No. 23-6099
IFP
Tags: circuit-split citizenship-denaturalization denaturalization guilty-plea habeas-corpus immigration-consequences ineffective-assistance ineffective-assistance-of-counsel naturalized-citizenship padilla-standard padilla-v-kentucky prejudice-standard
Key Terms:
HabeasCorpus Immigration
HabeasCorpus Immigration
Latest Conference:
2024-01-19
Question Presented (from Petition)
1. Should the Court resolve the circuit split regarding whether Padilla applies to denaturalization consequences flowing from a guilty plea?
2. Did the trial court and Thirteenth Court of Appeals apply an erroneous prejudice standard by requiring proof that the "consequences of taking a chance at trial were not markedly harsher than pleading guilty," and should Gallegos be faulted for not repeatedly questioning his counsel's erroneous advice?
Question Presented (AI Summary)
Whether Padilla v. Kentucky applies to denaturalization consequences of a guilty plea
Docket Entries
2024-01-22
Petition DENIED.
2024-01-04
DISTRIBUTED for Conference of 1/19/2024.
2023-11-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 22, 2023)
Attorneys
Carlos Noe Gallegos
Jaime M. Diez — Diez and Crane, Petitioner