ZAMBRANO v. I.N.S.

No. 00-16191.

282 F.3d 1145 (2002)

Marta ZAMBRANO; Margarita Rodriguez; Graciela Lopez; Andrea Ruiz; Martha OZUNA; Jorge Perdoma, Plaintiffs-Appellants, v. IMMIGRATION AND NATURALIZATION SERVICE; Edwin Meese; Alan Nelson, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 7, 2002.


Attorney(s) appearing for the Case

Richard M. Pearl, Berkeley, CA, for appellants.

William J. Howard and Antony W. Norwood, Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., for appellees.

Before: HUG, D.W. NELSON, and HAWKINS, Circuit Judges.


HUG, Circuit Judge.

OVERVIEW

This case presents the question of whether a court can reconsider the issue of subject matter-jurisdiction for purposes of awarding fees under the Equal Access to Justice Act ("EAJA") when the underlying action had previously been dismissed for lack of subject-matter jurisdiction, and that decision has become final. We conclude that it cannot.

Plaintiffs appeal the district court's denial of fees in this class action...

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