Ex Parte Balajia Masabattula, 01-17-00651-CR

In August 2016, Balajia Masabattula pleaded guilty to possession of <2 ounces of marijuana and was sentenced to a $500 fine plus $232 in costs pursuant to a plea agreement.
In June 2017 he filed an application for habeas corpus claiming his plea was not knowing and voluntary because the trial court failed to admonish him of immigration consequences before accepting the plea.
He attached an unsigned affidavit (later filed signed), a DHS "Order to Appear Deferred Inspection," and partial immigration-form answers; none of these documents tied his deportation proceedings to the August 15, 2016 plea.
The trial court denied the habeas application; the clerk informed the court the plea hearing was not recorded and there is no reporter’s record of the habeas hearing.
Masabattula moved to reconsider and requested findings; the trial court issued an amended order denying relief, finding no controverted, unresolved material facts.
Masabattula appealed; the appellate court reviewed under the applicant-burden standard for involuntary-plea habeas claims and presumed the trial court’s ruling supported by evidence in the absence of a reporter’s record.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Masabattula's guilty plea was involuntary for lack of immigration admonishments	Trial court failed to warn him of deportation risk before plea, affecting voluntariness	Record shows no reporter’s record and no proof plea caused deportation; applicant must prove lack of admonishment and harm	Denied — applicant failed to prove involuntary plea by preponderance; habeas denial affirmed

Kniatt v. State, 206 S.W.3d 657 (Tex. Crim. App. 2006) (applicant for habeas on involuntary plea must prove claim by preponderance)
Ex parte Scott, 190 S.W.3d 672 (Tex. Crim. App. 2006) (same burden standard for involuntary-plea habeas)
Ex parte McKeand, 454 S.W.3d 52 (Tex. App.—Houston [1st Dist.] 2014) (in absence of reporter’s record, reviewing court presumes evidence supported trial court’s judgment)
Ex parte Chandler, 182 S.W.3d 350 (Tex. Crim. App. 2005) (applicant must provide sufficient record supporting factual allegations)
Washington v. State, 326 S.W.3d 701 (Tex. App.—Houston [1st Dist.] 2010) (applicant bears burden to present sufficient record to show reversible error)
Ex parte Tovar, 901 S.W.2d 484 (Tex. Crim. App. 1995) (to obtain relief for failure to admonish under art. 26.13(a)(4), applicant must show no admonishment was given and that omission affected the plea decision)