Legal Opinion
Evelyn Victoria Zapon v. U.S. Department of Justice Immigration and Naturalization Service
Court of Appeals for the Ninth Circuit
Decided May 1, 1995No. 93-56189PublishedCited by 37 opinions
1Opinion of the Court
SHADUR, Senior District Judge.
Four members of the Zapon family — a husband and wife and their two elder children (collectively “Zapons”) appeal the denial of them application for an award of attorney’s fees against the United States under the Equal Access to Justice Act (“EAJA,” 28 U.S.C. § 2412(d)(1)(A)). EAJA is not an automatic fee-shifting statute in favor of litigants who prevail against the government. Instead Section 2412(d)(1)(A) says that such a prevailing party is not entitled to an award if “the court finds that the position of the United States was substantially justified or that…
2Cases cited5 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
- Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
- Walker v. City of BirminghamSupreme Court of the United States · 1967
- Yoram Bar-Levy v. United States Department of Justice, Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1993
3Cited by37 opinions
- Roberto Maldonado v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2015
- Pasqual Antonio-Martinez v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2003
- Kwadwo Ofosu v. Edward McElroy Acting District Director of the New York District of the Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1996
- Silva Mamigonian v. Michael BiggsCourt of Appeals for the Ninth Circuit · 2013
- Vassil Sapoundjiev, Encheva Sapoundjiev, and Hristo C. Sapoundjiev v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Seventh Circuit · 2004
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