¶1UNITED STATES of America, Plaintiff - Appellee
v.
Luis Javier ROCHA FLORES, Defendant - Appellant
¶2John Richard Berry, Carmen Castillo Mitchell, Assistant U.S. Attorneys, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.
¶3Marjorie A. Meyers, Federal Public Defender, Evan Gray Howze, Scott Andrew Martin, Assistant Federal Public Defenders, Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.
¶4Before HAYNES, GRAVES, and HO, Circuit Judges.
¶6Luis 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." See8 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).
¶7But, in United States v. Gracia-Cantu , we held that Texas "Assault-Family Violence" is a "crime of violence." See920 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.