Gahagan v. USCIS, No. 16-30882, 2016 WL 7240202 (5th Cir. Dec. 14, 2016) (per curiam)

Gahagan v. USCIS, No. 16-30882, 2016 WL 7240202 (5th Cir. Dec. 14, 2016) (per curiam)

Re: Request for receipt confirming requester's client's previous filing of form with USCIS

Disposition: Affirming district court's denial of requester's motion for attorney fees

• Attorney Fees, Entitlement: The Court of Appeals for the Fifth Circuit holds that "[t]he district court thoroughly and properly considered each of the four relevant factors." "It found the first and last factors to favor USCIS and the second and third factors to favor [the requester]." "Having reviewed the parties' arguments and relevant portions of the record, [the court] cannot find that the district court abused its discretion in analyzing or weighting these factors, or in determining that, under the circumstances, [the requester] was not entitled to attorney's fees." The court also rejects the requester's argument "that 2007 amendments to the Open Government Act . . . abrogate this long-standing approach."