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GOMEZ-BELENO v. HOLDER

Docket No. 07-0874-ag.

644 F.3d 139 (2011)

Gilberto William GOMEZ-BELENO, Sandra Avila-Gaviria, a/k/a Sandra Avila-Gavaria, Petitioners, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: July 7, 2011.

Attorney(s) appearing for the Case

Anne Pilsbury , Central American Legal Assistance, Brooklyn, N.Y., for Petitioners.

Gregory G. Katsas , Assistant Attorney General, Linda S. Wernery , Assistant Director, Walter Bocchini , Attorney,† Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for Respondent (on the motion).

Before: JOHN M. WALKER, JR., CALABRESI, and WESLEY, Circuit Judges.

CALABRESI, Circuit Judge:

Gilberto William Gomez-Beleno and Sandra Avila-Gaviria (collectively "the Petitioners") successfully sought review by this Court of a final order of removal. They now move for costs and fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d). The Government opposes the motion, arguing that the Petitioners are not entitled to a fee award on the ground that the "position of the United States was substantially justified...

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