The Fifth Circuit determined that the Department of Homeland Security was not precluded from bringing an aggravated felony charge based on the petitioner’s burglary conviction after the Board of Immigration Appeals terminated proceedings based on an aggravated felony charge related to the petitioner’s evading police conviction. “Because the two proceedings against Chavez did not deal with the same claim or cause of action, res judicata did not preclude the DHS from seeking to remove Chavez on the basis of his burglary conviction.”
The full text of Chavez-Mercado v. Barr can be found here:
http://www.ca5.uscourts.gov/opinions/pub/17/17-60212-CV0.pdf