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HODGE v. U.S. DEPT. OF JUSTICE

No. 90-4122.

929 F.2d 153 (1991)

Ana Lucia HODGE, Petitioner, v. UNITED STATES DEPARTMENT OF JUSTICE, Respondent.

United States Court of Appeals, Fifth Circuit.

April 4, 1991.

Attorney(s) appearing for the Case

Richard S. Fischer, Nacogdoches, Tex., for petitioner.

Kimberly J. Barton, Gen. Atty. U.S. Dept. of Justice, I.N.S., Exec. Office for Immigration Review, Office of Immigration Judge, Houston, Tex., U.S. Dept. of Justice, Exec. Office for Immigration Review Bd. of Immigration Appeals, Falls Church, Va., for respondent.

Lori L. Scialabba, Alice M. Smith, Mark C. Walters, Asst. Director, Office of Immigration Litigation, Washington, D.C., for I.N.S.

Before GOLDBERG, KING and DUHÉ, Circuit Judges.

KING, Circuit Judge:

Petitioner Ana Lucia Hodge (Hodge) is a Colombian citizen who prevailed in deportation proceedings brought by the respondent Immigration and Naturalization Service (INS). She now petitions for review of a decision by the Board of Immigration Appeals (BIA) denying her motion for attorney's fees and expenses under the Equal Access to Justice Act (EAJA), 5 U.S.C. § 504. We find that the EAJA does not apply to deportation proceedings before the...

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