OCAHO Practice Manual ch. 7.5

(a) Generally

Pursuant to 5 U.S.C. § 504, a prevailing respondent may receive an award of attorney’s fees in cases under INA §§ 274A and 274C.

(b) Application

A prevailing respondent seeking attorney’s fees must file an application with the Administrative Law Judge (ALJ).  Any application for attorney’s fees must be accompanied by an itemized statement from the attorney or representative stating the actual time expended and the rate at which fees and other expenses were computed.

(c) Standard

An award of attorney’s fees will not be made if the ALJ determines that the complainant’s position was substantially justified, or that special circumstances make the award unjust.