Valencia-Alvarez v. Gonzales, 469 F.3d 1319 (9th Cir. Dec. 6, 2006) (DHS was not barred by res judicata from asserting additional charges after the BIA held that underlying conviction was not an aggravated felony because the BIA decision was not a final judgment rendered on the merits in a separate action). http://caselaw.lp.findlaw.com/data2/circs/9th/0570275p.pdf