Legal Opinion
Gomez-Beleno v. Holder
Court of Appeals for the Second Circuit
Decided July 7, 2011No. Docket 07-0874-agPublishedCited by 42 opinions
1Opinion of the Court
CALABRESI, Circuit Judge:
Gilberto William Gomez-Beleno and Sandra Avila-Gaviria (collectively “the Petitioners”) successfully sought review by this Court of a final order of removal. They now move for costs and fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). The Government opposes the motion, arguing that the Petitioners are not entitled to a fee award on the ground that the “position of the United States was substantially justified.” Id. § 2412(d)(1)(A). We find that the position of the United States was not substantially justified. We therefore grant the…
2Cases cited12 opinions
- Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
- Saluja Thangaraja v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
- Vicente Osorio v. Immigration and Naturalization Service, Lawyers Committee for Human Rights, Amicus CuriaeCourt of Appeals for the Second Circuit · 1994
- Tchemkou v. MukaseyCourt of Appeals for the Seventh Circuit · 2008
- Li Zu Guan, 1 v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2006
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3Cited by42 opinions
- Rahinah Ibrahim v. US Dept. of Homeland SecurityCourt of Appeals for the Ninth Circuit · 2019
- Castaneda Castillo v. Holder, Jr.Court of Appeals for the First Circuit · 2013
- Caplash v. NielsenDistrict Court, W.D. New York · 2018
- Afriyie v. Commissioner of Social SecurityDistrict Court, S.D. New York · 2021
- Appling v. Saul, Commissioner of Social SecurityDistrict Court, S.D. New York · 2023
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