Ex parte Roldan, __ S.W.3d __ (Tex.App. Nov. 19, 2013) (defendants whose convictions became final prior to Padilla v. Kentucky cannot benefit from the holding in that case).

Note: Chaidez only held that the failure to advise portion of Padilla was not retroactive, but pointed out that the affirmative misrepresentation portion may be viable before Padilla depending on the law in the particular jurisdiction, since many courts had recognized this affirmative misrepresentation claim well before Padilla. See Practice Advisory on Chaidez at www.nationalimmigrationproject.org.