Iqbal v. Holder
2012 U.S. App. LEXIS 17681
10th Cir.2012Background
- Iqbal, a Pakistani native, sought U.S. citizenship; his naturalization application was pending due to FBI background checks.
- USCIS denied his application on Sept. 13, 2010 for not meeting physical presence requirements.
- Iqbal filed a § 1447(b) petition in district court seeking jurisdiction, meriting merits review or remand to USCIS.
- District court concluded exclusive jurisdiction vested in district court and remanded to USCIS for merits evaluation.
- Remand order instructed USCIS to determine merits; no date-certain naturalization order was issued.
- Iqbal ultimately obtained citizenship on Aug. 26, 2011; EAJA fee motion was denied for lack of prevailing party status.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Iqbal is a prevailing party under EAJA | Iqbal asserts remand constitutes relief; victory on merits insufficient. | Remand without merit adjudication or judicially enforceable change cannot be prevailing. | Iqbal not a prevailing party; remand alone insufficient for fees. |
| Whether Buckhannon governs EAJA prevailing-party standard | Buckhannon should not control EAJA; catalyst theory aligns with public-interest goals. | Buckhannon applies to EAJA as a broad interpretation of prevailing party. | Buckhannon applies to § 2412(d)(1)(A). |
| Whether Kopunec supports prevailing-party status | Kopunec shows judicial victories can confer fees despite limited merits relief. | Kopunec is distinguishable; not controlling for remand-only actions. | Kopunec is consistent with Buckhannon and does not support prevailing party here. |
| Whether the remand order provided judicial imprimatur | Remand effected a victory by avoiding mootness and forcing reconsideration. | Remand lacked order to adjudicate merits by a date; no enforceable merits outcome. | Remand did not confer prevailing-party status. |
Key Cases Cited
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health & Human Resources, 532 U.S. 598 (Supreme Court 2001) (prevailing party requires judicially sanctioned change in legal relationship)
- Kopunec v. Nelson, 801 F.2d 1226 (10th Cir. 1986) (preliminary relief can confer prevailing-party status when judicially sanctioned)
- Al-Maleki v. Holder, 558 F.3d 1200 (10th Cir. 2009) (remand with date-certain naturalization can justify EAJA award)
- Biodiversity Conservation Alliance v. Stem, 519 F.3d 1226 (10th Cir. 2008) (remand relief must entitle enforcement of merits to qualify as prevailing)
- Scherer v. United States, 88 F. App’x 316 (10th Cir. 2004) (unpublished; applies Buckhannon interpretation to EAJA)