Aronov v. Napolitano

LIPEZ, Circuit Judge,

with whom

TORRUELLA, Circuit Judge, joins, dissenting.

I respectfully dissent from the decision of the majority narrowing the class of plaintiffs who can obtain attorney’s fees under the Equal Access to Justice Act (“EAJA”). With its strangely dismissive view of a decision of the district court explaining why Aronov is a prevailing party, the majority refuses to accord that status to an immigrant who, facing a substantial delay in the processing of his application for naturalization, exercised his statutory right to sue the U.S. Citizenship and Immigration Service (“USCIS”)…