Legal Opinion
Carbonell v. Immigration & Naturalization Service
Court of Appeals for the Ninth Circuit
Decided November 17, 2005No. 03-56809PublishedCited by 6 opinions
1Opinion of the Court
REINHARDT, Circuit Judge.
Abraham Carbonell appeals the district court’s denial of his petition for attorney’s fees and costs under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d)(1)(A) (2005). Carbonell contends that he qualifies as a “prevailing party” under EAJA because he obtained a court order incorporating a voluntary stipulation which awarded him a substantial portion of the relief he sought. We conclude that the court order materially altered the relationship between Carbonell and the government and that this alteration was judicially sanctioned. We there fore hold that…
2Cases cited17 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- Texas State Teachers Ass'n v. Garland Independent School DistrictSupreme Court of the United States · 1989
- Hanrahan v. HamptonSupreme Court of the United States · 1980
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3Cited by6 opinions
- Carbonell v. I.N.S.Court of Appeals for the Ninth Circuit · 2005
- Newell v. Department of Mental RetardationMassachusetts Supreme Judicial Court · 2006
- Berishev v. ChertoffDistrict Court, D. Massachusetts · 2007
- United States v. United States Currency in the Sum of Six Hundred Sixty Thousand, Two Hundred DollarsDistrict Court, E.D. New York · 2006
- Ali v. GonzalesDistrict Court, W.D. Washington · 2007
1 more not listed; retrieve them via the Exa API.