In April, the 5th Circuit held that Tex. Penal Code §22.01(a)(1) is a crime of violence and thus a crime of domestic violence if a “protected person,” such as a spouse is the victim. U.S. v. Gracia-Cantu, 920 F.3d 252, 254 (5th Cir. 2019) (citing, U.S. v. Reyes-Contreras, 910 F.3d 169, 183 (5th Cir. 2018)).
These cases reverse Fifth Circuit cases holding that Texas misdemeanor assault (§22.01(a)(1)) is not a crime of violence because it does not require direct force or intent to support a conviction. U.S. v. Villegas-Hernandez, 468 F.d 874, 880 (5th Cir. 2006).
A conviction for Texas Misdemeanor Assault Family Violence is now a deportable offense.
This effects both Lawful Permanent Residents (LPRs) who are deportable and non-LPRs in removal proceedings who are ineligible for relief from removal.
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