Ali

MEMORANDUM *

In our prior opinion, we remanded to the district court to vacate the injunction against removing the class of aliens to Somalia. 1 See Ali v. Gonzales, 421 F.3d 795, 797 (9th Cir.2005). We also remanded for the district court to reconsider the class certification and rejected the government’s request to vacate the order of release. Id. Prior to remand, the district court had awarded Petitioners attorneys’ fees and costs pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 . The government now challenges the award of fees, contending that Petitioners are not prevailing parties for purposes of the statute, in light of both the Supreme Court’s decision in Jama v. Immigration & Customs Enforcement, 543 U.S. 335 , 125 S.Ct. 694 , 160 L.Ed.2d 708 (2005), and the district court’s subsequent order vacating the injunction and decertifying the nationwide class. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we vacate the award of attorneys’ fees and remand for the district court to reconsider whether Petitioners are prevailing parties on one or more of the issues presented.

In order to qualify as a prevailing party under the EAJA, a party “must…