Mr. Allen was placed in removal proceedings. He argued he was a United States citizen. The Immigration Judge disagreed and the Board of Immigration Appeals affirmed. The United States Court of Appeals for the Second Circuit held that Mr. Allen was a United States citizen and terminated the removal proceedings against him. Counsel filed a subsequent claim for attorneys' fees and costs pursuant to 28 U.S.C. § 2412(b).
The United States Court of Appeals for the Second Circuit stated "[t]he position of the Respondent and the agency was not "substantially justified." 28 U.S.C. § 2412(d)(1)(A); see also Comm'r, INS v. Jean, 496 U.S. 154, 158 n.6 (1990); Gomez-Beleno v. Holder, 644 F.3d 139, 144-46 (2d Cir. 2011)." The Court did not further explain their conclusion.