United States Fifth Circuit

Petition for review of a denial of petitioner's motion for rehearing of an earlier order finding him removable from the country is dismissed where: 1) petitioner's conviction for injury to a child under Texas Penal Code section 22.04(a)(3) amounted to a crime of violence and thus an aggravated felony; 2) thus, the BIA properly denied the motion for rehearing; and 3) consequently, there was no jurisdiction as to the appeal.

Appellate Information

• Decided 11/06/2007
• Published 11/07/2007

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before JOLLY, DAVIS and WIENER, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Javier N. Maldonado, Alfonso Otero (argued), Mercado, Gonzalez & Otero, San Antonio, TX, for Petitioner.


• For Appellees:
  
• Kelly J. Walls (argued), Thomas Ward Hussey, Dir., Linda Susan Wendtland, Luis Enrique Perez, U.S. Dept. of Justice, OIL, Washington, DC, Kristi Barrows, U.S. INS, Dallas, TX, Trey Lund, U.S. Imm. & Customs Enforcement, Field Office Dir., Attn: Carl Perry, New Orleans, LA, for Respondent.