Ramirez-Gil v. State, 327 P.3d 1228

Ramirez-Gil, a legal permanent resident, lived in the U.S. since 1969 and faced a plea to third-degree-felony stalking in 2012.
The State dismissed two additional third-degree stalking counts and ten misdemeanor counts as part of the plea deal.
He received a suspended sentence, probation, and 74 days in jail with 72 days credit for time served.
Upon release, ICE detained him and an immigration court ordered deportation based on the conviction.
He filed a post-conviction relief petition alleging ineffective assistance of trial counsel for not informing him of immigration consequences.
The post-conviction court granted summary judgment for the State, finding no prejudice.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was counsel ineffective for failing to inform of immigration consequences?	Ramirez-Gil asserts deficient performance and prejudice from not informing him.	State contends written plea form adequately warned, and prejudice is not shown.	No prejudice established; summary judgment affirmed.
Does Padilla apply to inform noncitizens about deportation risk in pleas?	Padilla requires advising of deportation risk for noncitizens.	Written plea form and context suffice; no broader obligation proven.	Padilla applied; no prejudice shown here.
Did Petitioner demonstrate a reasonable probability of going to trial would have altered outcome?	Would have pressed for trial to avoid deportation consequences.	Evidence shows likelihood of conviction at trial; plea avoided harsher outcome.	Petitioner failed to show a reasonable probability of different result.

Padilla v. Kentucky, 559 U.S. 356 (2010) (noncitizen must be advised of deportation risk)
Hill v. Lockhart, 474 U.S. 52 (1985) (two-part Strickland test for guilty pleas)
Strickland v. Washington, 466 U.S. 668 (1984) (defendant must show deficient performance and prejudice)
Litherland, 2000 UT 76 (Utah 2000) (standard for prejudice in ineffective assistance claims)
Jelashovic v. State, 285 P.3d 14 (Utah App. 2012) (noncitizen considerations in immigration-related defenses)
Clingman, 288 F.3d 1183 (10th Cir. 2002) (look to plea-related circumstances to assess prejudice)
Fernandez v. Cook, 870 P.2d 870 (Utah 1993) (speculation insufficient to show prejudice)
Ruiz, 2013 UT App 274, 316 P.3d 984 (Utah App. 2013) (pregnant with prejudice analysis in immigration context)
Rhinehart v. State, 290 P.3d 921 (Utah App. 2012) (prejudice standard in ineffective-assistance claims)
Walker v. State, 308 P.3d 573 (Utah App. 2013) (noncitizen considerations in post-conviction review)