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Duhaney v. AG of the United States

Facts

Duhaney, a lawful permanent resident since 1973, was convicted in 1985 of manslaughter and criminal possession of a weapon. He was later found removable based on a conviction for possession of a controlled substance, which was vacated in 2006. Following the vacatur, both Duhaney and the government filed motions to reopen the removal proceedings, leading to new charges based on his earlier convictions being lodged against him.

Duhaney, a lawful permanent resident since 1973, was convicted in 1985 of manslaughter and criminal possession of a weapon. He was later found removable based on a conviction for possession of a controlled substance, which was vacated in 2006. Following the vacatur, both Duhaney and the government filed motions to reopen the removal proceedings, leading to new charges based on his earlier convictions being lodged against him.

Issue

Whether the BIA erred in remanding the case rather than terminating the prior order of removal and whether res judicata precluded the government from adding new charges of removability.

Whether the BIA erred in remanding the case rather than terminating the prior order of removal and whether res judicata precluded the government from adding new charges of removability.

Rule

Res judicata does not preclude the government from adding charges to a notice to appear based on convictions that could have been raised during prior proceedings, as a new 'cause of action' is involved.

Res judicata does not preclude the government from adding charges to a notice to appear based on convictions that could have been raised during prior proceedings, as a new 'cause of action' is involved.

Analysis

The court found that the BIA did not err by remanding the case instead of terminating the removal order. It held that the vacatur of Duhaney's 2000 conviction presented new facts that justified the remand, allowing the government to lodge additional charges based on Duhaney's earlier convictions.

The court found that the BIA did not err by remanding the case instead of terminating the removal order. It held that the vacatur of Duhaney's 2000 conviction presented new facts that justified the remand, allowing the government to lodge additional charges based on Duhaney's earlier convictions.

Conclusion

The court denied Duhaney's petition for review, affirming the BIA's decision to remand the case and allowing the government to add new charges.

The court denied Duhaney's petition for review, affirming the BIA's decision to remand the case and allowing the government to add new charges.

Who won?

The government prevailed in the case as the court upheld the BIA's decision to remand the proceedings and allow new charges based on Duhaney's earlier convictions.

The government prevailed in the case as the court upheld the BIA's decision to remand the proceedings and allow new charges based on Duhaney's earlier convictions.

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