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Padilla writ - Federal law question Login/Join 
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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)
 
Posts: 956 | Location: Cherokee County, Rusk, Tx | Registered: July 11, 2001Reply With QuoteReport This Post
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I would say, yes.

Avila v. Mukasey
300 Fed.Appx. 332
C.A.5,2008.
 
Posts: 25 | Location: Fort Worth, Texas | Registered: May 08, 2003Reply With QuoteReport This Post
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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.
 
Posts: 2330 | Registered: February 07, 2001Reply With QuoteReport This Post
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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".
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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