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JURGENSEN v. POMPEO (2019)

United States Court of Appeals, Fourth Circuit.

Joey JURGENSEN, Plaintiff - Appellant, v. Michael R. POMPEO, Secretary, U.S. Department of State, In his official capacity; Chad Wolf, Acting Secretary, U.S. Department of Homeland Security, In his official capacity, Defendants - Appellees.

No. 19-1268

Decided: November 20, 2019

Before AGEE, FLOYD, and QUATTLEBAUM, Circuit Judges.

Eric S. Montalvo, Ricardo J.A. Pitts-Wiley, Astrid Lockwood, THE FEDERAL PRACTICE GROUP, Washington, D.C., for Appellant. Joseph H. Hunt, Assistant Attorney General, William C. Peachey, Director, Timothy M. Belsan, Chief, Edward S. White, Senior Counsel, National Security & Affirmative Litigation Unit, Office of Immigration Litigation, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees.

Joey Jurgensen appeals the district court's order denying her motion for attorneys’ fees under 28 U.S.C. § 2412(d)(1)(A) (2012) because Jurgensen was not the prevailing party. We affirm.

The district court's decision to grant or deny reimbursement for attorneys’ fees is reviewed for abuse of discretion. Priestley v. Astrue, 651 F.3d 410, 415 (4th Cir. 2011). Whether a party is a prevailing party, however, is reviewed de novo. Goldstein v. Moatz, 445 F.3d 747, 751 (4th Cir. 2006). We conclude that the district court properly found that Jurgensen was not a prevailing party entitled to attorneys’ fees. Accordingly, we affirm for the reasons stated by the district court. See Jurgensen v. Pompeo, No. 1:17-cv-01130-TSE-TCB (E.D. Va. Jan. 9, 2019). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED

PER CURIAM:

Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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JURGENSEN v. POMPEO (2019)

Docket No: No. 19-1268

Decided: November 20, 2019

Court: United States Court of Appeals, Fourth Circuit.

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