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.