Legal Opinion

Atalla v. United States Citizenship & Immigration Services

Court of Appeals for the Ninth Circuit

Decided December 1, 2014No. 12-15309Unpublished

1Opinion of the Court

MEMORANDUM ***

United States Citizenship and Immigration Services (USCIS) appeals the district court’s order awarding attorney’s fees to Jamal Atalla pursuant to the Equal Access to Justice Act (“EAJA”). 28 U.S.C. § 2412(d)(1)(A). We reverse.

USCIS denied Atalla’s application for naturalization 1 and he commenced this action for review of that decision. 2 The district court granted his petition and we affirmed. See Atalla v. USCIS, 541 Fed.Appx. 760, 761 (9th Cir.2013) (‘Atalla I”). The district court also granted attorney’s fees pursuant to the EAJA, and this appeal followed.

USCIS asserts that…

2Cases cited12 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
  3. Archdiocese of Milwaukee Supporting Fund, Inc. v. Mercury Interactive Corp.Court of Appeals for the Ninth Circuit · 2010
  4. Sonya Renee v. Arne DuncanCourt of Appeals for the Ninth Circuit · 2012
  5. Naseem Salman Al-Harbi v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2002

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