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In the Matter of Barragan-Garibay

15 I&N Dec. 77 (B.I.A. 1974)
In the Matter of Barragan-Garibay

13 Cited authorities

  1. Commissioner v. Sunnen

    333 U.S. 591 (1948)   Cited 1,741 times   2 Legal Analyses
    Holding that when a court has entered a final judgment dismissing a claim, the parties to the suit are precluded from relitigating it

  2. Lawlor v. Nat'l Screen Serv.

    349 U.S. 322 (1955)   Cited 883 times   2 Legal Analyses
    Holding that two suits were not "based on the same cause of action," because "[t]he conduct presently complained of was all subsequent to" the prior judgment and it "cannot be given the effect of extinguishing claims which did not even then exist and which could not possibly have been sued upon in the previous case"

  3. Leng May Ma v. Barber

    357 U.S. 185 (1958)   Cited 209 times
    Holding that an alien's parole into the United States "did not alter her status as an excluded alien"

  4. Tait v. Western Maryland Railway Co.

    289 U.S. 620 (1933)   Cited 299 times
    In Tait v. Western Maryland Railway, 289 U.S. 620, 53 S.Ct. 706, (1933), the plaintiff taxpayer had won a previous action against the Commissioner of Internal Revenue. The Court held that the defendant tax collector in Tait was bound by the prior judgment as a privy to the Commissioner, because the tax collector was an official acting under the government and the Commissioner.

  5. Cromwell v. County of Sac

    94 U.S. 351 (1876)   Cited 1,567 times   3 Legal Analyses
    Holding for the purpose of res judicata that, because the two suits involved separate contracts, a prior suit for recovery of coupons attached to bonds did not involve the same claim as a later suit for recovery of later maturing coupons attached to the same bonds

  6. Tipler v. E.I. duPONT deNEMOURS and Co.

    443 F.2d 125 (6th Cir. 1971)   Cited 234 times
    Finding by N.L.R.B. that dismissal not due to union activity or racial bias held not binding in subsequent federal suit under Civil Rights Act of 1964 where different primary basis for relief

  7. Pena-Cabanillas v. United States

    394 F.2d 785 (9th Cir. 1968)   Cited 116 times
    Finding 8 U.S.C. § 1326, which criminalizes illegal reentry, was "not based on any common law crime"

  8. Kaplan v. Tod

    267 U.S. 228 (1925)   Cited 109 times
    Holding a girl was under official restraint even though she was "handed over to the Hebrew Sheltering and Immigrant Aid Society," which in turn allowed her to live with her father

  9. United States v. Rangel-Perez

    179 F. Supp. 619 (S.D. Cal. 1959)   Cited 25 times
    In Rangel-Perez, the court recognized that the majority of the courts "lean toward acceptance of the view that the doctrine of collateral estoppel, while available to the accused against the Government is not available to the prosecutor in Federal criminal cases".

  10. Title v. Immigration and Naturalization Service

    322 F.2d 21 (9th Cir. 1963)   Cited 17 times
    Holding that collateral estoppel "should not be exercised in such a manner as to work an injustice"

  11. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,718 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  12. Section 1325 - Improper entry by alien

    8 U.S.C. § 1325   Cited 1,320 times   12 Legal Analyses
    Penalizing improper entry into U.S. by virtue of willful false statement of material fact