ABELA v. GUSTAFSON

No. 87-5658.

888 F.2d 1258 (1989)

Severino ABELA, et al., Petitioners-Appellees, v. Ernest GUSTAFSON, et al., Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 6, 1989.


Attorney(s) appearing for the Case

Michael C. Johnson, Sp. Asst. U.S. Atty., Los Angeles, Cal., for respondents-appellants.

Philip D. Abramowitz, Korenberg, Deutsch & Abramowitz, Encino, Cal., for petitioners-appellees.

Before NELSON and BOOCHEVER, Circuit Judges, and BROWNING, District Judge.


NELSON, Circuit Judge:

This appeal concerns the right of petitioners for naturalization to receive attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, when the government actively opposes the petition. We hold that the EAJA applies to contested petitioners for naturalization.

Appellees are sixty-nine petitioners for naturalization, the majority of whom are Filipino veterans of World War II who sought American citizenship based...

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