BAZALDUA v. UNITED STATES I.N.S.

No. 85-2195 Summary Calendar.

776 F.2d 1266 (1985)

Alfredo BAZALDUA, Plaintiff-Appellant, v. UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE and James H. Selbe, Acting Chief Patrol Agent, INS, McAllen, Texas, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 19, 1985.


Attorney(s) appearing for the Case

James A. Herrmann, Harlingen, Tex., for plaintiff-appellant.

Henry K. Oncken, U.S. Atty., Michael K. Suarez, Sp. Asst. U.S. Atty., C.J. (Neil) Calnan, James R. Gough, Asst. U.S. Attys., Houston, Tex., for defendants-appellees.

Before RUBIN, REAVLEY and HILL, Circuit Judges.


ROBERT MADDEN HILL, Circuit Judge:

Alfredo Bazaldua appeals the denial by the district court of his request for attorney's fees and expenses under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). Because we find the position of the United States substantially justified, we affirm the order of the district court.

I.

On July 26, 1982, Bazaldua's daughter was apprehended transporting eleven...

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