S.D. California cuts immigration fee award 48.3%, including for clerical work

What happened

The fee applicant sought $26,125 in attorney fees under the Equal Access to Justice Act for 52.25 hours. The court awarded $13,507.76, a reduction of $12,617.24 or 48.3%. The court allowed a limited enhancement above the statutory rate. It reduced 105 minutes billed as legal work that was clerical in nature, cut billed travel time from 815 minutes to 407.5 minutes at the statutory rate, and billed 530 minutes for preparing the fee motion at the statutory rate.

What the court said

The Court therefore reduces the amount of reasonable time billed by 105 minutes.

The court also reduced the award for: hourly rate reduced, travel time, fees on fees.

Why it matters

The ruling shows that courts will separate clerical tasks from legal work and apply the statutory rate to travel and fee preparation, so time entries must distinguish task types and rates to support the amount requested.

How to keep this out of your fee petition

• Leave purely clerical work off the fee petition.
• Describe paralegal tasks so the substantive work is clear.
• Split mixed entries into their substantive and clerical parts.

Cite this ruling

See hourly rates the S.D. California approves and attorney fee motions in California federal courts.

Figures and quotes are taken from the opinion and checked against its text. Spot an error? Email team@legaltime.ai with the case name and we will correct it. Summaries of public court opinions. Not legal advice.