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Agency Agency subcomponent Name Award date Award amount Awardees Claims description Finding basis Actions
U.S. Department of Homeland Security U.S. Customs and Border Protection Perez-Perez v. Barr
$ 5,500
REDACTED The United States moved for an unopposed remand in the United States Court of Appeals for the Ninth Circuit to permit the immigration judge to consider documents submitted by Mr. Perez-Perez's lawyer. Following remand, counsel filed a claim for attorney's fees and costs pursuant to 28 U.S.C. 2412(b). Settlement Agreement Show
U.S. Department of Homeland Security U.S. Customs and Border Protection Hernandez Ortiz et al. v. Garland
$ 26,061
REDACTED The United States moved for an unopposed remand in the United States Court of Appeals for the Ninth Circuit to permit Petitioners to present their claims in full before the Immigration Judge de novo. Following remand, counsel filed a claim for attorney's fees and costs pursuant to 28 U.S.C. 2412(b). Settlement Agreement Show
U.S. Department of Justice Null United States v. 269 Acres, More or Less, Located in Beaufort County, South Carolina
$ 84,757
William D. Trask, Jr. The United States filed this case in 2016 to impose a permanent restrictive easement over 269.22 acres of land located in Beaufort, South Carolina, which the landowners had owned in fee simple since 1955. The easement restricts land development in the flight path of jets in and out of the adjacent U.S. Marine Corps Air Station. The court found that the government’s pre-litigation actions and litigation positions were not substantially justified because it had taken three different stances on valuation for determination of just compensation for the property. Show
U.S. Department of Homeland Security U.S. Customs and Border Protection Singh v. Garland
$ 8,446
REDACTED The United States Court of Appeals for the Second Circuit held the Board of Immigration Appeals failed to consider relevant facts in relation to Mr. Singh's aslyum and withholding of removal claims. Following remand, counsel filed a claim for attorney's fees and costs pursuant to 28 U.S.C. 2412(b). The United States Court of Appeals for the Second Circuit concluded the government's position was not substantially justified. However, the court denied fees in relation to a seperate petition and for fees accrued during remand proceedings before the Executive Office for Immigration Review. Show
U.S. Department of Homeland Security U.S. Customs and Border Protection Millan-Hernandez v. Barr
$ 20,182
REDACTED The United States Court of Appeals for the Second Circuit held Ms. Milan-Hernandez was entitled to an evidentiary hearing on her motion to suppress evidence in her removal proceeding. The Court remanded the case for the evidentiary hearing. Following remand, counsel filed a claim for attorney's fees and costs pursuant to 28 U.S.C. 2412(b). Settlement Agreement Show
U.S. Department of Homeland Security U.S. Customs and Border Protection Osorio Herrera, et al. v. Garland
$ 4,000
REDACTED The United States Court of Appeals for the Ninth Circuit remanded the petition for review to the Board of Immigration Appeals finding the Immigration Judge's conclusions regarding Petitioner's applications for aslyum and withholding of removal were not supported by substantial evidence. Following remand, counsel filed a claim for attorney's fees and costs pursuant to 28 U.S.C. 2412(b). Settlement Agreement Show
U.S. Department of Homeland Security U.S. Customs and Border Protection Zapata Fornel v. Garland
$ 2,500
REDACTED The United States Court of Appeals for the Ninth Circuit remanded the petition for review to permit the Board of Immigration Appeals to consider whether Petitioner was eligible for aslyum and withholding of removal as a result of her membership in a particular social group. Following remand, counsel filed a claim for attorney's fees and costs pursuant to 28 U.S.C. 2412(b). Settlement Agreement Show
U.S. Department of Homeland Security U.S. Customs and Border Protection Akosung v. Barr
$ 9,329
REDACTED The United States Court of Appeals for the Ninth Circuit held the Board of Immigration Appeals erred in affirming the denial of asylum and related relief because substantial evidence did not support the conclusion that Ms. Akosung could relocate within Cameroon, that her proposed social group lacked social distinction, and that she failed to establish a clear probability of torture with government acquiescence. Following remand, counsel filed a claim for attorney's fees and costs pursuant to 28 U.S.C. 2412(b). Settlement Agreement Show
