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JANJUA v. NEUFELD

No. 17-16558.

933 F.3d 1061 (2019)

Khalil JANJUA, Plaintiff-Appellant, v. Donald NEUFELD, Associate Director, USCIS Nebraska Service Center; Kenneth T. Cuccinelli, Acting Director, USCIS; United States Citizenship and Immigration Service; Kevin K. McAleenan, Acting Secretary, U.S. Department of Homeland Security; U.S. Department of Homeland Security; William P. Barr, U.S. Attorney General, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 9, 2019.

Attorney(s) appearing for the Case

Morgan Russell (argued), San Francisco, California; Robert B. Jobe, and Anna Benvenue, Law Office of Robert B. Jobe, San Francisco, California, for Plaintiff-Appellant.

Kathrine J. Shinners (argued) and Brian C. Ward, Senior Litigation Counsel; Gisela A. Westwater, Assistant Director; William C. Peachey, Director; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellees.

Before: J. Clifford Wallace, A. Wallace Tashima, and M. Margaret McKeown, Circuit Judges.

OPINION

In this case we address, as a matter of first impression in our Circuit, the standard for determining whether an issue was "actually litigated" in a previous adjudication for purposes of issue preclusion, also known as collateral estoppel. We hold that an issue was actually litigated only if it was raised...

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