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ESCOBAR RUIZ v. I.N.S.

No. 83-7502.

813 F.2d 283 (1987)

Jose Rolando ESCOBAR RUIZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

March 25, 1987.

Attorney(s) appearing for the Case

Marc Van Der Hout, San Francisco, Cal., for petitioner.

Marc C. Walters, Washington, D.C., for respondent.

Before SCHROEDER, FLETCHER and REINHARDT, Circuit Judges.

OPINION ON REHEARING

REINHARDT, Circuit Judge:

I. INTRODUCTION

In Escobar Ruiz v. INS, 787 F.2d 1294 (9th Cir.1986), we decided that the former Equal Access to Justice Act (EAJA), codified at 5 U.S.C. § 504 (1982) and 28 U.S.C. § 2412 (1982), applies to immigration proceedings before the immigration judge and the Board of Immigration Appeals (BIA).1 We rejected the...

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