Ex Parte Isabel Rodriguez
2012 Tex. App. LEXIS 3207
Tex. App.2012Background
- Rodriguez, a lawful permanent resident, pled nolo contendere to two Texas misdemeanors (theft by check and prostitution) in 1997.
- She later filed habeas corpus petitions in 2010 seeking to withdraw her pleas, claiming ineffective assistance of plea counsel under Padilla v. Kentucky.
- Rodriguez alleged her plea counsel failed to warn her that pleading guilty could lead to deportation, and that such advice was constitutionally deficient.
- She signed admonitions before pleading, indicating she understood pleas could affect immigration status.
- The trial court denied relief, finding she understood possible deportation; Rodriguez appeals the denial.
- The court analyzes whether her deportation consequences were truly clear and whether counsel’s performance was prejudicial under Strickland.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether deportation consequence was truly clear given eligibility for cancellation | Rodriguez argues she was deportable and eligible for relief, so the consequence was not truly clear | State contends the consequences were clear or counsel’s duty to warn extended to deportation | Not truly clear due to eligibility for cancellation; counsel not required to give definitive deportation prediction |
| Whether plea counsel’s alleged deficiency prejudiced Rodriguez | Rodriguez would have gone to trial if properly advised | Habeas court findings and trial warnings negate prejudice | No prejudice established; warnings and advisements undermined claim of ineffective assistance |
Key Cases Cited
- Padilla v. Kentucky, 559 U.S. 356 (2010) (constitutional duty to warn noncitizens of deportation consequences when clearly defined by statute)
- Carachuri-Rosendo v. Holder, 130 S. Ct. 2577 (2010) (addressed discretionary relief and removal eligibility considerations)
- In re C-V-T-, 22 I. & N. Dec. 7, 22 I. & N. Dec. 7 (BIA 1998) (guidance on evaluating discretionary relief factors in cancellation of removal)
- Matter of Marin, 16 I. & N. Dec. 581 (BIA 1978) (factors balancing to determine relief eligibility and final decision guidance)