Make the Government Pay! Recovering Attorney Fees in Federal Litigation
| Live Event Date: 10/29/2024 | ||
|---|---|---|
| Format | Length | CLE Eligible |
| Web Seminar | 90 min. | Yes |
When can you make the government pay your attorney fees for a federal court case? How difficult is this to accomplish? If you win a Freedom of Information Act (FOIA) case, or a reversal of the Board of Immigration Appeals (BIA), can you recuperate fees from the government? The answer is “yes,” and our panel of experts will tell you how.
Featured Topics:
- FOIA: What are the requirements for recovering attorney fees from the government?
- When are you a “prevailing party”?
- Are you “eligible?” Are you also “entitled?”
- Equal Access to Justice Act (EAJA): When can you get attorney fees?
- Asylum cases at U.S. Circuit Courts of Appeals
- Special paragraphs in your retainer agreement
- Keeping time records and sufficient billing entries
- How do you determine your hourly rate?
AILA Membership Benefit – Access to Free Seminar Recordings (CLE Credit Available for $35)
Enjoy access to free seminar recordings (from October 2020–present) as an AILA Member. AILA encourages live attendance for those wishing to ask the speaker questions. CLE credit is included with purchase for live participants.
Recordings will be available approximately two weeks after the live event date. AILA members can access these seminars, with no CLE credit, for free. Recordings are CLE eligible in most jurisdictions and an administration fee is required to obtain CLE credit.
Contact us at cle@aila.org or visit AILA’s Web Seminar Recordings page for more information about receiving CLE credit for a web seminar recording.
Eligible participants can receive up to 1.8 CLE credit hours. AILA will administer CLE credit only to individuals who register and log into the web seminar. AILA cannot verify your attendance and participation in this program unless you register directly for the web seminar and use your name to log in to participate in the program. Therefore, persons who log in or listen in on the web seminar as part of a group will not be able to obtain CLE credit.
Please note that your jurisdiction may limit the amount of distance learning credit you can earn. To view details on your jurisdiction's credit restrictions and CLE requirements, visit the CLE Center.
AILA has filed for CLE and specialized credit in all jurisdictions with mandatory CLE requirements. For details about specific approvals, contact us at cle@aila.org.
- AILA applies for accreditation upon attorneys’ request after participation for the following states: AR, DE, IA, ID, KS, KY, LA, ME, MN, MS, OR, TN and WY. Programs are typically approved.
- Florida and Rhode Island - Attorneys must apply on their own for approval of seminars in FL and RI. Programs are typically approved.
- The OnDemand Recording format does not qualify for CLE credit in the following jurisdictions: MO and PR. Please note that your jurisdiction may limit OnDemand credit based on the date of the original presentation. View the OnDemand Downloadable Expiration Chart for more details.
To receive CLE credit for the live event, attorneys must record web seminar attendance and the CLE code provided within one week of the web seminar date via webCLE.
Contact us at cle@aila.org or visit AILA’s Web Seminar Recordings page for more information about receiving CLE credit for a seminar recording.
Robert Pauw (DL), AILA Author, Litigating Immigration Cases in Federal Court, 6th ed., Seattle, WA
Robert Pauw is a partner in the Seattle law firm of Gibbs Houston Pauw and a cooperating attorney with the Center for Gender and Refugee Studies. He has practiced immigration law since 1987, specializing in immigration-related litigation. He taught immigration law at Seattle University for over 25 years, and is the author of Litigating Immigration Cases In Federal Court (7th ed. forthcoming). He has received AILA’s Jack Wasserman Award for Excellence in Litigation.
Rex Chen, AILA Federal Court Litigation Online Course Committee Co-Chair, New York, NY
Rex Chen (he/him) is the Immigration Director for Legal Services NYC, the largest civil legal services provider in the country. LSNYC sued EOIR in 2020 about how NYC Immigration Courts’ filing deadlines unreasonably ignored Covid risks and created a practice advisory for seeking continuances due to Covid risks. Rex is Asian-American, Taiwanese-American, and made an activist video about a Chinese immigrant wrongly convicted of murder. He is a national expert on suppression motions to challenge illegal ICE raids and racial profiling and helped create a Facebook group for BIPOC immigrant advocates.
David L. Cleveland, Washington, D.C.
David L. Cleveland is a solo practitioner, specializing in asylum and the Freedom of Information Act. He has obtained asylum or withholding for people from 48 countries, and was Chair of the AILA Asylum Committee, 2004-2005. He is a pro bono counsel for the Louise Trauma Center LLC. David received his JD from Case Western Reserve University (1975).
Raul Pinto, Deputy Legal Director, American Immigration Council, Washington, D.C.
Raul Pinto is the Deputy Legal Director for Transparency at the American Immigration Council. He leads the Council’s government transparency work, which includes transparency-related litigation, publication of best practice materials, and advocacy. His work focuses on promoting transparency in the field of immigration by uncovering agency records through the Freedom of Information Act (FOIA) that will advance litigation, advocacy, and research efforts in support of the Council’s mission. In this role, he also supports litigators, open-government organizations, and other advocates to strengthen collaboration among entities involved in transparency in the immigration space. Previously, Raul was a Senior Attorney with the North Carolina Justice Center representing low-income immigrants at all stages of their immigration journey. Before that, he was a staff attorney at the ACLU of North Carolina. Raul holds a JD from City University of New York School of Law and a BA from Rutgers University.