Garza-Gorena

Garza-Gorena v. Ashcroft

Good Law
114 F. App'x 925
United States Court of Appeals for the Ninth CircuitDecember 13, 2004No. 03-73348; Agency No. A10-523-269California266 words

Opinion

Lead Opinion

MEMORANDUM **

Jorge Luis Garza-Gorena, a native of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) order of removal. Because the transitional rules apply, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), our jurisdiction is governed by 8 U.S.C. § 1105a(a). We review de novo, Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002), and deny the petition.

Garza-Gorena’s sole contention is that he is a U.S. citizen and therefore cannot be removed for his criminal offenses. GarzaGorena’s alienage has been established twice, in his 1974 deportation hearing and in his 1987 conviction for illegal re-entry pursuant to 8 U.S.C. § 1326 . General principles of res judicata and collateral estoppel prevent him from re-litigating matters that were finally resolved in earlier proceedings. See Ramon-Sepulveda v. INS, 824 F.2d 749, 750 (9th Cir.1987) (per curiam) (holding that the doctrine of res judicata applies to deportation proceedings); see also Pena-Cabanillas v. U.S., 394 F.2d 785, 789 (9th Cir.1968) (holding that collateral estoppel bars an alien from asserting U.S. citizenship when he has been…

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