E.D. California cuts immigration fee award 13.3% over clerical work

What happened

The fee applicant sought $3,098 in attorney fees under the Equal Access to Justice Act in an immigration case. The magistrate judge recommended awarding $2,685.55, a reduction of $412.45, or 13.3%. The reduction reflected the court's finding that tasks performed by a legal assistant were clerical in nature and therefore not recoverable under the EAJA. The figures do not include costs.

What the court said

because the undersigned finds that the tasks performed by the legal assistant are "clerical" in nature, the undersigned finds they are not recoverable under EAJA

Why it matters

The ruling shows that courts separate clerical tasks from legal work when reviewing time records on a fee petition, and that entries describing clerical tasks may be excluded from an EAJA award even when the overall request is modest.

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 E.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.