United States First Circuit

In a petition for review of a Board of Immigration Appeals (BIA) decision ordering petitioner removed based on his conviction of a drug felony, arguing that the doctrine of res judicata should have barred the second IJ and the BIA from readjudicating the issue of his citizenship, finding that he is not a U.S. citizen, and ordering him removed, the petition is denied where: 1) the applicability of res judicata becomes immaterial before this court because of the jurisdictional limitations imposed by the Immigration and Nationality Act (INA); and 2) petitioner has failed to meet his burden of proving that he is a U.S. citizen, thus the jurisdictional bar in section 1252(a)(2)(C) applies and precludes judicial review of the final order of removal against him.

Appellate Information

• Published 2017/04/05

Judges

• LYNCH

Court

• United States First Circuit

Counsel