Salvadoran man with withholding protection arrested at ICE appointment, denied attorneys' fees
Dec 2025
Country of origin: El Salvador

Kevin Isaac Montoya Palacios, a citizen of El Salvador with withholding of removal protection granted in September 2023, was arrested by ICE agents in December 2025 during a routine check-in appointment after meeting with ICE officials for over two years. He filed a habeas petition challenging the legality of his detention, which was granted by U.S. District Judge George Russell. However, the judge denied his request for attorneys' fees under the Equal Access to Justice Act, citing the 4th Circuit's position that habeas claims related to immigration detention are not civil actions. The case has been appealed to the Supreme Court.
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