Saturday, December 22, 2018
Gahagan v. USCIS, 911 F.3d 298 (5th Cir. 2018) (Oldham, J.)
Re: Request for records concerning requester's client's removal proceedings
Disposition: Affirming the district court's denial of requester's motion for attorney fees
- Attorney Fees: The Court of Appeals for the Fifth Circuit "hold[s] pro se attorneys are ineligible for fee awards under FOIA." The court relates that the requester "made each request in his own name." The court "note[s] [that] FOIA's text supports the result precedent commands." The court explains that "[b]ecause [the requester] had no legal obligation to pay himself, he did not 'incur' any attorney fees under the general rule."
Court of Appeals
Updated February 8, 2019