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IBRAHIM v. U.S. DEPT. OF HOMELAND SEC.

Nos. 14-16161 14-17272.

835 F.3d 1048 (2016)

Dr. Rahinah IBRAHIM, an individual, Plaintiff-Appellant, v. U.S. DEPARTMENT OF HOMELAND SECURITY; Jeh Johnson, in his official capacity as the Secretary of the Department of Homeland Security; Terrorist Screening Center; Christopher M. Piehota, in his official capacity as Director of the Terrorist Screening Center; Federal Bureau of Investigation; James Comey, in his official capacity as Director of the Federal Bureau of Investigation; Loretta E. Lynch, Attorney General, in her official capacity as Attorney General; Andrew G. McCabe, in his official capacity as Executive Assistant Director of the FBI's National Security Branch; National Counterterrorism Center; Nicholas Rasmussen, in his official capacity as Director of the National Counterterrorism Center; Department of State; John Kerry, in his official capacity as Secretary of State; United States of America, Defendant-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 30, 2016.

Attorney(s) appearing for the Case

Marwa Elzankaly (argued), Jennifer Murakami , Ruby Kazi , Christine Peek , Elizabeth Pipkin , and James McManis , McManis Faulkner , San Jose, California, for Plaintiff-Appellant.

Joshua Waldman (argued) and Sharon Swingle , Attorneys, Appellate Staff; Melinda Haag , United States Attorney; Benjamin C. Mizer , Principal Deputy Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C., for Defendants-Appellees.

Chet A. Kronenberg and JoAnne S. Jennings , Simpson Thacher & Bartlett LLP, Los Angeles, California, for Amici Curiae American Civil Liberties Union of California, Asian Americans Advancing Justice-Asian Law Caucus, Asian Americans Advancing Justice-Los Angeles, Center for Constitutional Rights, Electronic Frontier Foundation, and National Immigration Law Center.

Before: Richard R. Clifton and Sandra S. Ikuta, Circuit Judges, and Royce C. Lamberth, Senior District Judge.

OPINION

Plaintiff-Appellant Dr. Rahinah Ibrahim appeals the district court's award of attorney's fees and expenses pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412 and the Supreme Court's decision in Hensley v. Eckerhart, 461 U.S. 424, 103...

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