Martik Sargsyan, et al v. Eric H. Holder Jr.

Filing

Filed Order for PUBLICATION (JEROME FARRIS, JOHN T. NOONAN and JAY S. BYBEE) The motion for attorney s fee is DENIED. The government s position was substantially justified. NOONAN, Circuit Judge, concurring:(See order for full text) [8622454]

Case: 08-72040

05/09/2013

ID: 8622454

DktEntry: 65

FOR PUBLICATION

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

MARTIK SARGSYAN and KRISTINE
SARGSYAN ,
Petitioners,

No. 08-72040

Agency Nos.
A078-249-396
A078-364-947

v.
ERIC H. HOLDER, JR., Attorney
General,
Respondent.

ORDER

Filed May 9, 2013
Before: Jerome Farris, John T. Noonan, and
Jay S. Bybee, Circuit Judges.

ORDER
The motion for attorney’s fee is DENIED.
government’s position was substantially justified.

The

NOONAN, Circuit Judge, concurring:
I concur because the statute is clear. I regret the result.
An able and experienced lawyer who devoted substantial time
to aid persons threatened with deportation is denied

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Case: 08-72040

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05/09/2013

ID: 8622454

DktEntry: 65

SARGSYAN V . HOLDER

remuneration for her services. At the very least, we should be
able to postpone a decision on the fees until the conclusion of
the case. The EAJA does not work well when it compels a
court to cut off compensation of careful and effective
advocacy.

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