United States Ninth Circuit

A petition for review of determinations by the BIA that petitioner was removable for having been convicted of a controlled substance offense and that he was ineligible for cancellation of removal are denied over claims that: 1) that respondent was barred by res judicata from asserting additional charges after the BIA held that petitioner's underlying conviction was not an aggravated felony; and 2) a statutory provision, which "stops" an alien's accrual of continuous presence in the United States at the time that he commits a crime, may not be applied retroactively to petitioner's 1996 offense.

Appellate Information

• Argued 06/07/2006
• Decided 12/06/2006
• Published 12/06/2006

Judges

• CALLAHAN, Circuit Judge., Before THOMPSON, TASHIMA, and CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Bernice Funk, Seattle, WA, for the petitioner.


• For Appellees:
  
• Peter D. Keisler, David V. Bernal, Russell J.E. Verby, Cindy S. Ferrier, Department of Justice, Washington, D.C., for the respondent.