Ex Parte Romero, 351 S.W.3d 127 (Tex. App. 2011). · Go Syfert
Ex Parte Romero, 351 S.W.3d 127 (Tex. App. 2011). Cases Citing This Book View Copy Cite
36 citation events (36 in the last 25 years) across 2 distinct courts.
Strongest positive: Ex Parte: Jesus Aranda Lujan (texapp, 2015-06-12) · Strongest negative: Ex Parte Martin Fassi (texapp, 2012-12-04)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 22 distinct citers.
discussed Cited "but see" Ex Parte Martin Fassi (2×) also: Cited "see"
Tex. App. · 2012 · signal: but see · confidence high
But see Ex parte Romero, 351 S.W.3d 127, 131 (Tex.App.-San Antonio 2011, no pet.) (ha-beas court abused its discretion denying the writ because the appellant stated in his affidavit that he would not have pled guilty). 4 .
discussed Cited "but see" Ex Parte Aftab Ali
Tex. App. · 2012 · signal: but see · confidence high
But see Ex parte Romero, 351 S.W.3d 127, 131 (Tex.App.-San Antonio 2011, no pet.); Ex parte De Los Reyes, 350 S.W.3d 723, 731 (Tex.App.-El Paso 2011, pet. granted); Ex parte Tanklevskaya, 361 S.W.3d 86, 98-99 (Tex.App.-Houston [1st Dist.] 2011, pet. filed) (op., designated for publication).
discussed Cited as authority (rule) Ex Parte: Jesus Aranda Lujan
Tex. App. · 2015 · confidence medium
Mar. 20, 2013)(not designated for publication); Ex parte Rodriguez, 378 S.W.3d 486, 489 (Tex.App.--San Antonio 2012, pet. ref’d); Aguilar v. State, 375 S.W.3d 518, 524 (Tex.App.--Houston [14th Dist.] 2012), rev’d on other grounds, 393 S.W.3d 787 , 788 (Tex.Crim.App. 2013); Salazar v. State, 361 S.W.3d 99, 103 (Tex.App.--Eastland 2011, no pet.); Ex parte Tanklevskaya, 361 S.W.3d 86, 96-97 (Tex.App.--Houston [1st Dist.] 2011), rev’d on other grounds, 393 S.W.3d 787 (Tex.Crim.App. 2013); Ex parte Romero, 351 S.W.3d 127, 131 (Tex.App.--San Antonio 2011), rev’d on other grounds, 393 S.W.3d …
discussed Cited as authority (rule) Torres, Ex Parte Manuel (2×)
Tex. App. · 2015 · confidence medium
App. Mar. 20, 2013) (not designated for publication) (counsel has duty to inform client that pleading guilty to aggravated felony will result “in automatic deportation or exclusion from the country” under 8 U.S.C. § 1227 (a)(2)(A)(iii)(2015)); Ex parte Romero, 351 S.W.3d 127, 131 (Tex. App. San Antonio 2011, pet. granted), rev’d on retroactivity grounds, 393 S.W.3d 788 (Tex. Crim.
discussed Cited as authority (rule) Ex Parte Stanley Anozie Obi
Tex. App. · 2014 · confidence medium
See Ex parte Murillo, 389 S.W.3d at 931-32 (“Aside from applicant’s own self-serving statement that he would have insisted his counsel take his case to trial had he known he would be deported, he presented no other evidence corroborating his position that it would have been rational to reject a *601 plea deal under the circumstances.”); Ex parte Fassi, 388 S.W.3d at 888 (noting that “the habeas court was free to disbelieve appellant’s self-serving testimony that'he would not have pled guilty if he had been aware of the immigration consequences of his plea” and deferring to habeas c…
discussed Cited as authority (rule) Ex Parte: Manuel Torres
Tex. App. · 2014 · confidence medium
Ex parte Ramirez, 2012 WL 3113140 , at *3-*4; Ex parte Carpio-Cruz, 2011 WL 5460848 , at *7; Ex parte Olvera, 394 S.W.3d at 576 (stating that pleading to aggravated felony “could” result in removal is constitutionally ineffective); Ex parte Romero, 351 S.W.3d 127, 131 (Tex.App.--San Antonio 2011, pet. granted), rev’d on retroactivity grounds, 393 S.W.3d 788 3 Prior to the United States Supreme Court’s decision in Chaidez v. United States, --- U.S. ---, 133 S.Ct. 1103 , 185 L.Ed.2d 149 (2013), Texas courts routinely applied the Padilla standard retroactively to convictions made final be…
