Pablo Arnulfo Ruiz-juarez, Petitioner-appellant, v. Richard C. Smith, District Director, U.S. Immigration Andnaturalization Service, Respondent-appellee, 952 F.2d 407 (9th Cir. 1992)

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U.S. Court of Appeals for the Ninth Circuit - 952 F.2d 407 (9th Cir. 1992) Submitted Dec. 2, 1991. *Decided Jan. 7, 1992

Before EUGENE A. WRIGHT, DAVID R. THOMPSON and T.G. NELSON, Circuit Judges.

MEMORANDUM^**

Ruiz-Juarez's attorney requests an award of attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 241(1). Before his attorney made a request for fees, exclusion proceedings began that resulted in the transfer of Ruiz-Juarez to Guatemala. Consequently, his attorney wishes to stand in his shoes and collect the fees on his behalf.

An attorney fee award is the property of the party and not his attorney. Evans v. Jeff D., 475 U.S. 728, 730-31 n. 19 (1986). Evans indicates that a party may waive or assign his right to the fee. Id. at 731. Ruiz-Juarez has given no indication that he assigned his rights to his lawyer. Consequently, we rule that his attorney lacks standing to pursue this claim for attorneys fees. This appeal is DISMISSED.

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a) and Ninth Circuit Rule 34-4

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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