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LIZARDI v. WILKINSON

No. 18-72576.

986 F.3d 1294 (2021)

Benjamin LIZARDI, Petitioner, v. Robert M. WILKINSON, Acting Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Amended February 10, 2021.

Attorney(s) appearing for the Case

Rodrigo I. Canido , LORIC Law Firm, Mountain View, California, for Petitioner.

Jeffrey Bossert Clark , Acting Assistant Attorney General; Keith I. McManus , Assistant Director; Rosanne M. Perry , Trial Attorney; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Before: THOMAS, Chief Judge, and SCHROEDER and BERZON, Circuit Judges.

AMENDED ORDER

The respondent's motion to stay proceedings is DENIED. The respondent's motion for an extension of time to respond to petitioner Lizardi's motion for attorney's fees is GRANTED. The response to the motion for fees is due February 25, 2021.

Lizardi's motion for attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(B), is not premature. Under the EAJA, the deadline...

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