Cesar Cuauhtemoc Garcia Hernandez

Padilla v. Kentucky’s Inapplicability to Undocumented and Non-Immigrant Visitors

The Supreme Court’s recognition in Padilla v. Kentucky that the Sixth Amendment right to counsel requires criminal defense attorneys to advise noncitizen defendants of the possibility of deportation prior to pleading guilty…more
| Criminal Law, Immigration Law

Change to Pretrial Diversion Could Lead to Deportation

A simple change in the Hidalgo County District Attorney's pretrial diversion policy has the potential to result in the deportation of many criminal defendants who would otherwise be able to remain in the United States…more
| Criminal Law, Immigration Law

Due Process and Immigrant Detainee Prison Transfers: Moving LPRs to Isolated Prisons Violates Their Right to Counsel

Although the overwhelming majority of individuals detained in immigration prisons are transferred from one prison to another, their relocation, this article suggests, frequently violates the Fifth Amendment‘s due process…more
| Constitutional Law, Immigration Law

When State Courts Meet Padilla: A Concerted Effort is Needed to Bring State Courts Up to Speed on Crime-Based Immigration Law Provisions

Padilla v. Kentucky’s recognition of deportation consequences as a component of the Sixth Amendment effective assistance of counsel guarantee promised dramatic impact on criminal proceedings involving noncitizen…more
| Constitutional Law, Criminal Law, Immigration Law
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