United States Seventh Circuit

Petition for review of a BIA decision to remove petitioner on the ground that he had been convicted of an aggravated felony is denied where: 1) although a prior deportation proceeding based on the same felony conviction had already been concluded, res judicata did not apply to preclude the use of the conviction in a new removal proceeding because intervening legislation had retroactively expanded the definition of an aggravated felony to include petitioner's crime; and 2) transitional rules set forth in the Immigration Reform and Immigrant Responsibility Act applied only to procedural requirements for removing aliens and not to the substantive changes to the definition of aggravated felony.

Appellate Information

• Argued 04/01/2008
• Decided 09/02/2008
• Published 09/02/2008

Judges

• RIPPLE, Circuit Judge., Before CUDAHY, RIPPLE and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• William A. Quiceno (argued), Kempster, Keller & Lenz-Calvo, Chicago, IL, for Petitioner.


• For Appellees:
  
• Carol Federighi (argued), Department of Justice, Washington, DC, for Respondent.