Marvin L. Stewart v. Alejandro N. Mayorkas, Secretary of Homeland Security, et al.

When the Ninth Circuit renders a judgement that is contrary to other Circuit Courts' opinions and this Court's opinion, regarding res judicata and claims preclusion, when the actions of the U.S. COAST GUARD on June 14, 2019, occurred after the U.S. Coast Guard Board for Correction of Military Records on ("BCMRCG") Decision Docket No. 176.95 on August 23,1995, and the facts were not in existence at the time of the original action. Rule 14.1(a) The Questions Presented are: do Whether a claim based on actions of the Respondents, and facts that were not yet in existence at the time of the original action is precluded by claims preclusion? (2.) Whether res judicata can bar a claim predicated on events that have not yet transpired? (3.) Whether the Board For Correction of Military Records United States Coast Guard ("BCMRCG") failed to fulfill its statutory obligation to correct an injustice and make Petitioner whole by correcting the injustice in the Service Health Records, when evidence was presented, that Petitioner never took the Mandatory Physical Examination for discharge on September 22,1971, December 6,1971, or on September 21,1973?