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SINGH v. GONZALES

No. 04-70300.

502 F.3d 1128 (2007)

Didar SINGH, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

September 7, 2007.

Attorney(s) appearing for the Case

George T. Heridis, Esq., Zeena Batliwalla, Rai & Associates, PC, San Francisco, CA, for Petitioner.

Ronald E. LeFevre, Chief Counsel, Office of the District Counsel Department of Homeland Security, San Francisco, CA, Anh-Thu P. Mai, Esq., Anthony W. Norwood, Esq., U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Before: HAWKINS and MARSHA S. BERZON, Circuit Judges, and ROSLYN O. SILVER, District Judge.

ORDER

The Petitioner's Motion for Costs and Fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) ("EAJA"), is GRANTED.

1. The Court notes that Respondent's primary argument — that only litigation positions of the Department of Homeland Security ("DHS") before this Court, and not decisions of Immigration Judges ("IJs") and the Bureau of Immigration Appeals ("BIA"), are pertinent with regard to whether the government's position in this...

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