cited Cited as authority (rule) Ex Parte Yadher Murillo
Tex. App. · 2013 · confidence medium
Ex Parte Tanklevskaya, 361 S.W.3d 86, 90 (Tex.App.-Houston [1st Dist.] 2011, pet. filed); Ex Parte Romero, 351 S.W.3d 127, 131 (Tex.App.-San Antonio 2011, no pet.).
discussed Cited as authority (rule) Ex Parte Jose Moreno (2×)
Tex. App. · 2012 · confidence medium
See De Los Reyes, 350 S.W.3d at 731; Ex parte Romero, 351 S.W.3d 127, 131 (Tex.App.-San Antonio 2011, pet. filed); Tanklevskaya, 361 S.W.3d at 99 .
cited Cited as authority (rule) Ex Parte Jose Moreno
Tex. App. · 2012 · confidence medium
See De Los Reyes, 350 S.W.3d 14 at 731 ; Ex parte Romero, 351 S.W.3d 127, 131 (Tex. App.—San Antonio 2011, pet. filed); Tanklevskaya, 361 S.W.3d at 99 .
discussed Cited as authority (rule) Ex Parte: Blanca Ramirez
Tex. App. · 2012 · confidence medium
Both the terms “likelihood” and “possibility” leave open the hope that deportation might not occur.’); Ex parte Romero, 2011 WL 3328821, at *2 (Tex.App.--San Antonio Aug. 3, 2011, no pet.)(‘Because trial counsel only informed Romero about “possible” immigration consequences where the law made deportation a virtual certainty, counsel’s performance was deficient.’).
discussed Cited as authority (rule) Ex Parte Aftab Ali
Tex. App. · 2012 · confidence medium
We overrule Ali’s sole issue. 11 But see Ex parte Romero, 351 S.W.3d 127, 131 (Tex. App.—San Antonio 2011, no pet.); Ex parte De Los Reyes, 350 S.W.3d 723, 731 (Tex. App.—El Paso 2011, pet. granted); Ex parte Tanklevskaya, No. 01-10-00627-CR, 2011 Tex. App. LEXIS 4034, at *29-33 (Tex. App.—Houston [1st Dist.] May 26, 2011, pet. filed) (op., designated for publication).
discussed Cited as authority (rule) Ex Parte Isabel Rodriguez
Tex. App. · 2012 · confidence medium
See Salazar v. State, 361 S.W.3d 99, 101-02 (Tex.App.-Eastland 2011, no pet.) (recognizing that the noncitizen defendant was not eligible for discretionary relief “because ... he had not been a legal resident of the United States for at least five years”); Ex parte Romero, 351 S.W.3d 127, 130-31 (Tex.App.-San Antonio 2011, no pet.) (noting that the LPR defendant’s “deportation consequence was truly clear” because he pleaded guilty to an aggravated felony, and impliedly recognizing that the defendant was not eligible for cancellation of removal under § 1229b(a)); Ex parte *496 Tankle…
cited Cited as authority (rule) Ex Parte Jose Meza Lopez
Tex. App. · 2012 · confidence medium
App. 2012); Ex parte Romero, 351 S.W.3d 127, 130-31 (Tex. App.—San Antonio 2011, no pet.).
discussed Cited as authority (rule) Ex Parte: Juan Carpio-Cruz
Tex. App. · 2011 · confidence medium
Both the terms ‘likelihood’ and ‘possibility’ leave open the hope that deportation might not occur.”); Ex parte Romero , 2011 WL 3328821, at *2 (Tex.App.--San Antonio Aug. 3, 2011, no pet.)(“Because trial counsel only informed Romero about ‘possible’ immigration consequences where the law made deportation a virtual certainty, counsel’s performance was deficient.”).
discussed Cited as authority (rule) Ex Parte: Juan Carpio-Cruz
Tex. App. · 2011 · confidence medium
Both the terms ‘likelihood’ and ‘possibility’ leave open the hope that deportation might not occur.”); Ex parte Romero, 2011 WL 3328821, at *2 (Tex.App.--San Antonio Aug. 3, 2011, no pet.)(“Because trial counsel only informed Romero about ‘possible’ immigration consequences where the law made deportation a virtual certainty, counsel’s performance was deficient.”).
discussed Cited "see" Ex Parte: Joel De Los Reyes
Tex. App. · 2011 · signal: see · confidence high
