EAJA Awards

Agency Agency subcomponent Name Award date Award amount Awardees Claims description Finding basis Actions
U.S. Department of Homeland Security U.S. Immigration and Customs Enforcement REDACTED v. Barr Null REDACTED Petition for Review under 8 U.S.C. § 1252(a)(1). BIA erred in holding that noncitizen failed to address issue in appeal brief and did not provide notice to noncitizen re: corroboration per Ninth Circuit requirement. Null Show
U.S. Department of Homeland Security U.S. Immigration and Customs Enforcement REDACTED v. Barr Null REDACTED Petition for Review under 8 U.S.C. § 1252(a)(1). Whether immigration judges lack authority to grant waivers under 8 U.S.C. § 1182(d)(3)(A)(ii), in light of a prior Seventh Circuit decision finding they have that authority. Null Show
U.S. Department of Homeland Security U.S. Immigration and Customs Enforcement REDACTED v. Barr Null REDACTED Petition for Review under 8 U.S.C. § 1252(a)(1). 9th Cir. held that IJ & BIA failed to apply its precedent in determining that noncitizen did not meet burden in claim for relief. Null Show
U.S. Department of Homeland Security U.S. Immigration and Customs Enforcement REDACTED v. Rosen Null REDACTED Petition for Review under 8 U.S.C. § 1252(a)(1). 9th Cir. held that BIA applied wrong standard of review and engaged in its own improper fact-finding to reverse IJ decision and deny relief. Null Show
U.S. Department of Homeland Security U.S. Immigration and Customs Enforcement REDACTED v. Rosen Null REDACTED Petition for Review under 8 U.S.C. § 1252(a)(1). EOIR failed to provide noncitizen list of pro bono counsel prior to merits hearing. Null Show
U.S. Department of Homeland Security U.S. Immigration and Customs Enforcement REDACTED v. Barr Null REDACTED Petition for Review under 8 U.S.C. § 1252(a)(1). IJ & BIA erred in adverse credibility finding and not allowing noncitizen sufficient opportunity to corroborate. Null Show
U.S. Department of Energy Null Backcountry Against Dumps v. Perry
$ 400,000
Backcountry Against Dumps, Donna Tisdale Plaintiffs challenged DOE's issuance of a Presidential permit to Energia Sierra Juarez to contruct and operate a transmission line in San Diego County, CA, that would bring wind power from Mexico into the United States. Plaintiffs alleged that DOE's issuance of the permit was carried out in violation of the National Environmental Policy Act, the Endangered Species Act, the Migratory Bird Treaty Act, and the Bald Eagle and Golden Eagle Protection Act. Null Show
U.S. Department of Homeland Security U.S. Immigration and Customs Enforcement REDACTED v. Barr Null John Doe Petition for Review under 8 U.S.C. § 1252(a)(1). OIL filed motion for remand after 9th Cir. held that BIA failed to properly consider evidence and standard of review in denying claim. Null Show
U.S. Department of Homeland Security U.S. Immigration and Customs Enforcement REDACTED v. Barr Null REDACTED Petition for Review under 8 U.S.C. § 1252(a)(1). 9th Cir. held that BIA incorrectly analyzed ineffective assistance of counsel claim and that no exceptional circumstances excused untimely filing of application. Null Show
U.S. Department of Homeland Security U.S. Immigration and Customs Enforcement REDACTED v. Warden Pike County Correctional Facility Null REDACTED Petition for a Writ of Habeas Corpus under 28 U.S.C. 2241 (length of detention). Null Show
U.S. Department of Homeland Security U.S. Immigration and Customs Enforcement REDACTED v. Wilkinson Null REDACTED Petition for Review under 8 U.S.C. § 1252(a)(1). Voluntary remand after IJ & BIA failed to properly analyze noncitizen's arguments for lack of notice for his hearing in denying motion to reopen in absentia removal order. Null Show
U.S. Department of Homeland Security U.S. Immigration and Customs Enforcement REDACTED v. Barr Null REDACTED Petition for a Writ of Habeas Corpus under 28 U.S.C. 2241. The plaintiff claimed, in pertinent part, that his detention had been so prolonged that due process required that he be given a bond hearing at which the DHS bears the burden of proving dangerousness or flight risk by clear and convincing evidence, and that DHS failed to meet its burden. Null Show
U.S. Department of Homeland Security U.S. Immigration and Customs Enforcement REDACTED v. Garland Null REDACTED Petition for Review under 8 U.S.C. § 1252(a)(1). Voluntary remand after IJ & BIA misapplied BIA precedent to case involving request for continuance based on visa application. Null Show
U.S. Department of Homeland Security U.S. Immigration and Customs Enforcement REDACTED v. Garland Null REDACTED Petition for Review under 8 U.S.C. § 1252(a)(1). 10th Cir. granted USG's voluntary remand motion to allow BIA to address alleged errors relating to original denial of cancellation of removal and related appeal. Null Show
U.S. Department of Homeland Security U.S. Immigration and Customs Enforcement REDACTED v. Garland Null REDACTED Petition for Review under 8 U.S.C. § 1252(a)(1). 10th Cir. overruled removability, holding that BIA incorrectly applied categorical approach to CO state drug conviction. Null Show