Tuesday, February 06, 2007

Bravo-Pedroza v. Gonzales (9th Cir. - Feb. 6, 2007)

Rarely do I have the opportunity to congratulate the Ninth Circuit on writing an entirely persuasive and outstanding opinion that's also incredibly concise. But that's precisely the case here.

Judge Noonan writes a short, three-page opinion that basically says "When the INS moves to deport you, and loses, they can't thereafter move to deport you again on those same grounds. That's res judicata, even if the law has changed in the meantime. Moreover, the relevant regulations say you can't do this either. You lost; get over it. You can't keep relitigating in the hopes that you'll eventually win." Judge Noonan says it far more persuasively than I just did, but the basic message is the same.

This is an excellent opinion. I can't think of a single paragraph I'd cut out or a single paragraph I'd add. And that's saying something. P.S. - It also achieves the right result.