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.