Saluja Thangaraja v. Alberto R. Gonzales, Attorney General

ORDER

When this case was last before us, petitioner Saluja Thangaraja’s petition for review was granted with respect to her asylum and withholding of removal claims. We remanded the matter to the Board of Immigration Appeals (“BIA”) for further proceedings. See Thangaraja v. Ashcroft, 2004 WL 1922161 (9th Cir. Aug.25, 2004) (unpublished memorandum). On November 26, 2004, Thangaraja filed a timely motion for attorney’s fees and costs, which was opposed by the respondent. We now grant the motion and award fees at the rates prescribed by the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 .

BACKGROUND

Thangaraja is a Tamil native and citizen of Sri Lanka. She attempted to enter the United States in October 2001 at the San Ysidro border crossing. After an interview with an asylum officer, Thangaraja was found to have “demonstrated a credible fear of persecution or torture.” She was placed in detention and issued a Notice to Appear in Immigration Court.

In January 2002, Thangaraja submitted an asylum application and appended a declaration describing her claim. The declaration detailed two incidents of prolonged detention by the Sri Lankan Army, during which Thangaraja was…