FILED
NOT FOR PUBLICATION JUL 19 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
OSCAR VASQUEZ-CASTILLION, No. 08-70663
Petitioner, Agency No. A028-943-689
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 29, 2010 **
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Oscar Vasquez-Castillion, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s deportation order. We have jurisdiction under
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
8 U.S.C. § 1252. We review de novo questions of law, Kankamalage v. INS, 335
F.3d 858, 861-62 (9th Cir. 2003), and we deny the petition for review.
The doctrine of res judicata does not bar the government from filing an
additional charge of deportability against Vasquez-Castillion because the BIA’s
remand order is not a final judgment, rendered on the merits in a separate action.
See 8 C.F.R. § 1240.10(e); Valencia-Alvarez v. Gonzales, 469 F.3d 1319, 1323-24
(9th Cir. 2006).
PETITION FOR REVIEW DENIED.
2 08-70663