STATE OF NEW JERSEY VS. RAMON ALATORRE(10-10-1812, HUDSON COUNTY AND STATEWIDE), A-5153-14T2

Background

In October 2010 a Hudson County grand jury indicted Ramon Alatorre on multiple aggravated-assault counts; he later negotiated a plea to one count of third-degree aggravated assault.
At the plea hearing (Feb. 3, 2011) Alatorre, represented by private counsel and assisted by a certified Spanish interpreter, signed a plea form that explicitly warned of possible immigration consequences and that he had the right to seek immigration advice.
The factual allocution admitted striking the victim after an initial altercation; defense counsel waived any claim of self-defense for the plea but reserved mitigation at sentencing.
Judge sentenced Alatorre (Mar. 25, 2011) to two years’ probation (noncustodial), finding mitigating factors outweighed aggravating factors; immigration status was discussed at plea but no deportation proceedings were initiated.
In December 2014 (after probation expired) Alatorre filed a PCR petition claiming ineffective assistance of counsel, alleging counsel failed to investigate or correctly advise him about deportation consequences post-Padilla.
The PCR court (Judge Santiago) denied relief without an evidentiary hearing, finding the plea record showed Alatorre was warned about immigration consequences and he failed to demonstrate deficient performance or prejudice under Strickland.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel provided ineffective assistance by failing to advise accurately about immigration consequences	State: Court need not find counsel ineffective because plea form and colloquy informed defendant of immigration risk; no prima facie showing of deficient performance	Alatorre: Counsel failed to investigate whether the conviction would be treated as a removable offense and gave erroneous reassurance that probation would avoid deportation	Court: Denied; record shows defendant was advised and failed to show deficiency or prejudice
Whether defendant established prejudice from alleged erroneous immigration advice (but-for causation)	State: No evidence defendant would have rejected plea; no immigration action pending or imminent; defendant already inadmissible	Alatorre: Would not have pled but for counsel’s incorrect advice about deportation risk	Court: Denied; defendant did not demonstrate a reasonable probability plea outcome would differ
Whether an evidentiary hearing on PCR was required	State: No, because defendant failed to make out a prima facie claim under Strickland	Alatorre: Hearing necessary to develop facts on counsel’s advice and defendant’s decisionmaking	Court: No hearing; PCR record and plea colloquy dispositive
Whether Padilla requires relief where plea form warned of immigration consequences but counsel allegedly misadvised specifics	State: Warnings and colloquy satisfy notice; no specific erroneous advice shown	Alatorre: Padilla obligates counsel to advise about deportation risk of offense; counsel’s failure was structural error warranting relief	Court: Padilla did not entitle defendant to relief here without showing deficient performance and prejudice; petition denied

Key Cases Cited

Strickland v. Washington, 466 U.S. 668 (establishes prejudice and deficiency standards for ineffective assistance of counsel)
Padilla v. Kentucky, 559 U.S. 356 (counsel must advise noncitizen defendants of deportation risks of a plea)
State v. Nunez-Valdez, 200 N.J. 129 (addresses ineffective-assistance claims in guilty-plea context and misleading immigration advice)
State v. Fritz, 105 N.J. 42 (New Jersey adoption of Strickland standards)
State v. Preciose, 129 N.J. 451 (standard for when PCR evidentiary hearing is required)