Is deadly conduct a "crime of violence" as defined by federal law under 18 US Code Sec. 16?
(this is for purposes of an writ based on Padilla)
I would say, yes.
Avila v. Mukasey
300 Fed.Appx. 332
For purposes of Padilla, always make certain you are construing the immigration statutes (and caselaw) in effect at the time of the plea. We are all immigration law experts now.
Easier to just ask, "Regardless of the advice you may or may not have received, would you be pleading guilty even if you knew with certainty that you would be deported?" Only take the plea if the answer is "Yes".
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