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132178P.pdf   06/06/2014  Pablo Cabrera Cardona  v.  Eric H. Holder, Jr.
   U.S. Court of Appeals Case No:  13-2178
   Petition for Review of an Order of the Board of Immigration Appeals   
   [PUBLISHED] [Shepherd, Author, with Riley, Chief Judge and Gruender, 
   Circuit Judge] 
   Petition for Review - Immigration (OMAHA IMMIGRATION COURT). While this 
   circuit has yet to determine whether res judicata applies in immigration 
   cases, it is not necessary to resolve the issue because petitioner cannot 
   satisfy the res judicata elements as the two convictions relied on in the 
   two administrative proceedings (manslaughter and witness tampering) arose 
   out of different facts, require different proof and redress different 
   wrongs, and a removal proceeding based on the tampering conviction is not 
   barred by the BIA's determination in an earlier proceeding that petitioner 
   could not be removed based on his manslaughter conviction.