Barrera v. West

This matter is before the Court on the appellant’s application for attorney fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (EAJA). I voted to grant the appellant’s motion for a full Court decision in this case because the issues involved are of significant importance, part of the panel opinion is inconsistent with current caselaw, and the resulting partial denial of attorney fees and expenses was in error.

I. Summary

The position that I take in this dissent is summarized below:

This Court has jurisdiction to consider EAJA fees and expenses incurred as to…