Vega-Gonzalez v. Oregon, __ P.3d __, 2006 WL 1100564 (Apr. 27, 2006) (advice of criminal defense counsel that conviction of an aggravated felony "may" trigger deportation is not affirmative misadvice; although conviction of an aggravated felony is very likely to result in deportation, the DHS could choose not to prosecute or the noncitizen could obtain withholding of removal or relief under the convention against torture). Note: the Ninth Circuit, in United States v. Kwan, 407 F.3d 1005 (9th Cir. 2005), held that advice concerning possible deportation was affirmative misadvice, where an aggravated felony conviction required mandatory deportation. Federal circuit court decisions, however, are only persuasive, not binding, in state court.