Alvear-Velez v. Mukasey

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a “claim” consists of the underlying factual events rather than the legal theories advanced
• holding that, as a general matter, res judicata applies to administrative hearings and works to minimize “the expense and vexation attending multiple lawsuits”
• noting that “a cause of action consists of ‘a core of operative facts which give rise to a remedy’” (citation omitted)
• refusing to apply res judicata where to do so “would be inconsistent with [the] statutory scheme and therefore would frustrate” congressional policy decisions
• finding res judicata inapplicable where “the ground that the immigration authorities now invoke was unavailable to them in the first proceeding”
• explaining that identity of the cause of action “is determined by using the operative facts or same transaction test” and that res judicata prevents a party from using “several theories of recovery as the basis for separate suits.” (Internal quotation marks omitted.)

Source: CourtListener parenthetical corpus (CC0).