Mora-Albarran
Mora-Albarran v. Mayorkas
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RAMON MORA-ALBARRAN, Case No. 22-cv-04181-JSC
Plaintiff,
ORDER DENYING PLAINTIFF’S
v. MOTION FOR FEES AND COSTS
UNDER EAJA
ALEJANDRO MAYORKAS, Re: Dkt. No. 45 Defendant.
12 INTRODUCTION In this immigration case, Plaintiff Roman Mora Albarran seeks attorney’s fees and costs under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, following the Court’s grant of Defendant Alejandro Mayorkas’, the Secretary of the Department of Homeland Security (DHS), cross-motion for summary judgment and denial of Plaintiff’s motion for summary judgment. (Dkt. No. 43. 1) Plaintiff requests the Court award him attorney’s fees in the amount of $26,665 and $466.35 in costs. (Dkt. No. 45 at 21-22.) The government argues Plaintiff is not entitled to attorney’s fees under the EAJA because he is not a prevailing party, its position in the underlying litigation was substantially justified, and the requested fees are excessive…