Zulema De La Garza Perales, Cross-Appellants v. Richard Casillas, Cross-Appellees

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that immigration practice, unlike patent prac- tice, is not a specialty for the purpose of awarding an enhanced rate
• explaining that the “American rule” permits a fee award when the losing party acted “ ‘in bad faith, vexatiously, wantonly, or for oppressive reasons’ ” (internal citation omitted)
• holding cost-of-living adjustments under the EAJA must be made to reflect the appropriate rate in the year in which the services were rendered
• reasoning that “the normal delay attendant on litigation of a fee request can hardly be called a ‘special factor’”
• holding district court “erred in applying [the] current cost-of-living adjustment to all hours”
• “[C]ost-of-living compensation of attorneys under the EAJA merely for the delay in payment is a prohibited award of interest against the United States.”

Source: CourtListener parenthetical corpus (CC0).