U.S. Department of Homeland Security U.S. Customs and Border Protection Plancarte Sauceda, et al. v. Garland
$ 8,000
REDACTED The United States Court of Appeals for the Ninth Circuit held the Board of Immigration Appeals (BIA) erred in concluding Petitioner's proposed social group was not cognizable for purposes of asylum and withholding of removal. The Court also held the BIA erred with regard to Petitioner's Convention Against Torture application. Following remand, counsel filed a claim for attorney's fees and costs pursuant to 28 U.S.C. 2412(b). Settlement Agreeement Show
U.S. Department of Homeland Security U.S. Customs and Border Protection Pablo Calmo, et al. v. Garland
$ 6,500
REDACTED The United States Court of Appeals for the Ninth Circuit held the Board of Immigration Appeals (BIA) denial of Petitioner's motion to reissue the dismissal of her aslyum proceedings was an abuse of discretion and orderd the BIA to reissue the decision dismissing her appeal. Following remand, the parties negotiated a settlement with regard to EAJA fees. Settlement Agreement Show
U.S. Department of Homeland Security U.S. Customs and Border Protection Alvarado-Herrera v. Garland
$ 12,583
REDACTED The United States Court of Appeals for the Ninth Circuit found that the immigration judge's conclusion that violence was not perpetrated with the consent or acquiesce of a public official was not supported by substantial evidence given Mr. Alvarado-Herrara's specific assertions of police complicity with a gang's violent acts. The Ninth Circuit remanded the case. Following remand, counsel filed a claim for attorney's fees and costs pursuant to 28 U.S.C. 2412(b). The United States Court of Appeals for the Ninth Circuit awarded fees at the cost-of-living adjusted statutory maximum rates but did not award enhanced fees. Show
U.S. Department of Homeland Security U.S. Customs and Border Protection Rodriguez De Estrada v. Wilkinson
$ 7,616
REDACTED The United States Court of Appeals for the Ninth Circuit found that substantial evidence did not support the Board of Immigration Appeals (BIA) conclusion that Ms. Rodriguez de Estrada failed to establish a nexus to her familial relationship with her son. The Court also found it was unclear whether the BIA considered evidence relative to her claim under the Convention Against Torture. The Court remanded to permit the BIA to reconsider the claims for relief from removal. Following remand, counsel filed a claim for attorney's fees and costs pursuant to 28 U.S.C. 2412(b). In a 2-1 decision, the United States Court of Appeals for the Ninth Circuit awarded fees but did not explain why. Show
U.S. Department of Homeland Security U.S. Customs and Border Protection Solorio Mejia et al. v. Rosen
$ 30,062
REDACTED The United States Court of Appeals for the Ninth Circuit concluded the Immigration Judge and Board of Immigration Appeals erred "by failing to address the record evidence and arguments regarding Solorio Mejia's fear of harm on account of an imputed political opinion." The Court remanded for the BIA to consider those arguments in relation to claims for relief from removal. Following remand, counsel filed a claim for attorney's fees and costs pursuant to 28 U.S.C. 2412(b). In a 2-1 decision, the United States Court of Appeals for the Ninth Circuit awarded fees concluding the government's position was not substantially justified. The Court did not further explain their conclusion. Show
U.S. Department of Homeland Security U.S. Customs and Border Protection Tomas-Ramos v. Garland
$ 20,000
REDACTED The United States Court of Appeals for the Fourth Circuit held the Immigration Judge erred in denying Petitioner's claim for withholding of removal and protection under the Convention Against Torture. Following remand, counsel filed a claim for attorney's fees and costs pursuant to 28 U.S.C. 2412(b). Settlement Agreement Show
U.S. Department of Homeland Security U.S. Customs and Border Protection Perez-Trujilo v. Garland Null
$ 51,339
REDACTED The United States Court of Appeals for the First Circuit held the Board of Immigration Appeals erred in overturning Mr. Perez-Trujilo's adjustment of status. Following remand, counsel filed a claim for attorney's fees and costs pursuant to 28 U.S.C. 2412(b). The United States Court of Appeals for the First Circuit awarded fees but did not explain why. Show
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