Ex parte Samuel Garcia

The issue presented in this case was whether Samuel Osvaldo Garcia’s claim that he was entitled to relief because his attorney gave him affirmative misadvice regarding his possible deportation is cognizable or whether it is barred as a non-retroactive “Padilla” claim. The court of appeals held that the claim was cognizable as an affirmative misadvice claim, and the Texas Court of Criminal Appeals agreed. Consequently, the Court affirmed the court of appeals. View "Ex parte Samuel Garcia" on Justia Law