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O Centro Espirita Beneficente Unio Do Vegs in U.S. v. Duke

Citation: 343 F. Supp. 3d 1050Docket: No. CIV 17-1137 JB/KK

Court: District Court, D. New Mexico; October 25, 2018; Federal District Court

Narrative Opinion Summary

This case involves a federal lawsuit filed by a religious organization and its members against a federal agency, challenging the denial of a religious worker visa under RFRA. The Plaintiffs sought a preliminary injunction to prevent the enforcement of a regulation requiring compensation for religious workers, arguing it violated their religious freedoms. The court granted the injunction, finding that the Plaintiffs had a high likelihood of success and would suffer irreparable harm without relief. In the subsequent litigation, the Plaintiffs moved for attorneys' fees and costs under 42 U.S.C. § 1988, claiming reasonable rates based on market conditions and the complexity of the case. The court partially granted the motion, awarding $54,560.46 in fees and costs after adjustments for paralegal services and non-compensable expert fees. The decision to award fees included consideration of the compensability of administrative work necessary for litigation success and the reasonableness of the hourly rates claimed by the attorneys. The court emphasized the importance of providing adequate documentation to support fee claims, ultimately finding the Plaintiffs were entitled to substantial relief consistent with their RFRA claims.

Legal Issues Addressed

Attorneys' Fees Under 42 U.S.C. § 1988

Application: The court awarded attorneys' fees, adjusting for paralegal fees and costs, and considering the prevailing market rate and the reasonableness of the requested fees.

Reasoning: The Court partially granted the Motion, awarding a total of $54,560.46, which includes adjustments: a reduction in paralegal fees by $1,230.00 and costs by $510.63, along with application of the gross receipts tax at $3,982.98.

Compensability of Administrative Work

Application: The court recognized the compensability of administrative work necessary for litigation, even if optional, under specific circumstances.

Reasoning: They assert that even optional pre-litigation administrative work is compensable if it meets this standard.

Preliminary Injunction Standards

Application: The court granted a preliminary injunction, determining that the Plaintiffs had a strong chance of success under RFRA, would suffer irreparable harm, and the injunction was not contrary to public interest.

Reasoning: The Court issued an injunction mandating that the Defendants reconsider the Plaintiffs' R-1 petition without applying the compensation requirement from 8 C.F.R. 204.5(m)(10), which the Court found likely violates the Religious Freedom Restoration Act (RFRA).

Reasonable Hourly Rates for Legal Services

Application: The court evaluated the reasonableness of the hourly rates for attorneys and paralegals based on market rates and the attorneys' expertise.

Reasoning: The Court finds Mr. Vrapi’s proposed fee of $350.00 per hour reasonable based on his qualifications, market comparisons, and past court awards, and thus awards him a total of $37,905.00.

Religious Freedom and Restoration Act Exemption

Application: The Plaintiffs sought a RFRA exemption for a religious worker visa, challenging USCIS's compensation requirement as violating their religious tenets.

Reasoning: UDV had previously secured successful petitions for Garcia's visa, which implicitly included RFRA exemptions due to their religious tenets opposing minister compensation.