Legal Opinion
Severino Abela v. Ernest Gustafson
Court of Appeals for the Ninth Circuit
Decided November 6, 1989No. 87-5658PublishedCited by 46 opinions
1Opinion of the Court
NELSON, Circuit Judge:
This appeal concerns the right of petitioners for naturalization to receive attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, when the government actively opposes the petition. We hold that the EAJA applies to contested petitioners for naturalization.
Appellees are sixty-nine petitioners for naturalization, the majority of whom are Filipino veterans of World War II who sought American citizenship based upon long-expired provisions of the Nationality Act of 1940, Pub.L. No. 76-853, 54 Stat. 1137, as amended by the second War Powers Act of 1942,…
2Cases cited13 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Immigration & Naturalization Service v. PangilinanSupreme Court of the United States · 1988
- Tutun v. United StatesSupreme Court of the United States · 1926
- George L. Barry v. Otis R. BowenCourt of Appeals for the Ninth Circuit · 1987
- Reed Smith and Valoy Smith, Husband and Wife v. John Block, in His Capacity as Secretary of the United States Department of AgricultureCourt of Appeals for the Ninth Circuit · 1986
8 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Equal Employment Opportunity Commission v. Farmer Brothers Company, Defendant-Appellant-Cross-Appellee v. Diana Estrada, Plaintiff-Intervenor-Appellee-Cross-AppellantCourt of Appeals for the Ninth Circuit · 1994
- Anthony Kariuki v. Tracy TarangoCourt of Appeals for the Fifth Circuit · 2013
- Kai Tung Chan v. Mary Ann Gantner, Interim District Director, United States Citizenship and Immigration Services, Docket No. 05-4573-CvCourt of Appeals for the Second Circuit · 2006
- Dorothy A. Cummings v. Louis W. Sullivan, M.D., Secretary of Health and Human ServicesCourt of Appeals for the Seventh Circuit · 1991
- United States v. Gary H. Marolf, in Re Application for Return of Seized Property 1981 Mango Motor Sailboat Named "Asmara,"Court of Appeals for the Ninth Circuit · 2002
41 more not listed; retrieve them via the Exa API.