See Ex parte Romero , ___ S.W.3d ___, ___, 2011 WL 3328821, at *2-3 (Tex.App.--San Antonio Aug. 3, 2011, no pet.h.)(reversing order denying habeas relief where counsel reviewed the court’s standard admonishments, including the “possible” immigration consequences, with the appellant, because counsel had a duty to inform the appellant of “the specific consequences of his plea . . . where the law made deportation a virtual certainty”); Tanklevskaya , ___ S.W.3d at ___, 2011 WL 2132722, at *7, *11 (holding that the trial court’s admonishment that the appellant’s plea “may result in…
discussed Cited "see" Ex Parte: Joel De Los Reyes
Tex. App. · 2011 · signal: see · confidence high
See Ex parte Romero, ___ S.W.3d ___, ___, 2011 WL 3328821, at *2-3 (Tex.App.--San Antonio Aug. 3, 2011, no pet.h.)(reversing order denying habeas relief where counsel reviewed the court’s standard admonishments, including the “possible” immigration consequences, with the appellant, because counsel had a duty to inform the appellant of “the specific consequences of his plea . . . where the law made deportation a virtual certainty”); Tanklevskaya, ___ S.W.3d at ___, 2011 WL 2132722, at *7, *11 (holding that the trial court’s admonishment that the appellant’s plea “may result in d…
discussed Cited "see" Ricardo Salazar v. State of Texas (2×)
Tex. App. · 2011 · signal: see · confidence high
See Ex parte Romero, 351 S.W.3d 127, 130 (Tex.App.-San Antonio 2011, no pet. h.); Tank-' levskaya, 361 S.W.3d at 95-97 ,.
discussed Cited "see" Ex Parte De Los Reyes (2×)
Tex. App. · 2011 · signal: see · confidence high
See Ex parte Romero, 351 S.W.3d 127, 130-31 , 2011 WL 3328821 (Tex.App.-San Antonio 2011, no pet. h.) (reversing order denying habeas relief where counsel reviewed the court’s standard admonishments, including the “possible” immigration consequences, with the appellant, because counsel had a duty to inform the appellant of “the specific consequences of his plea ... where the law made deportation a virtual certainty”); Tanklevskaya , — S.W.3d at -, - (holding that the trial court’s admonishment that the appellant’s plea “may result in deportation, exclusion from admission to t…
discussed Cited "see" Ricardo Salazar v. State of Texas (2×)
Tex. App. · 2011 · signal: see · confidence high
See Ex parte Romero, No. 04-11-00175-CR, 2011 WL 3328821, at *2 (Tex. App.—San Antonio Aug. 3, 2011, no pet. h.); Tanklevskaya, 2011 WL 2132722, at *7-8 .
cited Cited "see, e.g." Ex Parte Julio Gialito Aruizu
Tex. App. · 2015 · signal: see also · confidence low
Id.; See also, e.g., Ex parte Romero, 351 S.W.3d 127 (Tex. App.— San Antonio 2011, no pet. h.); Salazar v. State, 361 S.W.3d 99, 102 (Tex. App. - Eastland 2011, no pet. h.).
discussed Cited "see, e.g." Ex Parte Martin Guadalupe Campos Leal
Tex. App. · 2014 · signal: see, e.g. · confidence medium
See, e.g., Ex parte Romero, 351 S.W.3d 127, 131 (Tex.App.-San Antonio 2011), rev’d on other grounds, 393 S.W.3d 788 (Tex.Crim.App.2013) (defendant’s statements in affidavit sufficient); Ex parte Tanklevskaya, 361 S.W.3d 86, 99 (Tex.App.-Houston [1st Dist.] 2011), rev’d on other grounds, 393 S.W.3d 787 (Tex.Crim.App.2013) (defendant’s testimony during hearing sufficient); see also Ex parte De Los Reyes, 350 S.W.3d 723, 731 (Tex.App.-El Paso 2011), rev’d on other grounds, 392 S.W.3d 675 (Tex.Crim.App.2013) (indicating prejudice arises from ineffective assistance and trial court’s adm…
Ex Parte Gregorio ROMERO
04-11-00175-CR.
Court of Appeals of Texas.
Aug 3, 2011.
351 S.W.3d 127
San Juanita Reyna Campos, Weslaco, TX, for Appellant., E. Bruce Curry, District Attorney, Kerrville, TX, for Appellee.
Angelini, Hilbig, Barnard.
Cited by 26 opinions  |  Published

