Court of Appeals for the Third Circuit July 25, 2005, 03-1931 (Jimmy JOHNSON, Petitioner v. Alberto R. GONZALES, Attorney General of the United States, Respondent)

OPINION OF THE COURT

AMBRO, Circuit Judge.

Jimmy Johnson moves for attorneys’ fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d)(1)(A). For the reasons that follow, we grant his motion.

I. Background

Johnson petitioned our Court for review of the decision of the Board of Immigration Appeals (“BIA”) denying his asylum application.