Dormescar v. U.S. Attorney General, 690 F.3d 1258, 1269-70 (11th Cir. Aug. 15, 2012) (DHS was not barred by res judicata from seeking to remove noncitizen based on his aggravated felony conviction where noncitizen had first been charged, and found not removable under INA 212, 8 U.S.C. 1182, because the DHS could not have successfully brought the aggravated felony charge under 1227(a) until after Dormescar was deemed admitted).

 

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