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.