Perez-Arellano v. Smith

279 F.3d 791 Jose PEREZ-ARELLANO, Plaintiff-Appellant, v. Ronald J. SMITH, * District Director U.S. Immigration & Naturalization Service; John Ashcroft, ** Attorney General of the United States, Defendants-Appellees. No. 00-35553. United States Court of Appeals, Ninth Circuit. Submitted January 9, 2002. *** Filed February 1, 2002. Amended February 21, 2002. Brent W. Renison, Parker, Bush & Lane, P.C., Portland, Oregon, for the plaintiff-appellant. Craig J. Casey, Assistant United States Attorney, Portland, Oregon, for the defendants-appellees. Appeal from the United States District Court for the District of Oregon, Ancer L. Haggerty, District Judge, Presiding. Before: THOMAS, GRABER and GOULD, Circuit Judges. OPINION GOULD, Circuit Judge. 1 Jose Perez-Arellano appeals the district court's denial of his petition for attorney's fees and costs under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412 (d)(1)(A). His petition was filed after the district court granted the parties' joint motion for dismissal of Perez-Arellano's action, which sought review of the Immigration and Naturalization Service's ("INS") denial of his application for naturalization. The INS…