MARTIK SARGSYAN V. ERIC H. HOLDER JR., No. 08-72040 (9th Cir. 2013)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on December 4, 2012.
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MARTIK SARGSYAN and KRISTINE SARGSYAN , Petitioners, No. 08-72040 Agency Nos. A078-249-396 A078-364-947 v. ERIC H. HOLDER, JR., Attorney General, Respondent. ORDER Filed May 9, 2013 Before: Jerome Farris, John T. Noonan, and Jay S. Bybee, Circuit Judges. ORDER The motion for attorney s fee is DENIED. government s position was substantially justified. The NOONAN, Circuit Judge, concurring: I concur because the statute is clear. I regret the result. An able and experienced lawyer who devoted substantial time to aid persons threatened with deportation is denied 2 SARGSYAN V . HOLDER remuneration for her services. At the very least, we should be able to postpone a decision on the fees until the conclusion of the case. The EAJA does not work well when it compels a court to cut off compensation of careful and effective advocacy.
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