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ARDESTANI v. INS Syllabus

The strong presumption that the statute’s plain language expresses congressional intent, Rubin v. United States, 449 U. S. 424, 430, is not rebutted by any statements in the EAJA’s legislative history. Thus, the meaning of “under section 554” is unambiguous in the context of the EAJA and does not permit Ardestani’s reading that, since both deportation and § 554 proceedings are required “to be determined on the record after opportunity for an agency hearing,” the phrase “under section 554” encompasses all adjudications “as defined in” § 554(a), even if they are not otherwise governed by that section. This conclusion is reinforced by the limited nature of waivers of sovereign immunity. The EAJA renders the United States liable for attorney’s fees and, thus, amounts to a partial waiver of sovereign immunity, which must be strictly construed in the United States’ favor, see, e. g., Library of Congress v. Shaw, 478 U. S. 310, 318. United States v. Kubrick, 444 U. S. 111, 118; Irwin v. Department of Veterans Affairs, 498 U. S. 89, 95; Sullivan v. Hudson, 490 U. S. 877, 892, distinguished. Also rejected is Ardestani’s argument that a functional interpretation of the EAJA is needed to further the legislative goals underlying the statute. While making the EAJA applicable to deportation proceedings would serve its broad purposes of eliminating financial disincentives for those who would defend against unjustified governmental action and deterring the unreasonable exercise of Government authority, it is the province of Congress to decide whether to bring such proceedings within the statute’s scope. Pp. 134–138. 904 F. 2d 1505, affirmed. O’Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Scalia, Kennedy, and Souter, JJ., joined. Blackmun, J., filed a dissenting opinion, in which Stevens, J., joined, post, p. 139. Thomas, J., took no part in the consideration or decision of the case.

David N. Soloway argued the cause for petitioner. With him on the briefs was Carolyn F. Soloway. Deputy Solicitor General Wallace argued the cause for respondent. With him on the brief were Solicitor General Starr, Assistant Attorney General Gerson, Harriet S. Shapiro, William Kanter, and John S. Koppel.* John J. Curtin, Jr., Robert E. Juceam, Dale M. Schwartz, and Sandra M. Lipsman filed a brief for the American Bar Association as amicus curiae.
 * Lawrence H. Rudnick filed a brief for the American Immigration Lawyers Association as amicus curiae urging reversal.