United States v. Vasquez-Gonzalez

A conviction for assault with a deadly weapon or instrument other than a firearm or by means of force likely to produce great bodily injury under California Penal Code 245(a)(1), as it was written prior to its amendment in 2011, qualifies as a conviction for a crime of violence within the meaning of 18 U.S.C. 16(a). The Ninth Circuit affirmed defendant's conviction for illegal reentry and rejected his collateral attacks on his removal. The panel held that defendant's prior California conviction under section 245(a)(1) required an intentional use of force and was thus a crime of violence. The panel also held that, although the failure to inform defendant that his eligibility for relief could serve as a basis to collaterally attack a removal order, it was not plausible that he would have been granted relief at the time of his removal in this case. View "United States v. Vasquez-Gonzalez" on Justia Law