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COMMISSIONER, INS v. JEAN

No. 89-601.

496 U.S. 154 (1990)

110 S.Ct. 2316

110 L.Ed.2d 134

COMMISSIONER, IMMIGRATION AND NATURALIZATION SERVICE, ET AL. v. JEAN ET AL.

Supreme Court of United States.

Decided June 4, 1990

Attorney(s) appearing for the Case

Paul J. Larkin, Jr., argued the cause for petitioners. On the briefs were Solicitor General Starr, Assistant Attorney General Gerson, Deputy Solicitor General Merrill, Harriet S. Shapiro, William G. Kanter, and Michael J. Singer.

Ira J. Kurzban argued the cause for respondents. With him on the brief were Bruce J. Winick, Irwin P. Stotzky, Robert E. Juceam, Terrence A. Corrigan, and Sandra M. Lipsman.*

JUSTICE STEVENS delivered the opinion of the Court.

The Equal Access to Justice Act (EAJA) directs a court to award "fees and other expenses" to private parties who prevail in litigation against the United States if, among other conditions, the position of the United States was not "substantially justified."1 In many cases parties are able to resolve by stipulation a claim for fees under the EAJA. In some cases, however, a fee application...

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