Gonzalez-Garcia v. Gonzales, 431 F.3d
234 (5th Cir. Nov. 16, 2005) (Texas conviction of assault,
in violation of Tex. Penal Code § 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).
jurisdiction:
Fifth Circuit