CA5 on Res Judicata, CIMT, Admission: Diaz Esparza II

Diaz Esparza II

"Santiago Alejandro Diaz Esparza seeks review of a Board of Immigration Appeals (BIA) decision finding him subject to removal under 8 U.S.C. § 1227(a)(2)(A)(ii), which permits the deportation of aliens who commit two crimes involving moral turpitude (CIMTs) after admission to the United States.1 Diaz Esparza argues that this court should vacate the BIA’s decision because res judicata bars the removal proceedings against him, he has not been convicted of two CIMTs, and his convictions did not occur after admission. For the reasons that follow, Diaz Esparza’s arguments are unavailing, and we dismiss his petition for review. ... As explained above, res judicata does not bar this removal proceeding, deadly conduct is categorically a CIMT, and Diaz Esparza was admitted to the United States when he adjusted his status to that of a lawful permanent resident. Accordingly, we DISMISS the petition for review."

[Despite this setback, hats off again to two battle-hardened Generals in the "New Due Process Army," Raed Gonzalez and Ross Miller, who have fought this case for so long and so hard.  I suspect this is NOT the end of the road!]