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ESCOBAR v. U.S. I.N.S.

No. 90-2904.

935 F.2d 650 (1991)

Enrique Caciedo ESCOBAR, Petitioner, v. U.S. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided June 4, 1991.

Attorney(s) appearing for the Case

A. Frank Johns, Jr., argued, Booth, Harrington, Johns & Campbell, Greensboro, N.C., for petitioner.

Lori Lynn Scialabba, argued, Stuart M. Gerson, Asst. Atty. Gen., David J. Kline, Asst. Director, Civ.Div., U.S. Dept. of Justice, Washington, D.C., for respondent.

Before SPROUSE and WILKINSON, Circuit Judges, and ELLIS, District Judge for the Eastern District of Virginia, sitting by designation.

ELLIS, District Judge:

This appeal presents the question, unresolved in this circuit, whether the prevailing party against the government in a deportation proceeding is entitled to an award of attorney's fees under the Equal Access to Justice Act ("EAJA" or "the Act"), 5 U.S.C. § 504. We join several circuits in concluding that such an award is not authorized. In essence, we conclude that the EAJA allows appeals only from fee determinations in adversary adjudications...

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