Legal Opinion
PEREZ-VALLE
Board of Immigration Appeals
Decided July 1, 1980No. ID 2839Published
1Opinion of the Court
Interim Decision #2839 MATTER OF PEREZ-VALLE In Deportation Proceedings A-19981512 Decided by Board November 19, 1980 (1) Where the judgment in a criminal case is an acquittal, rather than a conviction, collateral estoppel is applicable in a subsequent criminal case as to matters neces- sarily determined in reaching the acquittal. Ashy v. Swenson.
397 U.S. 436
(1970). (2) Collateral estoppel is not applied with respect to an acquittal to bar a subsequent civil quit because of the differences between civil and criminal law and procedure. Helvering v. Mitchell,
303 U.S. 391
(1938). (3) Where a…
2Cases cited18 opinions
- Ashe v. SwensonSupreme Court of the United States · 1970
- United States v. BallSupreme Court of the United States · 1896
- Helvering v. MitchellSupreme Court of the United States · 1938
- Woodby v. Immigration & Naturalization ServiceSupreme Court of the United States · 1966
- Standefer v. United StatesSupreme Court of the United States · 1980
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