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FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARTIK SARGSYAN and KRISTINE
SARGSYAN,
Petitioners,
v.
ERIC H. HOLDER, JR., Attorney
General,
Respondent.
No. 08-72040
Agency Nos.
A078-249-396
A078-364-947
ORDER
Filed May 9, 2013
Before: Jerome Farris, John T. Noonan, and
Jay S. Bybee, Circuit Judges.
ORDER
The motion for attorney’s fee is DENIED. The
government’s position was substantially justified.
NOONAN, Circuit Judge, concurring:
I concur because the statute is clear. I regret the result.
An able and experienced lawyer who devoted substantial time
to aid persons threatened with deportation is denied
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SARGSYAN V. HOLDER 2
remuneration for her services. At the very least, we should be
able to postpone a decision on the fees until the conclusion of
the case. The EAJA does not work well when it compels a
court to cut off compensation of careful and effective
advocacy.
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