United States Fifth Circuit

A petition for review of an order of the Board of Immigration Appeals is granted where res judicata barred a collateral jurisdictional attack on a previous decision of the BIA to grant petitioner's motion to reopen and terminate removal proceedings, and thus, the BIA abused its discretion in granting the motion to reconsider on that basis.

Appellate Information

• Decided 05/22/2006
• Published 05/22/2006

Judges

• BENAVIDES, Circuit Judge:, Before KING, SMITH and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Joyce A. Shatteen, Dallas, TX, for Guevara., Jennifer Paisner, David V. Bernal, Thomas Ward Hussey, Dir., U.S. Dept. of Justice, OIL, Washington, DC, Anne M. Estrada, U.S. INS, Dallas, TX, Caryl G. Thompson, U.S. INS, Attn: Joe A. Aguilar, New Orleans, LA, for Gonzales.