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ARONOV v. CHERTOFF

No. 07-1588.

536 F.3d 30 (2008)

Alexandre ARONOV, Plaintiff, Appellee, v. Michael CHERTOFF, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided August 1, 2008.

Attorney(s) appearing for the Case

Surell Brady, Trial Attorney, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, with whom Peter D. Keisler, Assistant Attorney General, Thomas H. Dupree, Jr., Deputy Assistant Attorney General, and Donald E. Keener, Deputy Director, were on brief, for appellant.

Gregory Romanovsky, with whom the Law Office of Boris B. Maiden was on brief, for appellee.

Before LYNCH, Chief Judge, TASHIMA, Circuit Judge, and LIPEZ, Circuit Judge.

LIPEZ, Circuit Judge.

We address in this case whether appellee Alexandre Aronov is entitled to attorney's fees from the government under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. The act provides that a court shall award fees and expenses to a prevailing party in a civil action against the United States unless the court finds that the position of the government was substantially justified or that other circumstances make an award unjust.

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