Legal Opinion

W. M. v. C. v. William Barr, U.S. Atty Gen

Court of Appeals for the Fifth Circuit

Decided June 7, 2019No. 17-60753PublishedCited by 11 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

W.M.V.C. and her daughter A.P.V. are Honduran immigrants who appealed the dismissal of their applications for asylum and withholding of removal. We granted the government's motion to remand to allow the Board of Immigration Appeals ("BIA") to consider the issues raised in the petitioners' opening brief. Petitioners seek to recover attorneys' fees and expenses under the Equal Access to Justice Act ("EAJA"). Because the government's position as a whole was substantially justified, we deny the petition for review.

I

In 1999, W.M.V.C. began work as a housekeeper for…

2Cases cited30 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Pierce v. UnderwoodSupreme Court of the United States · 1988
  3. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  4. Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
  5. Texas State Teachers Ass'n v. Garland Independent School DistrictSupreme Court of the United States · 1989

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3Cited by11 opinions

  1. Flores v. O'MalleyDistrict Court, W.D. Texas · 2024
  2. Gitwaza v. GarlandDistrict Court, N.D. Texas · 2024
  3. Gun Owners of Am., Inc. v. Pamela BondiCourt of Appeals for the Sixth Circuit · 2026
  4. In Re SECRETARY OF THE ARMYCourt of Appeals for the Federal Circuit · 2024
  5. Jerry Dean Burden v. Frank Bisignano, Commissioner of Social Security AdministrationDistrict Court, W.D. Texas · 2026

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