Hoang Ha v. Richard Schweiker, Secretary of the United States Department of Health and Human Services

The Secretary appeals a district court order awarding appellees $20,530.29 in attorney’s fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 (d)(1)(A) (Supp. IV 1980). The underlying class action, brought on behalf of refugees in California, sought to enjoin the implementation of a regulation under the Refugee Act of 1980, 8 U.S.C. §§ 1521 et seq. (Supp. IV 1980). The challenged regulation reduced the availability of federal benefits to refugees from 36 to 18 months.

Proposed Refugee Resettlement Program regulations were published for comment on December 11, 1981. 46 Fed.Reg. 60,629 (1981). The Secretary approved of the regulations on February 8, 1982. The final form of the regulations was published March 12,1982, to become effective April 1, 1982. 47 Fed.Reg. 10,841 (1982) (codified at 45 C.F.R. § 400.62 (1982)). The district court granted the injunction because the final form of the regulation was not published at least 30 days in advance of its effective date as is required by section 553(d) of the Administrative Procedures Act. 5 U.S.C. § 553 (d) (1976). The district court subsequently granted plaintiff’s motion for attorney’s fees because the position of the federal…