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


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]

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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 Page: 1 of 2 Case: 08-72040 2 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. Page: 2 of 2

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