152223P.pdf   06/06/2016  Jose Estrada-Rodriguez  v.  Loretta Lynch
   U.S. Court of Appeals Case No:  15-2223
   Petition for Review of an Order of the Board of Immigration Appeals   
   [PUBLISHED] [Smith, Author, with Murphy and Benton, Circuit Judges] 
   Petition for Review - Immigration. The IJ was not collaterally estopped 
   from reconsidering the issue of whether petitioner's prior conviction for 
   assault was a crime involving moral turpitude (CIMT) as the prior 
   determination that it was not such a crime was not a valid and final 
   judgment in a prior action between petitioner and the DHS; instead the 
   determination was made at an earlier stage of the same action and was 
   reconsidered pursuant to the reopening of the matter; nor did the agency 
   err in determining the doctrine of law of the case did not preclude 
   reconsideration based on factually similar cases that called into question 
   the correctness of the IJ's earlier determination that the offense was not 
   a CIMT; regardless of the level of deference paid the agency's 
   determination, petitioner's Arkansas assault conviction under Arkansas 
   Code Annotated Section 5-13-205, in its 2004 form, was categorically a 
   CIMT.