourth Circuit affirmed the dismissal of his habeas corpus petition challenging the removal procedures. The Supreme Court must decide whether a habeas corpus action challenging civil immigration detention falls under the "any civil action" clause of the Equal Access to Justice Act, which would allow a prevailing party to recover legal fees.

  • Does the phrase "any civil action" in the Equal Access to Justice Act (EAJA) include a habeas corpus petition challenging civil immigration detention?
  • If habeas corpus actions are covered by EAJA, what implications does this have for individuals seeking to recover legal fees in immigration detention cases?
  • How does the Court interpret statutory language like "any civil action" in the context of fee-shifting statutes and the historical understanding of habeas corpus?

AI brief written by gemini-2.5-flash from the questions presented and the Oyez facts on 2026-10-02. Commentary only; it is not an input to the model.

Parties
Petitioner: Kevin Isaac Montoya Palacios, Petitioner
Respondent: Vernon Liggins, Acting Field Office Director, Baltimore, Maryland, Immigration and Customs Enforcement, et al.
Below
United States Court of Appeals for the Fourth Circuit · March 24, 2026
2026 WL 1154321 · ruling coded conservative · cert. granted 6/29/2026
Question presented, as filed

The Equal Access to Justice Act (EAJA) provides that, "in any civil action (other than cases sounding in tort)" by or against the federal government, a court shall award to a prevailing party its fees and costs, unless the court finds certain exceptions present. 28 U.S.C. § 2412(d) (1)(A). The question presented is whether, under EAJA, "any civil action" encompasses an action seeking a writ of habeas corpus to challenge civil immigration detention.

Facts of the case (Oyez)

Kevin Isaac Montoya Palacios, a citizen of El Salvador, entered the United States in April 2016 and was placed in removal proceedings. On September 11, 2023, an immigration judge ordered him removed to El Salvador but simultaneously granted him protection barring his removal to El Salvador under the Convention Against Torture. Following that order, Montoya Palacios was released from custody and placed under government supervision, which he says he complied with for years by reporting regularly to immigration authorities. On December 8, 2025, Montoya Palacios attended a scheduled check-in with Immigration and Customs Enforcement in Baltimore. Officers revoked his supervised release and served him with notice of their intent to remove him to Mexico rather than El Salvador. Officers conducted an informal interview that day, but Montoya Palacios declined to make a statement. He was transferred to a detention facility in Hopkinsville, Kentucky. Montoya Palacios argues that the procedures ICE followed gave him no real chance to raise fears about conditions in Mexico before the government sought to deport him there; the government argues that it provided all legally required process. Montoya Palacios filed a habeas corpus petition in the U.S. District Court for the District of Maryland. The district court dismissed his third-country removal claim without prejudice, and the U.S. Court of Appeals for the Fourth Circuit affirmed.

The nine

Each justice's predicted vote and the record behind it: how often they have voted for the petitioner overall, in Judicial Power cases, and when the lower court ruled conservative; and, once argued, how many questions they put to each side (the side a justice questions more tends to lose their vote). The note under each row is the AI brief's reading, commentary rather than model input.

JusticePredictedOverallThis issueLower court conservativeAt argument
John G. Roberts
Republican appointee · since OT2005

Chief Justice Roberts often emphasizes textualism and the plain meaning of statutory language, which could lead him to consider whether "any civil action" naturally includes habeas petitions. He also tends to favor judicial restraint and may look to established precedents regarding the scope of fee-shifting statutes.

57% Montoya Palacios68%
for the petitioner · 1,512 votes
69%
Judicial Power · 197 votes
61%
lower court conservative · 734 votes
not yet argued
Clarence Thomas
Republican appointee · since OT1991

Justice Thomas is a strong proponent of originalism and textualism, and he would likely scrutinize the historical understanding of "civil action" and habeas corpus at the time EAJA was enacted. His jurisprudence often reflects a strict interpretation of statutory grants of jurisdiction and remedies.

57% Montoya Palacios59%
for the petitioner · 2,801 votes
57%
Judicial Power · 388 votes
43%
lower court conservative · 1,365 votes
not yet argued
Samuel A. Alito
Republican appointee · since OT2005

Justice Alito typically adheres to a textualist approach, focusing on the precise wording of statutes. He may consider the legislative intent behind the EAJA and whether Congress specifically intended to include habeas corpus actions within its scope, particularly given the unique nature of habeas proceedings.

57% Montoya Palacios62%
for the petitioner · 1,469 votes
65%
Judicial Power · 190 votes
48%
lower court conservative · 722 votes
not yet argued
Sonia Sotomayor
Democratic appointee · since OT2009

Justice Sotomayor often considers the practical impact of legal interpretations on individuals, particularly in immigration and civil rights cases. She may be inclined to interpret "any civil action" broadly to ensure access to justice for those challenging government actions, consistent with the remedial purpose of EAJA.

57% Montoya Palacios61%
for the petitioner · 1,192 votes
58%
Judicial Power · 149 votes
76%
lower court conservative · 594 votes
not yet argued
Elena Kagan
Democratic appointee · since OT2010

Justice Kagan often employs a pragmatic approach to statutory interpretation, considering both text and purpose. She might examine the overall structure and goals of the EAJA to determine if including habeas petitions aligns with Congress's intent to enable prevailing parties to recover fees against the government.

63% Montoya Palacios63%
for the petitioner · 1,072 votes
61%
Judicial Power · 137 votes
75%
lower court conservative · 543 votes
not yet argued
Neil M. Gorsuch
Republican appointee · since OT2016

Justice Gorsuch is a prominent textualist and originalist, and he would likely focus on the ordinary public meaning of "any civil action" at the time of EAJA's enactment. He has also shown a willingness to protect individual liberties against government overreach, which could influence his view on access to remedies.

63% Montoya Palacios65%
for the petitioner · 592 votes
69%
Judicial Power · 83 votes
59%
lower court conservative · 286 votes
not yet argued
Brett M. Kavanaugh
Republican appointee · since OT2018

Justice Kavanaugh often emphasizes clear statutory text and legislative intent. He would likely analyze whether the plain language of EAJA supports the inclusion of habeas corpus petitions, and he may also consider the potential practical implications of such an interpretation for the federal courts.

57% Montoya Palacios69%
for the petitioner · 498 votes
73%
Judicial Power · 62 votes
62%
lower court conservative · 244 votes
not yet argued
Amy Coney Barrett
Republican appointee · since OT2020

Justice Barrett is a textualist who prioritizes the plain meaning of statutory language. She would likely examine the definition of "civil action" as understood in legal parlance and whether habeas corpus fits within that definition for the purposes of the EAJA.

57% Montoya Palacios66%
for the petitioner · 360 votes
71%
Judicial Power · 49 votes
60%
lower court conservative · 178 votes
not yet argued
Ketanji Brown Jackson
Democratic appointee · since OT2022

Justice Jackson often considers the historical context and practical implications of legal interpretations, particularly concerning access to justice and administrative law. She may be inclined to interpret "any civil action" in a manner that supports individuals challenging government detention, consistent with the remedial goals of EAJA.

63% Montoya Palacios59%
for the petitioner · 244 votes
60%
Judicial Power · 37 votes
80%
lower court conservative · 127 votes
not yet argued

Rates are each justice's own participation record in the Supreme Court Database, the same history the model trains on; a rate on fewer than five votes is not shown. The predicted vote is VotePredictor SCOTUS' per-justice probability from the served model, which also reads the bench-wide transcript signal and how long each side held the podium.

Every call this term, justice by justice · how the model is built and its record. Data as of 2026-10-02.