Do I have recource if facing deportation because of felony? 1 Answers as of June 21, 2011I was convicted of a felony in 2008 for possession of a controlled substance and spent 2 years in the Texas department of corrections. I am not a US citizen and at the time of my conviction I was not advised by my attorney that if I pled guilty to this charge I would face deportation. Do I have any recourse at this point? It was a 3rd degree felony.
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Under the 2010 US Supreme Court decision in Padilla v. Kentucky, you may be able to challenge your conviction. The Supreme Court held that a defendant who is not advised of immigration consequences has not been provided effective assistance of counsel.
Answer Applies to: Texas