The petitioner was convicted of robbery in Texas and charged with deportability for a crime involving moral turpitude. He readjusted status with a waiver, and subsequently, violated probation, resulting in a prison sentence. The Department of Homeland Security then charged him with deportability for an aggravated felony. The Fifth Circuit found that res judicata did not apply because the Department of Homeland Security could not have brought the aggravated felony charge in the first proceeding.
The full text of Cruz Rodriguez v. Garland can be found here:
https://www.ca5.uscourts.gov/opinions/pub/19/19-60456-CV0.pdf