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ESCOBAR RUIZ v. I.N.S.

No. 83-7502.

838 F.2d 1020 (1988)

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

United States Court of Appeals, Ninth Circuit.

Decided January 11, 1988.

As Amended February 24, 1988.

Attorney(s) appearing for the Case

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

William Kanter, Washington, D.C., for respondent.

Lory D. Rosenberg and Harvey Kaplan, American Immigration Lawyers Association and National Immigration Project of the National Lawyers Guild, Boston, Massachusetts, for the amici.

Before BROWNING, Chief Judge, GOODWIN, ANDERSON, NELSON, CANBY, REINHARDT, BEEZER, HALL, BRUNETTI, NOONAN and THOMPSON, Circuit Judges.

Argued and Submitted En Banc September 14, 1987.

REINHARDT, Circuit Judge:

This case raises a critical question which we are apparently the first court to address: whether the Equal Access to Justice Act (EAJA) provides for awards of attorneys fees in deportation proceedings. This is our third opinion in this case; as we have twice before, we hold that the EAJA covers deportation proceedings before the administrative agency as well as court proceedings reviewing...

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