Uscis

MEMORANDUM

United States Citizenship and Immigration Services (USCIS) appeals the district court’s order awarding attorney’s fees to Jamal Atalla pursuant to the Equal Access to Justice Act (“EAJA”). 28 U.S.C. § 2412 (d)(1)(A). We reverse.

USCIS denied Atalla’s application for naturalization and he commenced this action for review of that decision. The district court granted his petition and we affirmed. See Atalla v. USCIS, 541 Fed.Appx. 760, 761 (9th Cir.2013) (‘Atalla I”). The district court also granted attorney’s fees pursuant to the EAJA, and this appeal followed.

USCIS asserts that based on the record the district court abused its discretion when it granted EAJA fees to Atal-la. It argues, as it did at the district court, that it was substantially justified in its position that Atalla had at the time of his initial interview “failed to truthfully disclose the full extent of his involvement with GRF [the Global Relief Foundation],” and “failed to volunteer information about the full extent of his involvement with GRF throughout the administrative processing of his naturalization application.” That assessment of Atalla’s behavior and testimony when he was questioned by the…