7.6 - Attorney’s Fees in Cases Under Immigration and Nationality Act (INA) § 274B

(a) Generally

The Administrative Law Judge (ALJ) may allow a prevailing party (other than the United States) a reasonable attorney’s fee in cases under INA § 274B.

(b) Application

A prevailing party seeking attorney’s fees must file an application with the ALJ.  Any application for attorney’s fees must be accompanied by an itemized statement from the attorney or representative stating the actual time expended and the rate at which fees and other expenses were computed.

(c) Standard

An award of attorney’s fees may be made if the losing party’s argument is without reasonable foundation in law and fact.