Dalombo Fontes v. Gonzales, ___ F.3d ___, 2007 WL 949590 (1st Cir. March 30, 2007) (finding that noncitizen could be found deportable in 1997 proceedings on the basis that he was convicted of a 1985 aggravated felony crime of violence, even though he was found not to be an aggravated felon in 1994 proceedings, when the aggravated felon crime of violence definition was not applied retroactively; court agreed with BIA that change of law is an exception to res judicata).