Ex Parte Enyong, 369 S.W.3d 593

Appellant pleaded guilty to assault of a family member (deferred adjudication) and to a violation of a protective order, with deferred adjudication in the assault case.
The trial court later adjudicated him guilty of the assault offense and sentenced him to one year; the protective-order offense resulted in 100 days in jail.
DHS/ICE detained him and processed him under INA removal proceedings, with an Immigration Judge noting an aggravated- felony conviction and ordering denial of custody change.
Appellant filed a habeas corpus petition asserting ineffective assistance of counsel for not advising him of immigration consequences, citing Padilla v. Kentucky.
The trial court denied relief; the court of appeals held Padilla retroactive and, applying Strickland, found deficient performance and prejudice, reversing and granting habeas relief.
The court remanded for proceedings consistent with its opinion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Padilla applies retroactively to post-conviction proceedings.	Appellant argues Padilla should apply retroactively.	State contends retroactivity is unsettled, but concedes retroactivity in Tanklevskaya context.	Padilla applies retroactively to collateral review.
Whether counsel's failure to advise about deportation violated Strickland prongs.	Enyong shows counsel failed to inform about virtually certain deportation.	State argues general admonitions were sufficient.	Counsel's deficient performance shown; prejudice established; relief granted.

Padilla v. Kentucky, 559 U.S. 356 (2010) (deportation consequences constitutionally relevant to counsel’s duty)
Ex parte Reedy, 282 S.W.3d 492 (Tex. Crim. App. 2009) (Sixth Amendment right to effective counsel in guilty-plea proceedings)
Ex parte Chandler, 182 S.W.3d 350 (Tex. Crim. App. 2005) (standard for ineffectiveness in habeas proceedings)
United States v. Bonilla, 637 F.3d 980 (9th Cir. 2011) (practice of evaluating deportation risk from plea)
Ex parte Peterson, 117 S.W.3d 804 (Tex. Crim. App. 2003) (prejudice standard in habeas corpus reviews)