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SOTELO-AQUIJE v. SLATTERY

No. 93 Civ. 5640 (JSM).

863 F.Supp. 133 (1994)

In the Matter of Luis Alberto SOTELO-AQUIJE A72-468-261, Petitioner, v. William S. SLATTERY, etc., et al., Respondents.

United States District Court, S.D. New York.

July 8, 1994.

Attorney(s) appearing for the Case

Lisa Reiner, Central American Legal Assistance, Brooklyn, NY, for petitioner.

F. James Loprest, Jr., Asst. U.S. Atty., S.D. New York, New York City, for Government.

ORDER

MARTIN, District Judge:

This case places the District Court in the anomalous position of having to decide whether the arguments of the Government, which it accepted in reaching a decision that was reversed on appeal, were "substantially justified" so as to preclude an award of attorneys' fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d). It would seem that this judgment could better...

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