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ARDESTANI v. INS Blackmun, J., dissenting

maxim to restrict EAJA’s scope still further is not merely superfluous, but is inconsistent with congressional intent.2 IV Because the Court accepts the INS’ “plain meaning” and sovereign immunity arguments, it has no cause to address the Government’s two remaining arguments. Both are easily resolved against the Government. The INS suggests, first, that the Court owes deference to the Attorney General’s determination that the EAJA does not apply to deportation proceedings. This Court has indicated, however, that reviewing courts do not owe deference to an agency’s interpretation of statutes outside its particular expertise and special charge to administer. See Adams Fruit Co. v. Barrett, 494 U. S. 638, 649–650 (1990); see also Professional Reactor Operator Soc. v. NRC, 291 U. S. App. D. C. 219, 223, 939 F. 2d 1047, 1051 (1991) (no deference to agency interpretation of APA, because agency not assigned special role by Congress in construing that statute). Because the EAJA, like the APA, applies to all agencies and is not administered by any one in particular, deference to the interpretation by any particular agency is inappropriate. The INS argues, second, that a fee award in this case is proscribed by § 292 of the Immigration and Nationality Act 2

The 1985 House Report on EAJA’s reenactment observed that the actual cost of awards in administrative adjudications was only a tiny fraction of what had originally been estimated. The 1980 House Report had projected $19.4 million in fiscal year (FY) 1982, $21.3 million in FY 1983, and $22.4 million in FY 1984, for a total of $63.1 million. See House Report, at 23. The actual outlays totaled only about $158,000—roughly onequarter of one percent of the original estimate. See H. R. Rep. No. 99– 120, pp. 8–9 (1985). The 1985 Report describes this situation as a “problem in implementing the Act” caused by overly narrow judicial and agency interpretations.