Michel v. Mayorkas, No. 22-1465 (1st Cir. 2023)
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The First Circuit affirmed the rulings of the district court granting Appellants attorney's fees under the the Equal Access to Justice Act (EAJA), which entitles a prevailing party in certain civil actions against the United States to remove attorney's fees unless the government's position was substantially justified or special circumstances make an award unjust, holding that there was no error.
Appellants brought this challenge against the Department of Homeland Security and its agency, the United States Citizenship and Immigration Services (USCIS), after USCIS administratively closed each Appellant's application to adjust status, seeking attorney's fees under the EAJA. Determining that the government's position was substantially justified, the district court denied attorney's fees for the proceedings before the court but granted Appellants EAJA fees for the ensuing appellate proceedings that the government voluntarily dismissed. The First Circuit affirmed both rulings, holding (1) the district court did not abuse its discretion in denying EAJA fees related to the challenges before it; and (2) the district court did not err in its calculation of the EAJA award for the appellate proceedings abandoned by the government.
The court issued a subsequent related opinion or order on May 12, 2023.
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