(DOWNLOAD) "John Oguachuba v. Immigration and Naturalization Service and Dale Thomas" by United States Court of Appeals for the Second Circuit # Book PDF Kindle ePub Free
eBook details
- Title: John Oguachuba v. Immigration and Naturalization Service and Dale Thomas
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 22, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 85 KB
Description
John Oguachuba appeals from Judge Thomas P. Griesas denial of an application for attorneys fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. ? 2412 (Supp. V 1981). The application followed a grant of Oguachubas petition for the writ of habeas corpus, Oguachuba v. INS, 82 Civ. 0073 (S.D.N.Y. Jan. 28, 1982). On appeal, Oguachuba and amicus curiae, the American Immigration Lawyers Association, contend that Oguachubas conceded history of misconduct did not constitute a "special circumstance" for which attorneys fees may be denied within the meaning of the EAJA, 28 U.S.C. ?? 2412(d)(1)(A) and (2), and that the governments opposition to Oguachubas petition for the writ was not "substantially justified" under 28 U.S.C. ? 2412(d)(1)(A). In addition, both Oguachuba and amicus claim that the governments opposition to his petition was in bad faith and that attorneys fees should be awarded under the "bad faith" exception, which permits an award in circumstances in which the common law would have permitted an award against a private party. 28 U.S.C. ? 2412(b).
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