Paulo v. Holder, ___ F.3d ___, 2011 WL 1663572 (9th Cir. May 4, 2011) (res judicata binds BIA to the final decision of the district court, which held that petitioner, a native and citizen of the Philippines, is eligible for discretionary relief under INA 212(c); issue preclusion bars re-litigation where one party could have raised an issue but failed to do so during the original hearing; even if issue preclusion allows re-litigation in light of a subsequent change in the law, Matter of Blake did not constitute a change in the law).

jurisdiction: 
Ninth Circuit

 

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