Stanislav Kopunec, Etc., Cross-Appellant v. Alan C. Nelson, Etc., Cross-Appellees

SAM, District Judge.

FACTS

The Immigration and Naturalization Service (referred to hereinafter as the INS) appeals the district court’s award of attorney’s fees and costs to Mr. Kopunec, a South African citizen who avoided immediate deportation by obtaining in district court a reversal of the INS’s “automatic revocation” of his visa.

In 1979, Mr. Kopunec came with his family from South Africa to the United States. He went into business for himself restoring old cars. He later issued some of the stock in his business to Jan Tichy, and they continued the business together under the name “Auto…