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CABONELL v. I.N.S.

No. 03-56809.

429 F.3d 894 (2005)

Abraham Movida CARBONELL; Nena Carbonell; Quenie Carbonell, Plaintiffs-Appellants, v. IMMIGRATION AND NATURALIZATION SERVICE; Lori Scialabba, Chairman of the BIA in her official capacity; Jane Arellano, Acting District Director of the Los Angeles Office of the INS in her official capacity; Kevin R. Rooney, Director of the Executive Office of Immigration Review in his official capacity; Michael Garcia, Commissioner of the Ins; Alberto R. Gonzales, Attorney General, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 18, 2005.

Attorney(s) appearing for the Case

Peter R. Afrasiabi, Esq., Turner Green Afrasiabi & Arledge, Attorney for the appellants.

Frank Travieso, Assistant United States Attorney, Los Angeles, CA, for the appellees.

Before DONALD P. LAY, REINHARDT, and THOMAS, Circuit Judges.

REINHARDT, Circuit Judge.

Abraham Carbonell 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) (2005). Carbonell contends that he qualifies as a "prevailing party" under EAJA because he obtained a court order incorporating a voluntary stipulation which awarded him a substantial portion of the relief he sought. We conclude that the court order materially altered...

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