Tuong Huan Van Dinh v. Reno

McKAY, Circuit Judge.

Plaintiffs-appellants appeal from the district court’s denial of attorney’s fees and costs for which they applied pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(A). 1 Our jurisdiction arises under 28 U.S.C. § 1291. Because we conclude that the district court lacked subject matter jurisdiction over appellants’ underlying Bivens 2 class action suit, we remand for entry of an order dismissing the case with prejudice. 3

I. Background Facts and Procedures

Plaintiff Tuong Huan Van Dinh 4 is an alien who had permanent resident alien status until he was…