Remove then Query fails in JPA/Hibernate (deleted entity passed to persist)?

To be honest, it's hard to say without the mappings (especially the cascading options), without the exact stack trace and without the real code as the pseudo code is very likely not showing the real problem. So this answer is more a shot in the dark (and you should consider posting the mentioned details).

Might be a problem with the synchronization. Try to call Session.flush() before you create the TagPhoto.

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