United States Ninth Circuit

When an underlying action has previously been dismissed for lack of subject-matter jurisdiction, and that decision has become final, a court may not reconsider the issue of subject-matter jurisdiction for purposes of awarding fees under the Equal Access to Justice Act.

Appellate Information

• Argued 12/07/2001
• Decided 03/07/2002
• Published 03/07/2002

Judges

• HUG, Circuit Judge., Before: HUG, D.W. NELSON, and HAWKINS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Richard M. Pearl, Berkeley, CA, for appellants.


• For Appellees:
  
• William J. Howard and Antony W. Norwood, Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., for appellees.