Aboushaban
Aboushaban v. Mueller
Opinion
Opinion
Zimmerman, J.
ORDER AWARDING PLAINTIFF FEES
On February 22, 2006, plaintiff filed a complaint seeking a writ of mandamus directing the United States Citizenship and Immigration Services (USCIS) and the Federal Bureau of Investigation (FBI) to adjudicate plaintiffs pending I-485 application for adjustment of status to lawful permanent resident. See Aboushaban v. Mueller, 2006 WL 3041086 , at *1 (N.D.Cal.). A political asylee since January 22, 1997, plaintiff alleged he filed his application on June 17, 1998.
On October 24, 2006, I granted plaintiffs motion for summary judgment, ordered the USCIS to adjudicate plaintiffs application forthwith, and retained jurisdiction to ensure that my Order was carried out. I also granted the FBI summary judgment because it had finished its limited role in the processing of plaintiffs application. Id. at *2-3. On November 6, 2006, the USCIS reported that it had approved plaintiffs application- on October 27. See Civil Docket No. 29. Following agreement by the parties that no further relief was sought, final judgment was entered on February 21, 2007.
Plaintiff has moved under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (d), for an award of…