United States Ninth Circuit

In a petition for review of the BIA's decision reversing an order of an Immigration Judge (IJ) and dismissing petitioner's appeal of the IJ's subsequent order of removal, the petition is denied where: 1) res judicata did not bar the government from using petitioner's 2003 shoplifting conviction because it did not bring it up in its first removal proceedings; and 2) the vacatur of petitioner's conviction for shoplifting in Arizona was for rehabilitative purposes and therefore, the government could use this conviction in his subsequent removal proceeding.

Appellate Information

• Argued 03/12/2010
• Decided 06/02/2010
• Published 06/02/2010

Judges

• Before PROCTER HUG, JR. and JAY S. BYBEE, Circuit Judges, and JAMES S. GWIN,District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John Martin Pope, Pope & Associates, P.C., Phoenix, AZ, for the petitioner.


• For Appellees:
  
• Aric A. Anderson, Trial Attorney, U.S. Department of Justice, Washington, D.C., for the respondent.