United States First Circuit

In an action involving attorney's fees brought under the the Equal Access to Justice Act, district court's grant of attorney's fees is reversed and EAJA application dismissed with prejudice where: 1) plaintiff was not a prevailing party under the order; and 2) the government met its burden to show its pre-litigation actions were substantially justified.

Appellate Information

• Decided 04/13/2009
• Published 04/13/2009

Judges

• Before LYNCH, Chief Judge, TORRUELLA, BOUDIN, LIPEZ, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Thomas H. Dupree, Jr., Principal Deputy Assistant Attorney General, Civil Division, with whom Gregory G. Katsas, Assistant Attorney General, Civil Division, and Donald E. Keener, Deputy Director, were on brief for appellants., Anthony Drago, Jr., Anthony Drago, Jr., P.C., Marisa A. DeFranco, Devine Millimet & Branch, Howard Silverman, Ross, Silverman & Levy LLP, Jeanette Kain, Ilana Etkin Greenstein, Harvey Kaplan, Kaplan, O'Sullivan & Friedman, Paul Glickman, Ellen Sullivan, Glickman Turley, LLP, Vard Johnson, William Graves, Kerry Doyle, and Graves & Doyle on brief for American Immigration Lawyers Association, amicus curiae.


• For Appellees:
  
• Gregory Romanovsky with whom Law Offices of Gregory Romanovsky was on brief for appellee.