(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).

Fifth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - THIRD DEGREE CRIMINAL SEXUAL CONDUCT
United States v. Fernandez-Cusco, __ F.3d __ (5th Cir. Apr. 20, 2006) (Minnesota felony conviction for third degree sexual conduct, under Minn. Stat. 8 609.344, is not necessarily a "forcible sex offense," and therefore not categorically a crime of violence for illegal re-entry sentencing purposes).
http://caselaw.lp.findlaw.com/data2/circs/5th/0540289cr0p.pdf

AGGRAVATED FELONY - CRIME OF VIOLENCE - ATTEMPTED SEXUAL BATTERY
United States v. Meraz-Enriquez, __ F.3d __, 2006 WL 515477 (5th Cir. Mar. 3, 2006) (Kansas conviction of attempted sexual battery, in violation of Kan. Stat. Ann. 21- 3518, which punishes a sexual touching of a person who is too intoxicated to be able to give consent to the touching, is not a crime of violence for illegal re-entry sentencing purposes because the offense does not require the use of force).

Ninth Circuit

AGGRAVATED FELONY " CRIME OF VIOLENCE " SEXUAL BATTERY
United States v. Espinoza-Morales, 621 F.3d 1141 (9th Cir. Sept. 10, 2010) (California conviction of sexual battery, in violation of Penal Code 243.4(a), unlawful sexual touching of a restrained person, did not constitute a crime of violence for illegal re-entry sentencing purposes, since the offense may be committed through duress, and without use of force).

AGGRAVATED FELONY " CRIME OF VIOLENCE " PENETRATION WITH FOREIGN OBJECT
United States v. Espinoza-Morales, 621 F.3d 1141 (9th Cir. Sept. 10, 2010) (California conviction for penetration with a foreign object, in violation of California Penal Code 289(a)(1), does not categorically constitute a crime of violence for illegal re-entry sentencing purposes, since the offense may be committed through duress alone, and without use of force).