United States v. Luis Rocha Flores

921 F.3d 1133

Opinion

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 , we held that Texas "Assault-Family Violence" is a "crime of violence." See 920 F.3d 252 , 253-54 (5th Cir. 2019) (per curiam) (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.