CERVANTEZ v. WHITFIELD

No. 84-1736.

776 F.2d 556 (1985)

Pedro CERVANTEZ and Juan Lozano, Individually and on Behalf of all others similarly situated, Plaintiffs-Appellants, v. Gary WHITFIELD, Individually and as Officer Texas Department of Public Safety, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 18, 1985.


Attorney(s) appearing for the Case

Edward J. Tuddenham, Texas Rural Legal Aid, Inc., Farm Worker Div., Hereford, Tex., Lee J. Teran, San Antonio, Tex., for plaintiffs-appellants.

William Kanter, Charles T. Meyers, Washington, D.C., for I.N.S.

Before RANDALL, DAVIS, and HILL, Circuit Judges.


OPINION

ROBERT MADDEN HILL, Circuit Judge:

Two United States citizens of Hispanic descent sought declaratory and injunctive relief against the Immigration and Naturalization Service (INS) concerning the detention of Hispanic persons believed to be aliens. After a settlement of their dispute with the INS, plaintiffs sought attorney's fees and costs under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. The district court denied the fees and...

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