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State v. Sosa

The 4-year statute of limitation period to seek a writ of habeas corpus in state court for the denial of a federal or state constitutional right barred review of the defendant's petition alleging that his plea counsel was deficient for failing to advise him that his 2002 guilty plea to child molestation would subject him to removal or deportation.

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Daniel Sosa filed a petition for writ of habeas corpus contending that his attorney was ineffective for failing to advise him that his guilty plea would subject him to removal or deportation. The State moved to dismiss the petition as untimely. The habeas court denied the motion and granted habeas relief on the ground that Sosa received ineffective assistance of counsel at his plea hearing in 2002. Because Sosa’s habeas petition was untimely under the four-year statute of limitations in OCGA § 9-14-42, we reverse.

On May 9, 2002, Sosa entered a plea of guilty to child molestation in violation of OCGA § 16-6-4. He was sentenced to ten years on sexual offender probation, and his conviction became final after 30 days. See OCGA § 5-6-38 a. At the time, he was a permanent resident of the United States; his wife and four children are citizens. In November 2010, Sosa was detained under the Immigration and Nationality Act as an immigrant who had committed an aggravated felony. See 8 U.S.C. § 1227 a 2 A iii. He was deported a month later to Mexico.

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