OPINION

Opinion by:

KAREN ANGELINI, Justice.

Gregorio Romero pled no contest to aggravated sexual assault of a child and was placed on deferred adjudication community supervision for ten years. Romero appeals the trial court’s order denying his application for writ of habeas corpus, asserting: (1) the evidence was insufficient to support his guilt; (2) the trial court did not admonish him regarding the immigration consequences of his plea; and (3) trial counsel was ineffective in failing to advise him of the immigration consequences of his plea and in failing to diligently investigate the facts of the case. [1] We reverse the trial court’s order and grant habeas corpus relief.

Sufficiency of the Evidence

In his first issue, Romero complains that the trial court erred in denying his habeas application because no evidence was presented to prove his guilt. A challenge to the sufficiency of the evidence to support a felony conviction is not cognizable by writ of habeas corpus. Ex parte Jessep, 281 S.W.3d 675, 679 (Tex.App.-Amarillo 2009, pet. ref'd); Ex parte Prince, No. 05-05-00132-CR, 2005 WL 615729, at *1 (Tex.App.-Dallas Mar. 17, 2005, no pet.) (not designated for publication); see also Ex parte Grigsby, 137 S.W.3d 673, 674 (Tex.Crim.App.2004). Even if such a claim were cognizable, Romero signed a stipulation of evidence in which he judicially confessed that all facts, statements, and allegations contained in the indictment were true and correct and that he committed the offense as charged. Romero’s judicial confession standing alone is sufficient to sustain a conviction upon his plea. Dinnery v. State, 592 S.W.2d 343, 353 (Tex.Crim.App.1979); Tijerina v. State, 264 S.W.3d 320, 324 (Tex.App.-San Antonio 2008, pet. ref'd). Romero’s first issue is overruled.

Immigration Admonishment

In his second issue, Romero contends the trial court erred in denying his habeas application because the record shows that the trial court did not properly admonish him with regard to the immigration consequences of his plea. Article 26.13 of the Texas Code of Criminal Procedure requires that prior to accepting a guilty plea, a trial court must admonish the defendant of the consequences of his plea. Tex.Code Crim. Prog Ann. art. 26.13(a) (West 2010). A trial court may make the admonishment either orally or in writing. Id. at art. 26.13(d). In this case, the record contains the following written admonishment: “If I am a non-citizen of the United States, I understand that a plea of guilty or nolo contendere may result in my deportation, the exclusion from admission to this country, or denial of naturalization under federal law.” The written admonishment repeats verbatim the admonishment required by article 26.13(a)(4). See id. at art. 26.13(a)(4). Accordingly, Romero’s second issue is overruled.

Ineffective Assistance of Counsel

In his final issue, Romero contends trial counsel was ineffective in failing[*130] to advise him regarding the immigration consequences of his plea and in failing to conduct a diligent investigation. To obtain habeas corpus relief for ineffective assistance of counsel under the Strickland v. Washington 2 standards, Romero was required to show that counsel’s performance was deficient and that a reasonable probability exists that the outcome would have been different but for counsel’s deficient performance. Ex parte Amezquita, 223 S.W.3d 363, 366 (Tex.Crim.App.2006). An appellate court reviewing a trial court’s ruling on a habeas claim must review the record evidence in the light most favorable to the trial court’s ruling and must uphold that ruling absent an abuse of discretion. Kniatt v. State, 206 S.W.3d 657, 664 (Tex.Crim.App.2006). Almost total deference is given to a trial court’s factual findings in habeas proceedings, especially when those findings are based upon credibility and demeanor. Ex parte Amezquita, 223 S.W.3d at 367. “Although reviewing courts should also grant deference to ‘implicit factual findings’ that support the trial court’s ultimate ruling, they cannot do so if they are unable to determine from the record what the trial court’s implied factual findings are.” Ex parte Peterson, 117 S.W.3d 804, 819 (Tex.Crim.App.2003).

