Legal Opinion

Cervantez v. Whitfield

Court of Appeals for the Fifth Circuit

Decided November 18, 1985No. 84-1736PublishedCited by 12 opinions

1Opinion of the Court

OPINION

ROBERT MADDEN HILL, Circuit Judge:

Two United States citizens of Hispanic descent sought declaratory and injunctive relief against the Immigration and Naturalization Service (INS) concerning the detention of Hispanic persons believed to be aliens. After a settlement of their dispute with the INS, plaintiffs sought attorney’s fees and costs under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. The district court denied the fees and costs, finding that plaintiffs were not prevailing parties and that the government’s litigation was substantially justified. We affirm.

*558I. FACTS

Plaint…

2Cases cited11 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Hensley v. EckerhartSupreme Court of the United States · 1983
  3. Stanley Spencer v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1983
  4. Iranian Students Association v. Edwin EdwardsCourt of Appeals for the Fifth Circuit · 1979
  5. Alspach v. District Director of Internal RevenueDistrict Court, D. Maryland · 1981

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3Cited by12 opinions

  1. Cullens v. GoberUnited States Court of Appeals for Veterans Claims · 2001
  2. Uslife Title Insurance Company of Dallas on Behalf of Lillian v. Mathews v. Paul R. Harbison v. United States of America Acting by and Through the Internal Revenue ServiceCourt of Appeals for the Fifth Circuit · 1986
  3. Morales v. ChadbourneCourt of Appeals for the First Circuit · 2015
  4. Thayer v. PrincipiUnited States Court of Appeals for Veterans Claims · 2001
  5. Jose Rigoberto Bernal-Garcia v. Immigration and Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1988

7 more not listed; retrieve them via the Exa API.

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