Ardestani v. Immigration and Naturalization Service

PETITIONER: Ardestani
RESPONDENT: Immigration and Naturalization Service
LOCATION: Circuit Court of Vermilion County

DOCKET NO.: 90-1141
DECIDED BY: Rehnquist Court (1991-1993)
LOWER COURT: United States Court of Appeals for the Eleventh Circuit

CITATION: 502 US 129 (1991)
ARGUED: Oct 08, 1991
DECIDED: Dec 10, 1991

ADVOCATES:
David N. Soloway - on behalf of the Petitioner
Lawrence G. Wallace - on behalf of the Respondent

Facts of the case

Question

Media for Ardestani v. Immigration and Naturalization Service

Audio Transcription for Oral Argument - October 08, 1991 in Ardestani v. Immigration and Naturalization Service

Audio Transcription for Opinion Announcement - December 10, 1991 in Ardestani v. Immigration and Naturalization Service

William H. Rehnquist:

The opinions of the Court in two cases will be announced by Justice O'Connor.

Sandra Day O'Connor:

The first of the two is No. 90-1141, Ardestani versus the Immigration and Naturalization Service.

The case comes to us on certiorari to the United States Court of Appeals for the Eleventh Circuit.

The petitioner, Ardestani, prevailed in an administrative deportation proceeding brought by the respondent, Immigration and Naturalization Service.

She then sought attorney's fees and cost under the Equal Access to Justice Act which permits a prevailing party in certain adversarial proceedings to recover fees from the government.

We granted certiorari to consider whether the Equal Access to Justice Act authorizes the award of attorney's fees for administrative deportation proceedings brought before the Immigration and Naturalization Service.

For reasons spelled out in the opinion and which do not lend themselves to oral explanation at these brief announcement sessions, we conclude that it does not and we affirm the judgment below.

Justice Blackmun joined by Justice Stevens has filed a dissenting opinion.

Justice Thomas took no part in the consideration or decision of the case.