Tunheim Cancels April Contempt Hearing at Parties' Request, Then Awards $17,505 in Fees and Notes Government Did Not Return All IDs; Sanctions Motion Withdrawn

Outcome of the 2026-04-06 contempt hearing the 03-06 order set (see 2026-03-06–tunheim-orders-ice-replace-eads-free-and-pay-ftca-claims-jbco-v-bondi): it did not happen in J.B.C.O. After government status reports (Docs. 42, 44, 04-02 and 04-03; not in RECAP, content unread) and an “agreed request for cancellation,” Judge Tunheim cancelled the hearing “as it pertains to this case” on 2026-04-03 (docket text; the other consolidated cases are not covered by this reading). Petitioners’ sanctions motion (Doc. 25) was set for hearing 05-26, then withdrawn by petitioners on 2026-05-11 (Doc. 56). On 2026-05-18 (order date) the court denied it as withdrawn and granted EAJA fees, finding the government’s position not substantially justified, and recited that respondents missed release deadlines and “did not return all” IDs. The government conceded prevailing-party status and did not contest the amount. Whether the EADs were in fact replaced and the FTCA claims paid is not stated in the order and not shown in public docket text; that is unconfirmed. Judgment entered 2026-05-19; the docket shows no contempt finding.

Cited in 2026-10-13–gonzalez-v-dhs-class-action-ice-keeps-ids-eads-property-after-release.