HASHIM v. I.N.S.

No. 856, Docket 90-4125.

936 F.2d 711 (1991)

Mohammad Abbas HASHIM, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Second Circuit.

Decided June 25, 1991.


Attorney(s) appearing for the Case

Lawrence M. Sands, New York City (Fried, Frank, Harris, Shriver & Jacobson, of counsel), for petitioner.

Diogenes P. Kekatos, New York City (Otto G. Obermaier, U.S. Atty. S.D.N.Y., Marla Alhadeff, Asst. U.S. Atty., of counsel), for respondent.

Arthur C. Helton, New York City (Lawyers' Committee for Human Rights, New York City, Michael W. Galligan, Debevoise & Plimpton, New York City, of counsel), for amicus curiae Lawyers' Committee for Human Rights.

Before WINTER and ALTIMARI, Circuit Judges, and WEXLER, District Judge.


WINTER, Circuit Judge:

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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