Singh

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DIDAR SINGH, 

Petitioner, No. 04-70300 v.  Agency No.

A79-612-780

ALBERTO R. GONZALES, Attorney General, ORDER Respondent.  Filed September 7, 2007

Before: Michael Daly 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 Home- land 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 case was substantially justified — was squarely rejected by this Court in Thangaraja v. Gon- zales, 428 F.3d 870, 873 (9th Cir. 2005) (“We reject this con- tention, which completely lacks justification. Pursuant to the EAJA, the BIA and IJ decisions we review are as much the

*The Honorable Roslyn O. Silver, United States…