BIA Edge

Practitioner resource library

Requesting Attorneys’ Fees Under the Equal Access to Justice Act

This advisory discusses the deadline for filing an EAJA motion and the statutory requirements for eligibility. In addition, the advisory addresses procedural and substantive aspects of filing an EAJA motion, including assignment of fees to counsel and documenting and calculating fees.

National Immigration Project Template motion Mar 23, 2021 Direct PDF available

Why it matters

Useful as a drafting starting point for Evidence / Procedure work in Immigration Judge; adapt the facts, authority, and venue-specific requirements before use.

Topics

Evidence and procedure

Workflows

Immigration court deadline Motions, stays, and pretermission BIA, PFR, and federal court Sample filings and templates

Forums

Immigration court BIA

Jurisdictions

National