Garcia v. Barr, No. 19-2682 (8th Cir. 2020)
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After the district court granted petitioner's application for naturalization, petitioner then moved for attorney's fees and costs under the Equal Access to Justice Act (EAJA). The district court denied the motion. The government concedes that petitioner is entitled to costs in the amount he requests because he is the prevailing party and, unlike for attorney's fees, there is no "substantially justified" requirement for costs under the EAJA.
The Eighth Circuit affirmed the district court's order with modifications that petitioner is awarded costs. The court held that the district court did not abuse its discretion by determining that the government's position was substantially justified and did not err in denying the requested attorneys' fees under the EAJA. In this case, the government's position that petitioner lacked good moral character because he had given false testimony for the purpose of obtaining immigration or naturalization benefits was substantially justified. Finally, the court denied petitioner's motion to supplement the record.
Court Description: [Per Curiam - Before Kelly, Erickson and Stras, Circuit Judges] Petition for Review - Equal Access to Justice Act. In this application for naturalization, the court granted the application but denied Garcia's requests under the Equal Access to Justice Act for attorneys' fees and costs; the government concedes Garcia is entitled to costs, and that portion of the district court's order is reversed; however, the district court did not err, on this trial record, in concluding the government's litigation position was substantially justified, and it did not err in denying the EAJA request for attorneys' fees.
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