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Legal Opinion

Zaidi v. Ashcroft

Court of Appeals for the Fifth Circuit

Decided June 21, 2004No. 03-60288PublishedCited by 19 opinions

1Per curiam

This appeal raises the question whether a conviction for sexual battery under Oklahoma law constitutes a “crime of violence,” as defined in 18 U.S.C. § 16(b) and incorporated in the immigration laws, sufficient to deport the petitioner. Because we hold that it does, we lack jurisdiction and dismiss the petition.

I. BACKGROUND

Raza Zaidi is a 27-year-old native and citizen of Pakistan who was admitted into the United States as a non-immigrant student in August 2000. In June 2002, Zaidi pled nolo contendere to two counts of sexual battery in Oklahoma. Zaidi was given a suspended sentence of two…

2Cases cited10 opinions

  1. United States v. Moises Chapa-Garza, Also Known as Moises Garza, Also Known as Moises Garza Chapa, Also Known as Moises G Chapa, Also Known as Moises Chapa, United States of America v. Julian Ricardo Goytia-Campos, Also Known as Julian Ricardo Goitia-Campos, United States of America v. Alfonso Guadalupe Perez-Velazquez, Also Known as Erick Lee, United States of America v. Francisco Javier Saldana-Roldan, United States of America v. Epifanio Ivarbo-Martell, Also Known as El ChinoCourt of Appeals for the Fifth Circuit · 2001
  2. Lopez-Elias v. RenoCourt of Appeals for the Fifth Circuit · 2000
  3. Nehme v. Immigration & Naturalization ServiceCourt of Appeals for the Fifth Circuit · 2001
  4. Felix Sutherland v. Janet Reno, Attorney General of the United StatesCourt of Appeals for the Second Circuit · 2000
  5. Ian Smalley v. John Ashcroft, Attorney GeneralCourt of Appeals for the Fifth Circuit · 2003

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3Cited by19 opinions

  1. Victor B. Valencia v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2006
  2. Henry Robert Lisbey v. Alberto Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
  3. Ravindrakumar M. Patel v. John D. Ashcroft, Attorney GeneralCourt of Appeals for the Sixth Circuit · 2005
  4. Esau Rodriguez v. Eric Holder, Jr.Court of Appeals for the Fifth Circuit · 2013
  5. Aguilar v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2011

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