Harry Alphonso Bowleg, Appellant, v. Department of Justice, et al, 971 F.2d 765 (D.C. Cir. 1992)

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US Court of Appeals for the District of Columbia Circuit - 971 F.2d 765 (D.C. Cir. 1992) June 5, 1992

Before WALD, D.H. GINSBURG and SENTELLE, Circuit Judges.

ORDER

PER CURIAM.


Upon consideration of appellees' motion for summary affirmance, and the response thereto, it is

ORDERED that the motion for summary affirmance be granted. Appellant's claims related to the constitutionality of his arrest, conviction and deportation are based on issues that were finally decided in prior actions, therefore those claims are barred by the doctrine of res judicata. See Park Lane Hosiery Co. v. Shore, 439 U.S. 322, 326, n. 5 (1979); McCord v. Bailey, 636 F.2d 606, 609-10, n. 3 (D.C. Cir. 1980), cert. denied, 451 U.S. 983 (1981). Appellant's challenges to the Board of Immigration Appeals' finding of deportability are barred by the statute of limitations. See 8 U.S.C. § 1105a(1).

The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. Rule 15.