STATE OF NEW JERSEY VS. RAMON VILLALTA (01-05-1372, BERGEN COUNTY AND STATEWIDE), A-0372-16T3

In 2001 Villalta pleaded guilty to third-degree receiving stolen property; plea form acknowledged possible deportation consequences.
He was sentenced to one year of probation; probation was later revoked after a violation; no direct appeal was filed.
In 2015 Villalta, then detained by federal immigration authorities, moved to vacate his 2001 conviction via a post-conviction relief (PCR) petition, alleging ineffective assistance of counsel for poor immigration advice, coercion into pleading, and failure to file an appeal.
An evidentiary PCR hearing was held: former defense counsel testified he customarily reviewed plea papers and warned noncitizens about potential deportation but was not an immigration lawyer; Villalta disputed counsel’s account.
The PCR judge found the petition time-barred and rejected Villalta’s ineffective-assistance claim, crediting counsel’s testimony; the court applied pre-Padilla standards for advice about deportation.
Villalta appealed; the Appellate Division affirmed, resolving the ineffective-assistance claim against him and declining to reach the timeliness issue.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Villalta received ineffective assistance of counsel for failing to advise about deportation	State: Counsel testified he routinely explained immigration risk and advised consulting an immigration attorney; court should credit that testimony	Villalta: Counsel misinformed, coerced plea, and failed to warn about deportation consequences	Held: Affirmed — the PCR judge’s credibility findings were supported; under pre-Padilla law only negligent advice could provide relief and Villalta failed to meet Strickland standard
Whether petitioner’s PCR petition was time-barred and excusable neglect justified tolling	State: Time bar applies absent excusable neglect; court found no adequate ground to relax bar	Villalta: Delay excused by changed circumstances (immigration detention) and lack of understanding of PCR process	Held: Appellate panel did not decide because ineffective-assistance claim disposed of on the merits; PCR judge had ruled time-barred in the lower court

Padilla v. Kentucky, 559 U.S. 356 (2010) (advice about deportation can be constitutionally deficient under certain circumstances)
Chaidez v. United States, 133 S. Ct. 1103 (2013) (Padilla applies prospectively; pre-Padilla claims judged under earlier standards)
State v. Gaitan, 209 N.J. 339 (2012) (New Jersey rule applying negligent-advice standard to pre-Padilla guilty pleas)
Strickland v. Washington, 466 U.S. 668 (1984) (two-pronged ineffective-assistance test: deficient performance and prejudice)
State v. Pierre, 223 N.J. 560 (2015) (appellate deference to trial court credibility findings)