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Padilla victory in Texas: Elizondo-Vasquez v. State

"[I]n light of clear and consistent evidence that Vasquez would not have pled guilty but for the deficient advice, we must likewise hold that due to counsel’s ineffective assistance, the plea was involuntary. We reverse the case and remand to the trial court for further proceedings."...

Transporting Padilla to Deportation Proceedings: A Due Process Right to the Effective Assistance of Counsel

Transporting Padilla to Deportation Proceedings: A Due Process Right to the Effective Assistance of Counsel Stephen H. Legomsky St. Louis University Public Law Review, 2012 Washington University in St. Louis Legal Studies Research Paper 11-10-04 Abstract: The Supreme Court’s landmark...

CA5 on Ineffective Assistance of Counsel: USA v. Batamula

"Innocent Rutahagara Batamula, a citizen of Tanzania, after entering the United States on a student visa, marrying a United States citizen, and applying for a change in his immigration status, pleaded guilty pursuant to a written plea agreement to one count of making a false statement to a federal...

Wisconsin SC on Padilla, IAC - Wisc. v. Ortiz-Mondragon; Wisc. v. Shata

"We conclude that Ortiz-Mondragon is not entitled to withdraw his no-contest plea to substantial battery because he did not receive ineffective assistance of counsel. Specifically, his trial counsel did not perform deficiently. Because federal immigration law is not "succinct, clear, and explicit"...

CA9 on Padilla: USA v. Rodriguez-Vega

Court Staff Summary - "Vacating a conviction of misdemeanor attempted transportation of illegal aliens, the panel held that the district court erred in failing to hold, upon a petition under 28 U.S.C. § 2255, that defendant’s counsel was ineffective in failing to advise her that her plea...

An End-Run Around Padilla? Batamula II (CA5, En Banc)

U.S. v. Batamula (Batamula II, en banc,) May 3, 2016 - "Batamula failed to allege facts or adduce evidence showing that the outcome of the plea process would have been different with competent advice. The record conclusively established that he was deportable before his guilty plea, and he remained...