Miranda v. Sessions

LYNCH, Circuit Judge.

Frank Edney Monteiro Miranda, who was once deemed to be a U.S. citizen by an immigration judge (“IJ”) in 2007 and escaped the possibility of removal, now petitions for that determination to be considered binding in 2016 removal proceedings before a second IJ, who ordered Miranda removed based on his conviction for a drug felony. The Board of Immigration Appeals (“BIA”) dismissed Miranda’s appeal, and he petitions for review. Miranda argues that the doctrine of res judicata should have barred the second IJ and the BIA from readjudicating the issue of his citizenship,…