This case arises on a petition for review of a decision of the Board of Immigration Appeals ("BIA") denying an award of costs and attorneys' fees sought under the Equal Access to Justice Act ("EAJA"), 5 U.S.C. § 504 (1988) and 28 U.S.C. § 2412 (1988), to a party that had prevailed in an exclusion proceeding conducted under the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1252 ...
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