Dormescar v. Holder, Jr., No. 10-15822 (11th Cir. 2012)
Annotate this CasePetitioner Odulene Dormescar, a native and citizen of Haiti, appealed a removal order issued by an immigration judge because he had been convicted of an aggravated felony. The Board of Immigration Appeals dismissed his appeal of that order. He has petitioned the Eleventh Circuit for review. His petition presented three issues: (1) whether the Eleventh Circuit had subject matter jurisdiction; if it did, then the second (2) issue was whether res judicata barred the Department of Homeland Security’s proceedings against Petitioner based on the aggravated felony conviction. If it did not, the third (3) issue was whether the Department had the authority to amend the notice to appear to charge Petitioner as "admitted to the United States, but . . . removable" when he was originally charged as an inadmissible "arriving alien." Upon review, the Eleventh Circuit concluded that it had jurisdiction over this case, res judicata did not apply, and that the Department had the authority to amend the notice to appear to charge Petitioner as admitted but removable.
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