Jairo Bravo-Pedroza v. Alberto R. Gonzales, Attorney General

This case presents the question of whether res judicata bars the Secretary of Homeland Security (the Secretary) from initiating a second deportation case on the basis of a charge that he could have brought in the first case, when, due to a change of law that occurred during the course of the first case, he lost the first case. We hold that the Secretary is barred.

FACTS AND PROCEEDINGS

Jairo Bravo-Pedroza (Bravo), the petitioner, is a native and citizen of Colombia, who was admitted as a lawful permanent resident of the United States in 1977. In 1985, he was convicted under CaLPenal Code § 211 of robbery. In 1986, he was convicted under Cal.Penal Code § 459 of burglary. In 1990, the Immigration and Naturalization Service (the INS) charged Bravo with deportability on the basis of these two convictions involving moral turpitude. The Immigration Judge found him deportable but granted him relief under former Immigration and Naturalization Act § 212(c), 8 U.S.C. § 1182 (c) (1990). In 1992, he was convicted under Cal. Veh. Code § 10851 (a) of taking a vehicle without the consent of the owner. In 1996, he was convicted under CaLPenal Code § 666 of petty theft with priors and sentenced…