Cisneros

MEMORANDUM **

Malinn Cisneros appeals the district court’s denial of her renewed application for attorney’s fees under the Equal Access to Justice Act (“EAJA”). We affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

Under the EAJA, “a court shall award to a prevailing party other than the United States fees and other expenses ... unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust.” 28 U.S.C. § 2412 (d)(1)(A). In analyzing a petitioner’s entitlement to fees, we “ ‘must focus on two questions: first, whether the government was substantially justified in taking its original action; and, second, whether the government was substantially justified in defending the validity of the action in court.’” Gutierrez v. Barnhart, 274 F.3d 1255, 1259 (9th Cir. 2001) (quoting Kali v. Bowen, 854 F.2d 329, 332 (9th Cir.1988)).

We review the district court’s denial of fees under the EAJA for an abuse of discretion, and reversal is only warranted if we have a definite and firm conviction that the district court committed a clear error of…