Cabrera v. Holder, Jr.

Petitioner, a native and citizen of El Salvador, petitioned for review of a decision of the BIA dismissing his appeal from the IJ's order of removal. Petitioner admitted that the tampering with evidence conviction justified his removal. However, he argued that res judicata barred DHS from bringing the removal proceedings against him because the tampering with evidence conviction arose from the same nucleus of operative fact as the manslaughter conviction. The court concluded that petitioner's manslaughter and tampering with evidence convictions are two different causes of action that arose out of different facts, required different proof, and redressed different wrongs. Therefore, assuming without deciding that res judica principles applied to immigration proceedings, the requisite elements are not present and the removal proceedings are not barred. Accordingly, the court denied the petition for review. View "Cabrera v. Holder, Jr." on Justia Law