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OGUACHUBA v. I.N.S.

No. 841, Docket 82-2297.

706 F.2d 93 (1983)

John OGUACHUBA, Petitioner-Appellant, v. IMMIGRATION AND NATURALIZATION SERVICE and Dale Thomas, Warden of the Metropolitan Correctional Center, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 22, 1983.

Attorney(s) appearing for the Case

Peter Hirsch, New York City, for petitioner-appellant.

Michael D. Patrick, Sp. Asst. U.S. Atty., New York City (John S. Martin, Jr., U.S. Atty., S.D.N.Y., Thomas E. Mossley, Sp. Asst. U.S. Atty., Thomas D. Warren, Asst. U.S. Atty., New York City, of counsel), for respondents-appellees.

James J. Orlow, Philadelphia, Pa. (Lawrence H. Rudnick, Wasserman, Orlow, Ginsberg & Rubin, Philadelphia, Pa., of counsel), for amicus curiae American Immigration Lawyer's Ass'n.

Before VAN GRAAFEILAND, MESKILL and WINTER, Circuit Judges.

WINTER, Circuit Judge:

John Oguachuba appeals from Judge Thomas P. Griesa's denial of an application for attorneys' fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412 (Supp. V 1981). The application followed a grant of Oguachuba's petition for the writ of habeas corpus, Oguachuba v. INS, 82 Civ. 0073 (S.D.N.Y. Jan. 28, 1982). On appeal, Oguachuba and amicus curiae, the American Immigration Lawyer's Association, contend that Oguachuba...

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