Legal Opinion
Ma v. Chertoff Ex Rel. United States Department of Homeland Security
Court of Appeals for the Second Circuit
Decided November 4, 2008No. Docket 07-1615-cvPublishedCited by 20 opinions
1Per curiam
Appellant, Zhaoxi Ma, appeals from a March 20, 2007 order of the United States District Court for the District of Connecticut (Kravitz, J.), denying his application for attorney’s fees and costs under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d)(1)(A). We find that Ma is not a “prevailing party” within the meaning of the EAJA and thus affirm the judgment of the district court.
Background
Ma, a native and citizen of China, filed the underlying suit in this action on October 19, 2006, seeking a declaratory judgment and mandamus to compel the Defendants to adjust Ma’s status to…
2Cases cited11 opinions
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- Perez-Arellano v. SmithCourt of Appeals for the Ninth Circuit · 2002
- Thomas v. National Science FoundationCourt of Appeals for the D.C. Circuit · 2003
- Union of Needletrades, Industrial and Textile Employees, Afl-Cio, Clc v. United States Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2003
- Yeheskel Dattner v. Conagra Foods, Inc., Conagra International, Inc., Donald Da Parma, Docket No. 05-5568-CvCourt of Appeals for the Second Circuit · 2006
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3Cited by20 opinions
- Ericksson v. Commissioner of Social SecurityCourt of Appeals for the Second Circuit · 2009
- Aronov v. NapolitanoCourt of Appeals for the First Circuit · 2009
- Genn ex rel. Genn v. New Haven Board of EducationDistrict Court, D. Connecticut · 2016
- Jeroski v. Federal Mine Safety & Health Review CommissionCourt of Appeals for the Seventh Circuit · 2012
- Iqbal v. HolderCourt of Appeals for the Tenth Circuit · 2012
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