28 C.F.R. §24.103 - Proceedings covered

Cite as28 C.F.R. §24.103
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6 cases
  • Ardestani v. Immigration and Naturalization Service, 90-1141
    • United States
    • United States Supreme Court
    • December 10, 1991
    ...132 award on the ground that the Attorney General has determined that deportation proceedings are not within the scope of the EAJA. See 28 CFR § 24.103 (1991); 46 Fed.Reg. 48921, 48922 (1981) (interim rule). A divided Court of Appeals for the Eleventh Circuit denied Ardestani's petition for......
  • Matter of Anselmo, Interim Decision Number 3105
    • United States
    • U.S. DOJ Board of Immigration Appeals
    • May 11, 1989
    ...5 U.S.C. § 554 (1982), rather than to proceedings "merely conducted in a similar manner." Owens v. Brock, supra, at 1366; see also 28 C.F.R. § 24.103 Deportation proceedings are not subject to or controlled by section 554 of the Administrative Procedure Act, 5 U.S.C. §§ 551-59, 701-06 (1982......
  • Ardestani v. U.S. Dept. of Justice, I.N.S., 89-8458
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • July 6, 1990
    ...support that deportation proceedings are not under EAJA is found in the implementing regulation for EAJA by the Attorney General. 28 C.F.R. 24.103 (1982); see 8 U.S.C. Sec. 1103(a). This regulation lists the proceedings covered by EAJA, with "proceeding" defined as an "adversary adjudicatio......
  • Clarke v. I.N.S., s. 89-3477
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • May 24, 1990
    ...Decision 3106 (BIA 1989), 2 and the Attorney General's regulation on the EAJA's coverage in Department of Justice proceedings, 28 C.F.R. Sec. 24.103, 3 required him to dismiss Clarke's EAJA application for lack of Clarke appealed the immigration judge's decision to the BIA. Replying on Matt......
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