Maldonado v. U.S. Attorney General, No. 10-13536 (11th Cir. 2011)
Annotate this CasePetitioner, a native and citizen of Mexico, petitioned for review of the decision of the BIA affirming an order that denied his motion to terminate removal proceedings based on his prior convictions. In 1994, the government first charged petitioner with removeability based on multiple convictions for child molestation and the IJ terminated those proceedings after finding that his convictions did not fall within the INA's definition of "aggravated felony." The government again charged petitioner with removability based on his 1993 convictions after Congress changed the law, codifying an expanded definition of aggravated felony to include "sexual abuse of a minor." The court agreed with the district court and held that res judicata did not bar the current removal proceedings against petitioner because they were based on a ground for removal that did not exist when the prior proceedings were terminated. Accordingly, the petition for review was denied.
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