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· 12/22/2011

Maldonado v. U.S. Attorney General

Citations

  • 664 F.3d 1369
  • 2011 U.S. App. LEXIS 25564
  • 2011 WL 6439350

How courts have described this case

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

  • holding that the court had subject matter jurisdiction before analyzing res judicata issue
  • stating that “[b]ecause res judicata determinations are pure questions of law, we review them de novo,” but where privity was not at issue
  • “Even though § 1252(a)(2)(C) would otherwise generally bar jurisdiction, we may consider [petitioner’s] res judicata challenge on the merits.”
  • “A new claim is barred by res judicata if it is based on a legal theory that was or could have been used in the prior action.”
  • “A new claim is barred by res judicata if it is based on a legal theory that was or could have been used in the prior action.”
  • “It is by now hornbook law that the doctrine of res judicata bars the filing of claims which were raised or could have been raised in an earlier proceeding.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hull, Marcus, Black

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.