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Immigration Law

CA1 on EAJA Fees: Castañeda-Castillo v. Holder

"This is the sixth (and hopefully the final) installment of Petitioner David Eduardo Castañeda's tumultuous voyage through our nation's immigration system. Castañeda began his journey more than twenty years ago, when he arrived in the United States seeking political asylum based on the alleged persecution he suffered at the hands of the Shining Path, a ruthless guerrilla organization bent on overthrowing the government of Perú. On February 6, 2012, after his case generated three court-of-appeals opinions, one district court opinion, and numerous administrative determinations, an Immigration Judge (IJ) finally granted asylum to Castañeda and his family members.  Subsequently, on April 12, 2012, we entered final judgment closing Castañeda's case. See Castañeda-Castillo v. Holder, 676 F.3d 1 (1st Cir. 2012) ("Castañeda V"). In so doing, we cautioned that we were taking "no position on the deadline for filing, or potential merit of, an application for attorneys' fees under the Equal Access to Justice Act." Id. at 3. On July 12, 2012, Castañeda filed such a petition, seeking to be awarded the attorneys' fees he incurred while litigating his case in federal court, as well as the attorneys fees related to the administrative proceedings he underwent. After careful consideration, we grant his petition in part and deny it in part." - Castañeda-Castillo v. Holder, July 17, 2013.