TAFOYA

v.

NEW MEXICO

Citator

Cited By

• Kenyeres v. Ashcroft, 538 U.S. 1301 (U.S. 2003)
  …erest” (quoting Sofinet v. INS, 188 F. 3d 703, 706 (CA7 1999))); Mohammed, supra, at 101 (“‘a substantial possibility, although less than a likelihood, of success’ ” (quoting Dubose v. Pierce, 761 F. 2d 913, 920 (CA2 1985), vacated on other grounds, 487 U. S. 1229 (1988))). The courts on each side of the split have considered the contrary opinions of their sister Circuits and have adhered to their own expressed views. See Weng, supra, at 1337, n. 2; Mohammed, supra, at 98-99. Both standards have been a subje…
• Price v. Int'l Union, 927 F.2d 88 (2d Cir. 1991)
  …at 2657. The Court, however, expressly declined to rule on the state action issue. Id. at 761, 108 S.Ct. at 2656. After the decision in Beck, the Supreme Court vacated this Court’s judgment and remanded it for further consideration in light of Beck. 487 U.S. 1229, 108 S.Ct. 2890, 101 L.Ed.2d 924 (1988). This Court in turn remanded the matter to the district court for the same purpose. On remand, the district court, Dorsey, J., denied appellants’ resubmitted motion for a preliminary injunction and found that…
• Clair S. Huffman v. Commissioner OF Internal Revenue, 978 F.2d 1139 (9th Cir. 1992)
  …underlying proceedings ... the petitioner will almost always, if not always, be entitled to fees for litigation over an EAJA fee petition if she is entitled to fees for the underlying litigation;” (vacated on other grounds sub nom. Bowen v. Russell, 487 U.S. 1229, 108 S.Ct. 2891, 101 L.Ed.2d 925 (1988)). It cannot be determined whether the Tax Court correctly applied these principles in awarding fees for only one-fifth of the alleged time spent to recover fees. We therefore reverse and remand for the determ…