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ARDESTANI v. INS

No. 90-1141.

502 U.S. 129 (1991)

112 S.Ct. 515

116 L.Ed.2d 496

ARDESTANI v. IMMIGRATION AND NATURALIZATION SERVICE

Supreme Court of United States.

Decided December 10, 1991.

Attorney(s) appearing for the Case

David N. Soloway argued the cause for petitioner. With him on the briefs was Carolyn F. Soloway.

Deputy Solicitor General Wallace argued the cause for respondent. With him on the brief were Solicitor General Starr, Assistant Attorney General Gerson, Harriet S. Shapiro, William Kanter, and John S. Koppel.*

O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Scalia, Kennedy, and Souter, JJ., joined. Blackmun, J., filed a dissenting opinion, in which Stevens, J., joined, p. 139. Thomas, J., took no part in the consideration or decision of the case.

Justice O'Connor, delivered the opinion of the Court.

Petitioner Rafeh-Rafie Ardestani prevailed in an administrative deportation proceeding brought by respondent Immigration and Naturalization Service (INS). She sought attorney's fees and costs under the Equal Access to Justice Act (EAJA), 5 U. S. C. § 504 and 28 U. S. C. § 2412, which provides that prevailing parties in certain adversarial proceedings may recover...

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