Oscar Vasquez-Castillion v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
OSCAR VASQUEZ-CASTILLION,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-70663
Agency No. A028-943-689
MEMORANDUM*
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
FILED
JUL 19 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-70663 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.

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