United States v. Luis Rocha Flores

Apr 30, 2019

17-20666

Versions:921 F.3d 1133

Appeal from the United States District Court for the Southern District of Texas

Before HAYNES, GRAVES, and HO, Circuit Judges.

PER CURIAM:

Luis Javier Rocha Flores contends that Texas assault of a public servant is not an “aggravated felony” under 8 U.S.C. § 1326(b)(2), because it is not a “crime of violence.” See 8 U.S.C. § 1326(a), (b)(2) (requiring commission of an “aggravated felony,” defined in part as a “crime of violence“); TEX. PEN. CODE § 22.01(a)(1), (b)(1) (providing the elements of Texas assault of a public servant).

But, in United States v. Gracia-Cantu, 920 F.3d 252 (5th Cir. 2019) (per curiam), we held that Texas “Assault—Family Violence” is a “crime of violence.” See Id. at 253-54 (citing United States v. Reyes-Contreras, 910 F.3d 169 (5th Cir. 2018) (en banc)). Because Texas assault of a public servant has substantively identical elements, we conclude that it is also a “crime of violence.” It is therefore an “aggravated felony” under 8 U.S.C. § 1326(b)(2). Accordingly, we affirm.