United States First Circuit

Petitioner's application for attorneys' fees under the Equal Access to Justice Act (EAJA) is: 1) granted in part as to the proceedings that led to the decision in Castaneda IV, the "intimately related" post-remand administrative proceedings that followed, the proceedings in Castaneda V and the current fee litigation; and 2) denied in part, as to the decisions in Castaneda I and Castaneda II, and administrative proceedings that followed those decisions, which are time-barred under the EAJA, because a judgment remanding a case to the BIA for further proceedings constitutes a final judgment for purposes of the EAJA's statute of limitations.

Appellate Information

• Decided 07/17/2013
• Published 07/17/2013

Judges

• TORRUELLA

Court

• United States First Circuit

Counsel