Ibrahim v. U.S. Department of Homeland Security

Plaintiff-Appellant Dr. Rahinah Ibrahim appeals the district court’s award of attorney’s fees and expenses pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 and the Supreme Court’s decision in Hensley v. Eckerhart, 461 U.S. 424 , 103 S.Ct. 1933 , 76 L.Ed.2d 40 (1983). She contends the district court incorrectly found that the government had not acted in bad faith under EAJA section 2412(b) and therefore erred by declining to award market-rate fees. She further argues the district court erred by finding that the government’s conduct was substantially justified under EAJA section 2412(d)(1)(A) on discrete issues and at discrete stages of the litigation, rather than making a single determination on the case as a whole. Finally, she challenges the district court’s striking of her objections to a special master’s report on her claimed expenses. We have jurisdiction under 28 U.S.C. § 1291 .

In light of the Supreme Court’s decision ■in Commissioner, INS v. Jean, 496 U.S. 154 , 110 S.Ct. 2316 , 110 L.Ed.2d 134 (1990), we hold the district court erred by making multiple substantial justification determinations and accordingly reverse. We also reverse the…