Defendant, a non-ctizen, pleads guilty to felony. The non-citizen gets a good deal,(probation no jail time) but his attorney does not tell him that he is going to get deported for it. (The state felony that non-citizen plead to is considered an "aggravated felony" under the INA and subject to mandatory deportation.) If the defendant, non-ctizen, knew that he would be deported, he would have taken his chances with the trial instead of pleading guilty.
Some time later ICE initiates removal proceedings and the non citizen is deported. Non-citizen seeks recourse under habeas corpus in order to vacate his criminal conviction, as the attorney did not tell him he is going to be deported.
Padilla v. Commonwealth of Kentucky, 559 U.S. 356 (2010); Lee v. United States, 582 U.S. ___ (2017) These cases instruct that If the defendant(a long term permanent resident) plead guilty to an aggravated felony, the attorney had to tell him that he was going to be deported. If the attorney did, the decision must be vacated if the defendant is willing to go to trial. But, in each of these cases the attorney admitted his wrong.
During habeas proceedings, the attorney submits an affidavit stating, that she did in fact inform the defendant that he is going to get deported. (But, she in fact did not.)
The court believes the attorney, and denies the relief.
What can a non-citizen do to prove that the attorney lied, if it comes down to just his word against hers?
What is the bare minimum proof necessary to overturn the trial courts decision?
Jurisdiction, State of Texas