Rodriguez v. Holder, 705 F.3d 207, (5th Cir. Jan. 16, 2013) (Texas conviction of attempted sexual assault, in violation of Texas Penal Code 22.011(a)(1(C) [(1) intentionally or knowingly: . . . (C) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;], did not categorically constitute an aggravated felony crime of violence for immigration purposes, because in a sexual encounter with a physician or a clergyman [both contained within the statutory definition of without consent], a victim could factually assent to the sexual relation, despite consent being deemed a legal nullity. In such situations, there is not a substantial risk that physical force may be used because there is not the same risk that the victim may figure out what's really going on and decide to resist as there would be if, as in Zaidi, a victim could wake up and resist an ongoing assault.); quoting Zaidi v. Ashcroft, 374 F.3d 357, 358 (5th Cir.2004) (per curiam).