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CRUZ RODRIGUEZ v. GARLAND

No. 19-60456.

993 F.3d 340 (2021)

Marcos A. CRUZ RODRIGUEZ, also known as Marcos Cruz-Rodriguez, Petitioner, v. Merrick GARLAND, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

FILED April 1, 2021.

Attorney(s) appearing for the Case

Stephen Joseph O'Connor , O'Connor & Associates, P.L.L.C., Austin, TX, for Petitioner.

Nelle Montgomery Seymour , Office of Immigration Litigation, Spencer Shucard , U.S. Department of Justice, Civil Division/OIL, Washington, DC, for Respondent.

Before King, Smith, and Haynes, Circuit Judges.

Marcos A. Cruz Rodriguez, a legal permanent resident, was charged with robbery in Texas state court. As a result of this, Cruz Rodriguez was twice charged as removable by the federal government, once in 2012, and again, in 2016. He challenged the second removability charge as barred by res judicata. But, because the

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