Cody v. Caterisano, 09-2166

Denial of attorney fees under the Equal Access to Justice Act

Cody v. Caterisano, 09-2166, concerned an Irish national's petition for attorneys' fees under the Equal Access to Justice Act, arguing that the Government's position was not substantially justified because United States Citizenship and Immigration Services (USCIS) was required to adjudicate his application within 120 days under 8 U.S.C. section 1447(b) and 8 C.F.R. section 310.5(a), and that USCIS was obligated to accept the Navy's Form N-426 certification as conclusive evidence that he served on active-duty status.


In affirming the district court's denial of the request, the court held that the district court did not abuse its discretion in deciding that the Government's position was substantially justified as the Government made reasonable arguments based on statutory interpretation and analogous cases.  Further, the court rejected plaintiff's alternative argument that the district court did not sufficiently explain its reasons for finding the Government's position to be substantially justified. 

Related Link:

• Read the Fourth Circuit's Full Decision in Cody v. Caterisano, 09-2166