Gonzalez-Garcia v. Gonzales, ___ F.3d ___, 2005 WL 3047411 (5th Cir. Nov. 16, 2005) (Texas conviction of assault, in violation of Tex. Penal Code Ann. 22.01(a)(3) ("intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative"), did not constitute a crime of violence aggravated felony under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), since "offensive or provocative contact" does not necessarily involve the use of physical force).
http://caselaw.lp.findlaw.com/data2/circs/5th/0460385cv0p.pdf