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CODY v. CATERISANO

No. 09-2166.

631 F.3d 136 (2011)

Andrew Peter CODY, Midshipman First Class, Petitioner-Appellant, v. Richard CATERISANO, District Director, Baltimore District Office U.S. Citizenship & Immigration Service; Michael Aytes, Acting Director, U.S. Citizenship & Immigration Service; Janet Napolitano, Secretary, U.S. Department of Homeland Security; Eric H. Holder, Jr., Attorney General, U.S. Department of Justice; Rod J. Rosenstein, U.S. Attorney, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: January 13, 2011.

Attorney(s) appearing for the Case

ARGUED: Douglas J. Behr , Keller & Heckman, Washington, D.C., for Appellant. Jason Daniel Medinger , Office of the United States Attorney, Baltimore, Maryland, for Appellees. ON BRIEF: Mary E. Pivec , Keller & Heckman, Washington, D.C., for Appellant. Rod J. Rosenstein , United States Attorney, Baltimore, Maryland, for Appellees.

Affirmed by published opinion. Senior Judge BALDOCK wrote the opinion, in which Chief Judge TRAXLER and Judge WILKINSON joined.

OPINION

BALDOCK, Senior Circuit Judge:

Petitioner Andrew Peter Cody asks us to reverse the district court's denial of his petition for attorneys' fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(a), because the Government's position was not substantially justified or, in the alternative, to remand for the district court to explain its rationale for denying the petition. We have jurisdiction under 28 U.S.C. § 1291 and affirm.<...

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