Severino Abela v. Ernest Gustafson

This appeal concerns the right of petitioners for naturalization to receive attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 , when the government actively opposes the petition. We hold that the EAJA applies to contested petitioners for naturalization.

Appellees are sixty-nine petitioners for naturalization, the majority of whom are Filipino veterans of World War II who sought American citizenship based upon long-expired provisions of the Nationality Act of 1940, Pub.L. No. 76-853, 54 Stat. 1137, as amended by the second War Powers Act of 1942, section 1001, Pub.L. No. 77-507, 56 Stat. 182. These provisions, sections 701 and 702, exempted noncitizens who served in the United States Armed Forces from many of the customary naturalization requirements. The second War Powers Act expired on December 31, 1946. Prom October 1945 to August 1946, no official with authority under these sections was present in the Philippines to receive or act upon naturalization petitions. Appel-lees sought naturalization on the ground that they had had a statutory right to naturalization and had made reasonable efforts to be naturalized before the Act expired. The remaining…