Safe Havens

(A)  Aggravated Felonies.  See also § 7.92, supra.

            Sexual assault would generally be found to be an aggravated felony crime of violence.[277]

Zaidi v. Ashcroft, 374 F.3d 357, n.5 (5th Cir. June 21, 2004) (declining to hold whether 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) (West 2002), constituted a “crime of violence,” as defined in 18 U.S.C. § 16(a), 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) and consequently the court of appeal lacked jurisdiction to review the final order of removal).

[277] INA § 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F).  See N. Tooby, Aggravated Felonies § § 5.13-5.15 (2003).