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JOHNSON v. GONZALES

No. 03-1931.

416 F.3d 205 (2005)

Jimmy JOHNSON, Petitioner v. * Alberto R. GONZALES, Attorney General of the United States, Respondent. * Substituted pursuant to Federal Rule of Appellate Procedure 43(c)(2).

United States Court of Appeals, Third Circuit.

Opinion filed July 25, 2005.

Attorney(s) appearing for the Case

Visuvanathan Rudrakumaran, (Argued), New York, NY, for Petitioner.

Peter D. Keisler, Assistant Attorney General, United States Department of Justice, Civil Division, Donald Keener, Assistant Director, Alison Marie Igoe, Senior Litigation Counsel, Douglas E. Ginsburg, John M. McAdams, Jr., Janice K. Redfern, Norah A. Schwarz, (Argued), Office of Immigration Litigation, Washington, DC, for Respondent.

Before NYGAARD, AMBRO, and GARTH, Circuit Judges.

OPINION OF THE COURT

AMBRO, Circuit Judge.

Jimmy Johnson moves for attorneys' fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d)(1)(A). For the reasons that follow, we grant his motion.

I. Background

Johnson petitioned our Court for review of the decision of the Board of Immigration Appeals ("BIA") denying his asylum application. Johnson is a native of Liberia who fled that country after being forcibly recruited...

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