In Ex parte Olvera, S.W.3d , 2012 WL 2336240 (Tex.App.--Dallas June 20, 2012, no pet.h.), counsel advised his client that he "could" be deported and that there "can" be a deportation. The Court of Appeals found that because the immigration consequences in that case were "clear" (that there would be an automatic deportation and denial of reentry), counsel had a duty to give his client "clear advice about those consequences." Advising the defendant that he "could" be deported, not that the guilty plea would result in automatic deportation, indicated that counsel's performance fell below an objective standard of reasonableness, thereby satisfying the first prong of Strickland.