Zaidi v. Ashcroft, 374 F.3d 357
(5th Cir. June 21, 2004) (Oklahoma conviction for sexual battery
("the intentional touching, mauling or feeling of the
body or private parts of any person sixteen (16) years of
age or older, in a lewd and lascivious manner and without
the consent of that other person . . . ."), in violation
of Okla. Stat. Ann. tit. 21, § 1123(B), constituted a "crime
of violence," as defined in 18 U.S.C. § 16(b), and thus
an aggravated felony under INA § 101(a)(43)(F), 8 U.S.C.
1101(a)(43)(F), rendering the noncitizen subject to removal,
under INA § 237(a)(2)(A)(iii), 8 U.S.C. 1227(a)(2)(A)(iii),
because the unconsented touching created a substantial risk
that force would be used to complete the offense, and consequently
the court of appeal lacked jurisdiction to review the final
order of removal).