EAJA Awards

Agency Agency subcomponent Name Award date Award amount Awardees Claims description Finding basis Actions
U.S. Department of Justice, U.S. Department of Homeland Security... Federal Bureau of Investigation, National Counterterrorism Cente... Rahinah Ibrahim v. Department of Homeland Security, et al.
$ 4,462,156
Rahinah Ibrahim The underlying litigation arose out of Plaintiff’s mistaken placement on the No Fly List.  Plaintiff prevailed in part following a bench trial and sought attorneys’ fees and expenses under EAJA.  Plaintiff asserted that she was entitled to attorneys' fees under 28 U.S.C. § 2412(b) or, alternatively, under 28 U.S.C. § 2412(d). Regarding § 2412(d), the district court found that the government’s position was not “substantially justified” in certain respects and awarded fees and expenses, but significantly less than Plaintiff had requested.  However, the district court denied Plaintiff’s request for bad faith fees under § 2412(b).  On appeal, the en banc Ninth Circuit ruled that the district court erred it its approach to determining substantial justification, and the en banc Ninth Circuit made its own substantial justification determination.  In this regard, the en banc Ninth Circuit, among other things ruled that “[t]he district court correctly concluded that the government’s litigation position—to defend the indefensible, its No Fly list error—was not reasonable.  As the district court stated, ‘[t]he government’s defense of such inadequate due process in [Plaintiff’s] circumstance— when she was concededly not a threat to national security--was not substantially justified.’”  In addition, the en banc Ninth Circuit held that the district court erred in determining that the government had not engaged in bad faith conduct. Show
U.S. Department of Commerce Census Bureau (CEN) New York Immigration Coalition, et al. v. U.S. Dept of Commerce, et al.
$ 2,550,000
New York Immigration Coalition; Casa de Maryland; American-Arab Anti-Discrimination Committee; ADC Research Institute; Make The Road New York Reinstatement of decennial census question not in accordance with law Settlement Agreement for attorneys fees at significant discount from original fee claims with costs paid by Department of Justice Show
U.S. Department of Commerce Census Bureau (CEN) Robyn Kravitz, et al. v. U.S. Dept of Commerce, et al.
$ 2,200,000
Diana Alexander; Lauren Rachel Berman; Sarah Bryan; Alejandro Chavez; Virginia Garcia; Michael Kagan; Robyn Kravitz; Michael Kravitz; Yamile Labori; Lazara Yoelvis Magadan; Richard McCune; Jose Moreno; Catherine Nwosu; Nnabugwu Nwosu; Linda Rivas; T. Carter Ross; Martha Sanchez; Sonia Casarez Shafer; Joanne Wilson Reinstatement of decennial census question not in accordance with law Settlement Agreement for attorneys fees at significant discount from original fee claims with costs paid by Department of Justice Show
U.S. Department of Justice, U.S. Department of Homeland Security... U.S. Immigration and Customs Enforcement, U.S. Citizenship and I... Saravia v. Garland, et al.
$ 1,950,000
Plaintiff’s counsel (1) American Civil Liberties Union (ACLU) Foundation of Northern California; (2) Cooley LLP; (3) ACLU Foundation Immigrants’ Rights Project; (4) New York Civil Liberties Union Foundation; and (5) Law Offices of Holly S. Cooper The three named plaintiffs in this class action were all unaccompanied alien children who had previously been in the custody of ORR and were released. After release, ICE officers arrested them. Plaintiffs alleged that ICE re-detained them based on their suspected gang ties, but failed to afford them a hearing before an immigration judge. Settlement agreement Show
U.S. Department of Commerce U.S. Census Bureau National Urban League, et al. v. Ross, et al.
$ 1,500,000
National Urban League; League of Women Voters; Black Alliance for Just Immigration; Harris County, Texas; King County, Washington; City of San Jose, California; Rodney Ellis; Adrian Garcia; NAACP; Navajo Nation; City of San Jose; City of Los Angeles; City of Salinas; City of Chicago; Gila River Indian Community; County of Los Angeles Defendants’ conduct related to the 2020 decennial census violated the Enumeration Clause of the United States Constitution and the Fourteenth Amendment to the United States Constitution, and the Administrative Procedure Act Settlement Agreement for attorneys fees at significant discount from original fee claims with costs paid by Department of Justice Show
U.S. Department of Commerce U.S. Census Bureau (CEN) City of San Jose and Black Alliance for Just Immigration v. U.S. Dept of Commerce, et al.
