United States Ninth Circuit

A petition for review of a removal order is granted where the Secretary of Homeland Security is barred by res judicata from initiating a second deportation case on the basis of a charge that he could have brought in an earlier case, when, due to a change of law that occurred during the course of the first case, he lost that case.

Appellate Information

• Argued 01/10/2007
• Decided 02/06/2007
• Published 02/06/2007

Judges

• NOONAN, Circuit Judge., Before JOHN T. NOONAN and RICHARD R. CLIFTON, Circuit Judges, and GEORGE P. SCHIAVELLI, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Mónica M. Ramírez (argued), Lucas Guttentag, American Civil Liberties Union Foundation Immigrants' Rights Project, San Francisco, CA, for the petitioner.


• For Appellees:
  
• Blair T. O'Connor, Assistant United States Attorney, Washington, D.C., for the respondent.