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VAN DINH v. RENO

No. 98-1312.

197 F.3d 427 (1999)

Tuong Huan VAN DINH; Oscar Garcia-Perez; Meseret Antanaw Wassie; Benigno Palaganas-Suarez; Loi Nguyen; Juan Cisneros; Celeste Ferguson; Jane Doe and John Doe as Unnamed Detainees at WCC/INS, individually, and on behalf of all other persons similarly situated, Plaintiffs-Appellants, v. Janet RENO, Attorney General, United States of America, in her official and individual capacities; Joseph Greene, District Director, United States Immigration and Naturalization Service, Denver, Colorado, in his official and individual capacities, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 18, 1999.

Attorney(s) appearing for the Case

Jim Salvator, Lafayette, Colorado, for Plaintiffs-Appellants.

Linda A. McMahan, United States Attorney, and Michael E. Hegarty, Assistant U.S. Attorney, Denver, Colorado, and David J. Kline, Deputy Director, and William J. Howard, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for Defendants-Appellees.

Before TACHA, McKAY, and MURPHY, Circuit Judges.

McKAY, Circuit Judge.

Plaintiffs-appellants appeal from the district court's denial of attorney's fees and costs for which they applied pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(A).1 Our jurisdiction arises under 28 U.S.C. § 1291. Because we conclude that the district court lacked subject matter jurisdiction over appellants' underlying Bivens2 class action ...

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