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ARDESTANI v. U.S. DEPT. OF JUSTICE, I.N.S.

No. 89-8458.

904 F.2d 1505 (1990)

Rafeh-Rafie ARDESTANI, Petitioner, v. UNITED STATES DEPARTMENT OF JUSTICE, IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Eleventh Circuit.

July 6, 1990.

Attorney(s) appearing for the Case

David N. Soloway, Carolyn F. Soloway, Frazier and Soloway, Atlanta, Ga., for petitioner.

Lory D. Rosenberg, Cambridge, Mass., Harvey Kaplan, Boston, Mass., for amicus.

David J. Kline, David V. Bernal, Dept. of Justice, Office of Immigration Litigation, Washington, D.C., for respondent.

Before FAY, Circuit Judge, RONEY, Senior Circuit Judge, and PITTMAN, Senior District Judge.

FAY, Circuit Judge:

This case presents the first impression issue for this circuit of whether or not the Equal Access to Justice Act (EAJA) applies to immigration deportation proceedings. Appellant Rafeh-Rafie Ardestani was awarded attorney fees under EAJA as the prevailing party in a deportation proceeding by an immigration judge. Appellee the Immigration and Naturalization Service (INS) appealed, arguing that EAJA was inapplicable to deportation proceedings. Upon...

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