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BIA Says DHS Is Not Precluded by Res Judicata from Initiating Separate Proceedings

Declining to follow the Ninth Circuit’s ruling in Bravo-Pedroza v. Gonzales, the BIA held that DHS is not precluded by res judicata from initiating a separate proceeding to remove a foreign national as one convicted of an aggravated felony burglary offense under INA §101(a)(43)(G), based on the same conviction that supported a crime of violence aggravated felony charge under §101(a)(43)(F) in the prior proceeding.

Virgina Ct. Says Burglary NOT aggravated felon

The Fourth Circuit denied the petition for review, holding that the offense of statutory burglary in Virginia does not constitute an aggravated felony under the categorical approach for purposes of immigration law.

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