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BRAVO-PEDROZA v. GONZALES

No. 03-73999.

475 F.3d 1358 (2007)

Jairo BRAVO-PEDROZA, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed February 6, 2007.

Attorney(s) appearing for the Case

Mónica M. Ramírez (argued), Lucas Guttentag, American Civil Liberties Union Foundation Immigrants' Rights Project, San Francisco, CA, for the petitioner.

Blair T. O'Connor, Assistant United States Attorney, Washington, D.C., for the respondent.

Before JOHN T. NOONAN and RICHARD R. CLIFTON, Circuit Judges, and GEORGE P. SCHIAVELLI, District Judge.

NOONAN, Circuit Judge.

This case presents the question of whether res judicata bars the Secretary of Homeland Security (the Secretary) from initiating a second deportation case on the basis of a charge that he could have brought in the first case, when, due to a change of law that occurred during the course of the first case, he lost the first case. We hold that the Secretary is barred.

FACTS AND PROCEEDINGS

Jairo Bravo-Pedroza (Bravo), the petitioner...

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