Legal Opinion
Zambrano v. Immigration & Naturalization Service
Court of Appeals for the Ninth Circuit
Decided March 7, 2002No. 00-16191PublishedCited by 1 opinion
1Opinion of the Court
HUG, Circuit Judge.
OVERVIEW
This case presents the question of whether a court can reconsider the issue of subject matter-jurisdiction for purposes of awarding fees under the Equal Access to Justice Act (“EAJA”) when the underlying action had previously been dismissed for lack of subject-matter jurisdiction, and that decision has become final. We conclude that it cannot.
Plaintiffs appeal the district court's denial of fees in this class action, which deals with a challenge to regulations as applied and implemented by the Immigration and Naturalization Service (“INS”).1 After dismissing the…
2Cases cited11 opinions
- Plaut v. Spendthrift Farm, Inc.Supreme Court of the United States · 1995
- Reno v. Catholic Social Services, Inc.Supreme Court of the United States · 1993
- National Labor Relations Board v. Catholic BishopSupreme Court of the United States · 1979
- United States v. Sioux Nation of IndiansSupreme Court of the United States · 1980
- Branson v. NottCourt of Appeals for the Ninth Circuit · 1995
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3Cited by1 opinion
- Zambrano v. Immigration And Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2002