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MONTERO v. ILCHERT

No. 84-2655.

780 F.2d 763 (1986)

Marisol MONTERO, Candelaria Garcia, Elvira Magallanes, Lucia Solis De Garcia, Jose Gallegos, Monica Gallegos, and Engracia Gallegos, Petitioners-Appellees, v. David N. ILCHERT, District Director of the U.S. Immigration and Naturalization Service, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 10, 1986.

Attorney(s) appearing for the Case

Marc Van Der Hout, Law Offices of Marc Van Der Hout, San Francisco, Cal., for petitioners-appellees.

Wendy Keats, Atty., U.S. Dept. of Justice, Appellate Staff, Washington, D.C., for respondent-appellant.

Before SNEED, SCHROEDER, and BRUNETTI, Circuit Judges.

SNEED, Circuit Judge:

The district director of the Immigration and Naturalization Service (INS) appeals from the district court's grant of a writ of habeas corpus and from an award of attorney's fees under the Equal Access to Justice Act (EAJA). The habeas corpus appeal is now moot, but the appeal from the award of attorney's fees remains before us. We reverse the district court's grant of fees.

I.

FACTS

This case arose from the deportation...

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