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SOTELO-AQUIJE v. SLATTERY

No. 1174, Docket 94-2499.

62 F.3d 54 (1995)

Luis Alberto SOTELO-AQUIJE, Petitioner-Appellant, v. William S. SLATTERY, District Director of the New York District of the Immigration & Naturalization Service, Defendant-Appellee, Roseanne C. Sonchik, Acting Assistant District Director for Detention and Deportation of the New York District of the Immigration & Naturalization Service, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 28, 1995.

Attorney(s) appearing for the Case

Anne Pilsbury, Brooklyn, NY (Central American Legal Assistance, of counsel) for petitioner-appellant.

F. James Loprest, Jr., Sp. Asst. U.S. Atty., New York City (Mary Jo White, U.S. Atty. for the S.D.N.Y., Diogenes P. Kekatos, Gideon A. Schor, Asst. U.S. Attys., of counsel) for appellee.

Before: MINER and PARKER, Circuit Judges, and SCHEINDLIN, District Judge.

MINER, Circuit Judge:

Petitioner-appellant Luis Alberto Sotelo-Aquije appeals from an order entered in the United States District Court for the Southern District of New York (Martin, J.) denying appellant attorney's fees and costs under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) ("the EAJA"). In the action giving rise to the application for fees, the Board of Immigration Appeals ("the Board") had denied Sotelo's application for asylum in this country...

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