Transmission Control Protocol (TCP) is the most important transport layer protocol being used nowadays. It suffers from many problems over mobile networks especially over Cognitive Radio (CR). CR is one of the latest mobile technologies that brings its own share of problems for TCP. The buffer overflow for CR secondary network relay node can affect the performance of TCP. The contribution of this paper is the novel cross-layer model being used to evaluate the effect of the TCP congestion control on the secondary relay node buffer size in Cognitive Radio Network (CRN). The performance has been assessed by buffer overflow probability.