United States Fifth Circuit

In an immigration case on remand from the Supreme Court of the U.S., a petition for a writ of habeas corpus is converted into a petition for review and denied where: 1) a constitutional claim challenging petitioner's detention was meritless; 2) the BIA did not err in characterizing petitioner's assault and battery conviction as an aggravated felony; and 3) petitioner's adjustment of status was not adjudicatory in nature, and thus was not entitled to res judicata effect.

Appellate Information

• Decided 08/01/2006
• Published 08/02/2006

Judges

• EDITH H. JONES, Chief Judge:, Before JONES, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Rebecca L. Hudsmith, Fed. Pub. Def. (argued), Lafayette, LA, for Andrade.


• For Appellees:
  
• Katherine Wharton Vincent, Asst. U.S. Atty. (argued), Sara K. Blackwell, Lafayette, LA, for Respondents-Appellees.