Ctr. for Immigr. Stud. v. USCIS, No. 26-5037, 2026 U.S. App. LEXIS 26071 (D.C. Cir. Aug. 26, 2026) (per curiam)

Ctr. for Immigr. Stud. v. USCIS, No. 26-5037, 2026 U.S. App. LEXIS 26071 (D.C. Cir. Aug. 26, 2026) (per curiam)

Re: Request for records concerning demographic information of Special Immigrant Juvenile Status applicants, including their current non-immigration status

Disposition:  Affirming district court’s denial of plaintiff’s motion for attorney fees

• Attorney Fees, Eligibility:  The Court of Appeals for the District of Columbia Circuit holds that, “[a]lthough appellant argues in this court that the applicability of the ‘catalyst theory’ is an ‘open legal question,’ . . . appellant forfeited this argument by failing to raise it in the district court.”  “In concluding that appellant was ineligible for an award of attorney’s fees, the district court did not clearly err in finding that appellant failed to show that the institution and prosecution of its FOIA lawsuit caused appellee to release documents.”  “Nor did the district court clearly err in finding that appellant failed to show that the lawsuit caused appellee to accelerate its FOIA response.”  “[The court] thus ‘need not decide whether a “sudden acceleration” of production can, of itself, represent a “change in position” within the meaning of the statute.’”