Jose R. Montes Eduardo Castro Juan A. Monterrosa v. Richard L. Thornburgh Roy Daniel

A group of political asylum applicants sought injunctive and declaratory relief against filing requirements imposed by Immigration Judge Daniel in addition to those required by INS regulations. After suit was filed, the Executive Office for Immigration Review (EOIR) suspended the additional requirements and reopened deportation proceedings in those cases in which asylum applications had been rejected for failure to comply with them. The district court dismissed the action as moot, but awarded fees to plaintiffs under the Equal Access to Justice Act (EAJA). The government appeals, raising no issues under EAJA but arguing the district court was without power to award fees because it lacked jurisdiction over the underlying action. We affirm.

I.

An INS regulation ( 8 C.F.R. § 208.2 ) requires asylum applicants to complete form 1-589, which calls for personal data regarding the applicant and conclusory recitations disclosing the basis for the application. In addition Immigration Judge Daniel required applicants to submit an affidavit setting forth in detail the specific factual basis of their claim, affidavits of witnesses or written offers of proof signed by counsel reflecting the…