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PEREZ v. JADDOU

No. 21-1353.

31 F.4th 267 (2022)

Felipe Perez PEREZ, Plaintiff-Appellant, v. Ur Mendoza JADDOU, Director, United States Citizenship and Immigration Services, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 12, 2022.

Attorney(s) appearing for the Case

ARGUED: Geoffrey Forney , WASDEN BANIAS LLC, Charleston, South Carolina, for Appellant. Sheetul S. Wall , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. ON BRIEF: Brad Banias , WASDEN BANIAS LLC, Charleston, South Carolina, for Appellant. Brian Boynton , Acting Assistant Attorney General, William C. Peachey , Director, Jeffrey S. Robins , Deputy Director, District Court Section, Office of Immigration Litigation, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

Affirmed by published opinion. Judge Wilkinson wrote the opinion, in which Judge King and Judge Quattlebaum joined.

After prevailing against the government in en banc proceedings, Felipe Perez Perez moved for attorney's fees under the Equal Access to Justice Act. The district court declined to award fees, holding that the government's position was substantially justified. Finding no abuse of discretion in that decision, we affirm.

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