On January 13, 2026, the Ninth Circuit issued an en banc decision holding that a violation of California Penal Code § 245(a)(1) (assault with a deadly weapon) is not a crime of violence. United States v. Gomez, No. 23-435 (9th Cir., Jan. 13, 2026) (en banc). After this decision, no conviction for PC § 245(a)(1) can be an aggravated felony. For criminal defenders, the best practice is to avoid a PC § 245(a)(1) conviction until the timeline for certiorari on Gomez has expired—the ninety-day period for the government to file for certiorari ends on April 13, 2026. For immigration advocates—Gomez should immediately govern issues of deportability and eligibility for relief in cases that triggered domestic violence or aggravated felony consequences based on convictions for PC § 245(a)(1). Advocates should consider filing motions to reconsider/reopen and motions to remand for cases where a person was ordered removed because of a PC § 245(a) conviction. Motions to reconsider should be filed within 30 days, on or before February 12, 2026. Motions to Reopen should be filed within 90 days, on or before April 13, 2026.