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ZHENG v. ASHCROFT

No. 02-73656.

383 F.3d 919 (2004)

Xuan Li ZHENG, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

September 3, 2004.

Attorney(s) appearing for the Case

Brian Conry, Esq., Portland, OR, for Petitioner.

Regional Counsel, Western Region, Immigration & Naturalization Service, Laguna Niguel, CA, Ronald E. LeFevre, Chief Legal Officer, Office of the District Counsel, District Counsel, Office of the District Counsel, Portland, OR, Linda S. Wernery, Esq., DOJ-U.S. department of Justice, Washington, DC, for Respondent.

Before GOULD, PAEZ, Circuit Judges, and SILVER, District Judge.

ORDER

Petitioner Zheng moved on July 1, 2004, for an award of attorney's fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d). Respondent, the federal government, argues that the motion is untimely and must be dismissed. We agree that the motion is untimely, but for reasons explained below, we deny the motion rather than dismissing it.

After a "final judgment," a petitioner has thirty days to file a motion for attorney's fees...

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