Enrique P. Gomez v. Texas

Petitioner filed his first writ of habeas with the State of Texas district court in 2012. Since then, the Texas Court of Criminal Appeals has published State v. Guerrero, 400 S.W.3d 576 (Tex. Crim. App. 2013) which in State criminal habeas proceedings treats non-citizens differently from U.S. Citizens. I.- Whether the Texas Court of Criminal Appeals in not applying the Texas definition of final conviction to non-citizens but rather the definition of 8 U.S.C. § 1101 (a)(48)(A) has violated the equal protection and due process guarantees under the 14th Amendment? II.- Whether the second application for Writ of Habeas Corpus is in essence the equivalent of a direct appeal pursuant to Martinez v. Ryan, 132 S.Ct. 1309 (2012) and Trevino v. Thaler, 133 S. Ct. 1911 (2013), and therefore there is no retroactivity problem to a direct application of Padilla? III.- Whether affirmative misadvise is governed by the no retroactivity rule of Chaidez v. United States, 133 S. Ct. 1103 (2013) in relation to Padilla v. Kentucky, 130 S. Ct. 1473 (2010)?