The Board of Immigration Appeals (BIA) held that under the doctrine of res judicata, removal proceedings are barred even if the respondent was erroneously granted adjustment of status in the prior proceedings. The case, In re: Jesus Gaytan-Castro, involved the issue of whether the Gaytan-Castro was eligible for adjustment of status pursuant to his father's visa petition. Gaytan-Castro was granted adjustment of status.
The BIA reviewed and agreed with the Immigration Judge's decision that the removal proceedings must be terminated because the doctrine of res judicata requires that once a final judgment on the merits of an action is rendered, the parties are barred from relitigating the issues that could have been raised in that action. Therefore, the BIA concluded here that when an erroneous grant of adjustment of status arose, the Department of Homeland Security (DHS) had the option of filing a timely appeal or a motion to reopen and rescind, which it failed to do, and is now barred from proceeding with new termination proceedings.
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