Lopez v. Pompeo, No. 18-40175 (5th Cir. 2019)
Annotate this CaseWhen this court dismisses a case due to failure of one particular jurisdictional element, and the party later cures that jurisdictional defect and brings a new suit, res judicata does not bar the second suit. Plaintiff filed a second suit seeking a judicial declaration of U.S. citizenship under 8 U.S.C. 1503(a). In the appeal from the first suit, the Fifth Circuit held that plaintiff was not within the United States at the time of suit. This jurisdictional failure has been cured in this second suit and therefore the court reversed the dismissal of the second suit on res judicata grounds and remanded for further proceedings.
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