Another Padilla habeas victory in Texas

Marfa superstar Steve Spurgin writes: "Attached is the first published Padilla decision out of Texas' 11th Court of Appeals.  These Eastland justices understand Padilla and correctly reversed the trial court, mandating ICE's release from detention for my young LPR client - detained for over 18 months - with no other criminal history."

The Court said: "When the deportation consequence is clear, as it is in this case, the duty to give correct advice is equally clear. Padilla, 130 S.Ct. at 1483. Inasmuch as counsel did not give Salazar correct advice, we hold that Salazar has satisfied the first prong of Strickland. ... We hold that Salazar established that he was prejudiced because he would have gone to trial given the correct information about his deportation status and because a decision to reject the plea bargain in favor of a trial would have been rational under the circumstances. Consequently, we hold that Salazar satisfied the second prong of Strickland. ... [C]ounsel's duty to give correct legal advice where the consequences of a guilty plea with respect to deportation are clear carries with it the obligation to investigate what the deportation consequences to the client would be given the client's individual circumstances. ... We reverse the trial court's order denying the writ, vacate the Orders of Deferred Adjudication and Placement on Community Supervision, and remand this cause to the trial court for further proceedings so that Salazar may answer the indictment."- Salazar v. State, Aug. 31, 2011.