Jose Santos Fletes-ruiz, Juan Francisco Mayorga-fletes,marue Lourdes Mayorga-fletes, Otilliamungia-fletes, Petitioners, v. U.S. Immigration & Naturalization Service, Respondent, 838 F.2d 466 (4th Cir. 1988)

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U.S. Court of Appeals for the Fourth Circuit - 838 F.2d 466 (4th Cir. 1988) Submitted Nov. 24, 1987. Decided Jan. 28, 1988

Robert William Minor, for petitioners.

Richard K. Willard, Assistant Attorney General, Robert Kendall, Jr., Assistant Director, Eloise Rosas, Office of Immigration Litigation, for Respondent.

Before DONALD RUSSELL, WIDENER, and K.K. HALL, Circuit Judges.


Jose Santos Fletes-Ruiz, Juan Francisco Mayorga-Fletes, Marue Lourdes Mayorga-Fletes, and Otillia Mungia-Fletes petition for review of the denial of their application for attorney's fees under the Equal Access to Justice Act. Under the Immigration and Nationality Act, this Court's jurisdiction is limited to review of "final orders of deportation." 8 U.S.C. § 1105a(a). The denial of attorney's fees is not a final order of deportation subject to our direct review. See Kwok v. INS, 392 U.S. 206 (1968). We therefore lack jurisdiction to consider this petition. We dispense with oral argument because the dispositive issues recently have been decided authoritatively.