In re Hernandez

INTRODUCTION

We grant Reyna Perez Hernandez's petition for writ of habeas corpus seeking to have her conviction for possession of methamphetamine for the purpose of sale in violation of Health and Safety Code section 11378 1 vacated and the opportunity to withdraw her guilty plea. The record both shows her appointed trial counsel failed to advise her before she entered her guilty plea that her plea would subject her to mandatory deportation, and contains evidence, including contemporaneous objective evidence, she would not have entered *898 her guilty plea had she been so advised. We publish this opinion because it discusses evidence establishing ineffective assistance of counsel, including prejudice, for failure to advise of mandatory deportation consequences attached to a guilty plea.

The parties agree the law is clear that at the time Hernandez entered her plea, and now, a conviction for violating section 11378 carries with it the penalty of mandatory deportation. When an immigration consequence is "truly clear, as it was in this case," Hernandez's trial counsel's duty to give correct advice "is equally clear." ( Padilla v. Kentucky (2010) 559 U.S. 356 , 375, 130 S.Ct. 1473 ,…