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RUEDA-MENICUCCI v. I.N.S.

No. 95-70281.

132 F.3d 493 (1997)

Jorge RUEDA-MENICUCCI; Ana M. Calero De Rueda; Jorge Martin Rueda-Calero; Jorge Enrique Rueda-Calero; Ana Maria Rueda-Calero, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

December 22, 1997.

Attorney(s) appearing for the Case

Ralph J. Leardo, San Francisco, CA, for Petitioners.

Donald E. Keener, Office of Immigration Litigation, Department of Justice, Washington, DC, for Respondent.

Before: HUG, Chief Judge, and SCHROEDER and TASHIMA, Circuit Judges.

Petitioners seek attorney's fees under the Equal Access to Justice Act, ("EAJA"), 28 U.S.C. § 2412(d), following our remand of their asylum and withholding of deportation claims to the Board of Immigration Appeals ("BIA").1 The request requires us to determine whether the Supreme Court's holding regarding EAJA prevailing party status in Shalala v. Schaefer, 509 U.S. 292, 300-02, 113 S.Ct. 2625, 2630...

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