The United States Court of Appeals for the Ninth Circuit concluded the Immigration Judge and Board of Immigration Appeals erred "by failing to address the record evidence and arguments regarding Solorio Mejia's fear of harm on account of an imputed political opinion." The Court remanded for the BIA to consider those arguments in relation to 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 concluding the government's position was not substantially justified. The Court did not further explain their conclusion.