ARONOV v. NAPOLITANO

No. 07-1588.

562 F.3d 84 (2009)

Alexandre ARONOV, Plaintiff, Appellee, v. Janet NAPOLITANO, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided April 13, 2009.


Attorney(s) appearing for the Case

Thomas H. Dupree, Jr., Principal Deputy Assistant Attorney General, Civil Division, with whom Gregory G. Katsas, Assistant Attorney General, Civil Division, and Donald E. Keener, Deputy Director, were on brief for appellants.

Gregory Romanovsky with whom Law Offices of Gregory Romanovsky was on brief for appellee.

Anthony Drago, Jr., Anthony Drago, Jr., P.C., Marisa A. DeFranco, Devine Millimet & Branch, Howard Silverman, Ross, Silverman & Levy LLP, Jeanette Kain, Ilana Etkin Greenstein, Harvey Kaplan, Kaplan, O'Sullivan & Friedman, Paul Glickman, Ellen Sullivan, Glickman Turley, LLP, Vard Johnson, William Graves, Kerry Doyle, and Graves & Doyle on brief for American Immigration Lawyers Association, amicus curiae.

Before LYNCH, Chief Judge, TORRUELLA, BOUDIN, LIPEZ, and HOWARD, Circuit Judges.


OPINION EN BANC

LYNCH, Chief Judge.

This case concerns the standards for an award of attorneys' fees against an agency of the United States under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d)(1)(A). The Act requires such an award for a successful litigant who meets the particularized standards for being a "prevailing party," when the government's position, either before or after suit was filed...

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