Ali v. Gonzales

ORDER ON MOTION FOR EAJA AWARD OF ATTORNEY FEES

PECHMAN, District Judge.

This motion comes before the Court on remand from the Ninth Circuit. All the substantive legal issues in the matter have been resolved, and the question remaining to be determined is whether Petitioners’ counsel are entitled to an award of attorney fees under the Equal Access to Justice Act (“EAJA”). The case was remanded to permit this Court to “revisit prevailing party status” (Memorandum Opinion, No. 03-35620, p. 6), and answer the question of whether Petitioners could still be found to be prevailing parties for EAJA…