Rogelio Gomez-arauz, Plaintiff-appellant, v. D. Gene Mcnary, Commissioner of the Immigration Andnaturalization Service, United States Departmentof Justice, Defendant-appellee, 972 F.2d 356 (10th Cir. 1992)

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.

Appellant Rogelio Gomez-Arauz appeals from an order of the district court denying his request for attorneys' fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 1412(d). On appeal, appellant claims that the district court erred by concluding the appellee's position was substantially justified and that special circumstances existed that would make an award of attorneys' fees unjust. We exercise jurisdiction under 28 U.S.C. § 1291 and AFFIRM for substantially the reasons given by the district court. The appellant's motion to file an additional appendix is granted. The mandate shall issue forthwith.