(United States First Circuit) - In a petition for review of a Board of Immigration Appeals (BIA) decision ordering petitioner removed based on his conviction of a drug felony,arguing that the doctrine of res judicata should have barred the moment IJ and the BIA from readjudicating the issue of his citizenship, finding that he is not a U.
S. citizen, ordering him removed,the petition is denied where: 1) the applicability of res judicata becomes immaterial before this court because of the jurisdictional limitations imposed by the Immigration and Nationality Act (INA); and 2) petitioner has failed to meet his burden of proving that he is a U.
S. citizen, thus the jurisdictional bar in section 1252(a)(2)(C) applies and precludes judicial review of the final order of removal against him.
Source: findlaw.com