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PEREZ-ARELLANO v. SMITH

No. 00-35553.

279 F.3d 791 (2002)

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.

United States Court of Appeals, Ninth Circuit.

Filed February 1, 2002.

Amended February 21, 2002.

Attorney(s) appearing for the Case

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.

Before: THOMAS, GRABER and GOULD, Circuit Judges.

OPINION

GOULD, Circuit Judge.

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....

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