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Keywords

plaintiffdefendantattorneyvisadeportationnaturalization
plaintiffdefendantattorneyvisadeportationnaturalization

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Rico-Sorio v. Immigration and Naturalization Service

Facts

Rico-Sorio, a Mexican citizen living illegally in the U.S., married an American citizen and became eligible to apply for permanent resident status. An immigration judge found him deportable but allowed him to leave voluntarily within sixty days. After a series of bureaucratic issues with the INS regarding his visa petition, Rico-Sorio was notified of his deportation. He filed an action seeking to restrain the INS from deporting him and to extend his voluntary departure date while his visa petition was processed. The court granted a temporary restraining order but ultimately denied his request for injunctive relief.

Rico-Sorio, a Mexican citizen living illegally in the U.S., married an American citizen and became eligible to apply for permanent resident status. An immigration judge found him deportable but allowed him to leave voluntarily within sixty days. After a series of bureaucratic issues with the INS regarding his visa petition, Rico-Sorio was notified of his deportation. He filed an action seeking to restrain the INS from deporting him and to extend his voluntary departure date while his visa petition was processed. The court granted a temporary restraining order but ultimately denied his request for injunctive relief.

Issue

Whether Rico-Sorio was a 'prevailing party' under the Equal Access to Justice Act for the purposes of awarding attorney fees.

Whether Rico-Sorio was a 'prevailing party' under the Equal Access to Justice Act for the purposes of awarding attorney fees.

Rule

To be considered a 'prevailing party' under the Equal Access to Justice Act, a plaintiff must prevail on the merits of at least some of their claims.

To be considered a 'prevailing party' under the Equal Access to Justice Act, a plaintiff must prevail on the merits of at least some of their claims.

Analysis

The court analyzed whether Rico-Sorio had prevailed in his action against the INS. It concluded that while the temporary restraining order prevented immediate deportation, it did not resolve any substantive issues of the case. The court emphasized that merely preserving the status quo does not equate to prevailing on the merits, and thus Rico-Sorio did not meet the criteria for being a 'prevailing party.'

The court analyzed whether Rico-Sorio had prevailed in his action against the INS. It concluded that while the temporary restraining order prevented immediate deportation, it did not resolve any substantive issues of the case. The court emphasized that merely preserving the status quo does not equate to prevailing on the merits, and thus Rico-Sorio did not meet the criteria for being a 'prevailing party.'

Conclusion

The court denied the petition for attorney fees, concluding that Rico-Sorio had not prevailed on the merits of his case.

The court denied the petition for attorney fees, concluding that Rico-Sorio had not prevailed on the merits of his case.

Who won?

Defendant (U.S. Immigration & Naturalization Service) prevailed because the court found that the plaintiff did not meet the criteria for being a 'prevailing party' under the Equal Access to Justice Act.

Defendant (U.S. Immigration & Naturalization Service) prevailed because the court found that the plaintiff did not meet the criteria for being a 'prevailing party' under the Equal Access to Justice Act.

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