$ 1,400,000
City of San Jose; Black Alliance for Just Immigration Reinstatement of decennial census question not in accordance with law Settlement Agreement for attorneys fees at significant discount from original fee claims with costs paid by Department of Justice Show
U.S. Department of the Interior Bureau of Land Management Oregon Natural Desert Ass'n v. McDaniel (Steen TMP)
$ 1,360,000
Oregon Natural Desert Association Plaintiff challenged Steens Travel Management Plan under NEPA, Federal Land Policy and Management Act, and Steens Act. The District Court upheld Plan. The Ninth Circuit Court of Appeals found that baseline analysis under NEPA was not sufficiently detailed. Show
U.S. Department of Commerce Census Bureau (CEN) La Union Del Pueblo Entero, et al. v. Wilbur L. Ross, et al.
$ 1,318,000
La Union Del Pueblo Entero; Texas Senat Hispanic Caucus; Texas House of Representatives Mexican American Legislative Caucus; Southwest Voter Registration Education Project; California Latino Legislative Caucus; Coalition for Humane Immigrant Rights; Delores Huerta Foundation; Mi Familia Vota Education Fund; somos Un Pueblo Unido; Georgia Association of Latino Elected Officials; Labor Council for Latin American Advancement; Promise Arizona; El Pueblo, Inc.; Maryland Legislative Latino Caucus; Asian Americans Advancing Justice-Chicago; Asian Services in Action, Inc.; Minkwon Center for Community Action Inc.; Chelsea Colaborative; Chicanos Por La Causa; Latino Community Fund of Washington; Arizona Legislative Caucus; California Asian Pacific Islander Legislative Caucus; California Legislative Black Caucus; OCA-Greater Houston; Friendly House; Four Directions, Inc.; Juanita Valdez-Cox; Gene Wu; Mia Gregerson; Cindy Ryu; Sharon Tomiko Santos; Raj Mukherji; Oliver Semans, Sr. Reinstatement of decennial census question not in accordance with law Settlement Agreement for attorneys fees at significant discount from original fee claims with costs paid by Department of Justice Show
U.S. Department of Veterans Affairs Veterans Benefits Administration Nehmer v. U.S. Department of Veterans Affairs
$ 1,204,312
National Veterans Legal Services Program Ongoing class action litigation regarding a group of Vietnam-era veterans and their survivor Settlement agreement Show
U.S. Department of Veterans Affairs Null Nehmer v. U.S. Department of Veterans Affairs
$ 992,324
National Veterans Legal Service Program Class action for Veterans benefits Settlement Agreement Show
U.S. Department of Commerce U.S. Census Bureau (CEN) State of California, et al. v. U.S. Dept of Commerce, et al.
$ 900,000
State of California; Los Angeles Unified School District; City of Oakland Reinstatement of decennial census question not in accordance with law Settlement Agreement for attorneys fees at significant discount from original fee claims with costs paid by Department of Justice Show
U.S. Department of Commerce Bureau of Industry & Security; International Trade Administratio... WeChat Users Alliance, et al. v. Trump and Ross
$ 900,000
Rosen Bien Galvan & Grunfeld, LLP DOC Prohibitions violate the APA; violation of First Amend (Free Speech Cl.); Executive Order violates violat Fifth Amend (Due Process Cl. And Takings Cl.) and is ultra vires; IEEPA violates "Non-Delegation Doctrine." Settlement Agreement for attorneys fees at significant discount from original fee claims with costs paid by Department of Justice Show
U.S. Department of Homeland Security U.S. Citizenship and Immigration Services (CIS) J.L., et al. v. Cuccinelli, et al.
$ 860,871
REDACTED Challenge to the denial of SIJ to applicants who were over 18 but for whom family court appointed guardians. EAJA claim was settled. Show
Other Agency Federal Trade Commission (FTC) LabMD, Inc. v. Federal Trade Commission
$ 843,174
LabMD, Inc. Petition for review of final FTC cease-and-desist order Lack of substantial justification for agency position Show
U.S. Department of the Interior Bureau of Land Management (BLM) Dine Citizens Against Ruining the Environment v. Bernhardt
$ 791,710
Kyle Tisdel Plaintiffs alleged violations of the National Environmental Policy Act (“NEPA”), 42 U.S. C. §§ 4321 et seq., and its implementing regulations, made reviewable pursuant to the Administrative Procedure Act (“APA”), 5 U.S.C. §701 et seq. Plaintiffs filed a motion for preliminary injunction on May 11, 2015. The Tenth Circuit vacated certain oil and gas drilling decisions of the BLM for failure to comply with NEPA. Show