United States Tenth Circuit

In Plaintiff's action seeking naturalization by the U.S., the District Court's award of attorney's fees to Plaintiff is affirmed, where 1) Plaintiff was the prevailing party and 2) the government's litigation position and the underlying agency action were not substantially justified.

Appellate Information

• Decided 03/18/2009
• Published 03/18/2009

Judges

• MURPHY, Circuit Judge., Before HENRY, Chief Judge, TACHA, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Walter Manning Evans (Emily Anne Radford, Assistant Director, and Stephen M. Elliott, Trial Attorney, on the briefs), Office of Immigration Litigation, United States Department of Justice, Civil Division, Washington, D.C., for Defendants-Appellants., Eric A. Shumsky, Sidley Austin LLP, Washington, D.C. (J. Shawn Foster, Law Offices of J. Shawn Foster, LLC, Salt Lake City, UT;  Madeleine V. Findley, Sidley Austin LLP, Washington, D.C.;   and Tacy F. Flint, Sidley Austin LLP, Chicago, IL, with him on the brief), for Plaintiff-Appellee.