ARASTO v. O'NEIL

No. 86-2566 Summary Calendar.

803 F.2d 187 (1986)

Abdulmajid ARASTO, Plaintiff-Appellant, v. Paul B. O'NEIL, District Director, U.S. Immigration and Naturalization Service, Houston District Office, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 27, 1986.


Attorney(s) appearing for the Case

Bruce A. Coane, Houston, Tex., for plaintiff-appellant.

Henry K. Oncken, U.S. Atty., Samuel G. Longoria, Frank A. Conforti, James R. Gough, Asst. U.S. Attys., Houston, Tex., for defendant-appellee.

Before GEE, REAVLEY, and JOLLY, Circuit Judges.


PER CURIAM:

This appeal concerns whether the position of the United States in declining voluntarily to stay a deportation was "substantially justified," so as to preclude an award of attorneys' fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A) (EAJA). The trial court held that it was, and we affirm.

Appellant Arasto, an overstaying Iranian student, was found deportable in 1981 for failure to comply with the conditions of his...

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