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State of Texas v. Macedo

Appellee, Gabriela Quiroz Macedo, crossed illegally into the United States at the Mexican border as a minor, evidenced by a form prepared by the U.S. Department of Homeland Security.

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OPINION The State appeals the trial court’s order granting the relief requested in the application for writ of habeas corpus filed by Gabriela Quiroz Macedo. The State contends (i) the trial court erred in finding Quiroz Macedo’s counsel rendered ineffective assistance by failing to fully advise Quiroz Macedo of the immigration consequences of her plea of guilty to a misdemeanor offense and that she was prejudiced by that performance, and (ii) the trial court erred in finding that laches did not bar Quiroz Macedo’s claim. For the reasons that follow, we conclude that the record does not support the trial court’s ruling and the trial court abused its discretion in granting the relief Quiroz Macedo requested in her application for writ of habeas corpus and we reverse the trial court’s order.[1] PROCEDURAL AND FACTUAL BACKGROUND While a juvenile, Quiroz Macedo crossed the border from Mexico to the United States illegally.[2] These facts are drawn from an exhibit attached to the state’s general denial and brief with supporting evidence in response to applicant’s application for writ of habeas corpus. Specifically, a Form I213 was prepared and submitted by the U.S. Department of Homeland Security which stated “QUIROZ-Macedo, Gabriela (FEMALE/ JUVENILE- DOB: 09/23/1992) is not a national or citizen of the United States. Subject is a native and citizen of Mexico, who acknowledges illegal entry by crossing the international boundary into the United States, on or about an unknown date “[3] In December of 2009, Quiroz Macedo pled guilty in a Travis County District Court to attempt to commit possession of a controlled substance: alprazolam PG 1

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