With regard to counsel’s advice regarding the immigration consequences of Romero’s plea, the United States Supreme Court has held, “counsel must inform her client whether his plea carries a risk of deportation.” Padilla v. Kentucky, — U.S. -, 130 S.Ct. 1473, 1486, 176 L.Ed.2d 284 (2010). The nature of the advice to be given depends on the certainty of the applicable immigration law. Id. at 1483. “When the law is not succinct and straightforward ..., a criminal defense attorney need do no more than advise a noncitizen client that pending criminal charges may carry a risk of adverse immigration consequences. But when the deportation consequence is truly clear, ..., the duty to give correct advice is equally clear.” Id. “It is quintessential^ the duty of counsel to provide her client with available advice about an issue like deportation and the failure to do so ‘clearly satisfies the first prong of the Strickland analysis.’ ” Id. at 1484 (quoting Hill v. Lockhart, 474 U.S. 52, 62, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985) (White, J., concurring in judgment)).

In the instant case, Romero was charged with aggravated sexual assault of a child. Under the federal immigration statutes, the term “aggravated felony” includes the rape or sexual abuse of a minor. 8 U.S.C. § 1101(a)(43)(A). Further, the term “conviction,” with respect to an alien, includes one who has pled nolo contendere and the judge has ordered some form of punishment, penalty, or restraint on the alien’s liberty. [3] 8 U.S.C. § 1101(a)(48)(A). Finally, federal immigration law provides that “[a]ny alien ... in the United States shall, upon the order of the Attorney General, be deported if the alien is within one or more of the following classes of deporta-ble aliens.” 8 U.S.C. § 1227(a). One of the classes listed is “[a]ny alien who is convicted of an aggravated felony at any time after admission.” 8 U.S.C. § 1227(a)(2)(A)(iii). Thus, the deportation consequences resulting from a conviction of aggravated sexual assault of a child are “truly clear.” Padilla, 130 S.Ct. at 1483. Under the applicable statutes, Romero’s conviction made him not just at risk for[*131] possible deportation but automatically de-portable. Cf. Ex parte Rodriguez, 350 S.W.3d 209, 211 (Tex.App.-San Antonio 2011, no pet.) (rejecting argument that plea resulted in an aggravated felony conviction which is clearly a removable offense because appellant pled to a misdemeanor).

The State seeks to rely on the general immigration admonishment that was given by the trial court and trial counsel’s affidavit in which he stated that he reviewed the admonitions with Romero, “including possible consequences relating to citizenship.” Based on trial counsel’s affidavit, the trial court could have found that trial counsel reviewed the written immigration admonition with Romero including the “possible” immigration consequences; however, reviewing the written admonition did not satisfy trial counsel’s duty under these circumstances. Because the deportation consequence was truly clear, trial counsel had a duty to inform Romero of the specific consequences of his plea. See Ex parte Tanklevskaya, — S.W.3d -,-, 2011 WL 2132722 (Tex.App.-Houston [1st Dist.] 2011, no pet. h.). In his affidavit, Romero stated that trial counsel never advised him that he would be deported. Because trial counsel only informed Romero about “possible” immigration consequences where the law made deportation a virtual certainty, counsel’s performance was deficient. See id.

To establish prejudice in the context of an involuntary plea resulting from ineffective assistance of counsel, the applicant must demonstrate that there is a reasonable probability that, but for plea counsel’s deficient performance, the applicant would not have pleaded guilty, but would have instead insisted on going to trial. Id., at *9. In his affidavit, Romero stated that he was a lawful permanent resident of the United States and did not know the conviction would affect his status. As a result of his conviction, Romero was detained by immigration officials in 2000, and he was deported in 2002. In his affidavit, Romero stated, “If I had known that pleading guilty to this charge would have made me an aggravated felon for immigration purposes, I never would have had [sic] pled guilty. I would have taken my case to a jury.” Accordingly, Romero met his burden of demonstrating that, but for trial counsel’s failure to advise him regarding the specific consequences of his plea, he would not have entered a plea but would have gone to trial. See id. Therefore, Romero met his burden of proving trial counsel rendered ineffective assistance of counsel, and the trial court abused its discretion in denying Romero’s habeas application on that basis.

Conclusion

The trial court’s order is reversed and habeas corpus relief is granted.

1

. The application was filed pursuant to article 11.072 of the Texas Code of Criminal Procedure, which gives this court jurisdiction over this appeal. See Ex parte Villanueva, 252 S.W.3d 391, 397 (Tex.Crim.App.2008) (remanding cause to intermediate court of appeals for consideration of merits of appeal of order denying habeas application filed pursuant to article 11.072).

3

. Deferred adjudication is a conviction for purposes of the federal immigration laws. See Moosa v. I.N.S., 171 F.3d 994, 1006 (5th Cir.1999).