Professor Ediberto Román Quoted in the Miami Herald on Retroactivity

In the Miami Herald, FIU Law Professor Ediberto Román is quoted on whether retroactivity is applicable for defendants who say their lawyers did not warn them of the deportation risk of taking a plea deal.

Professor Román is a nationally-acclaimed scholar and an award-winning educator with broad teaching interests and an extensive scholarship portfolio. His principal research interest involves analyzing the construction and interpretation of constitutional law and immigration policy.  His work may be best described as traditional in its structure and use of authority, but critical in its perspective. Román’s research necessarily deals with the intersection of, on the one hand, citizenship law, immigration law, public international law, and constitutional law and, on the other hand, theoretical perspectives based on classic philosophy, neo-liberal theory, critical race theory, post-colonial studies, Diaspora literature, and social theory generally.

Legal fight over deportation warnings heating up in South Florida

The Florida Supreme Court this week will hear argument for defendants who say their lawyers did not warn them of the risk of taking a plea deal.

By DAVID OVALLE

Gabriel Hernandez arrived in the United States from Nicaragua when he was 2 years old. Now 30 and a legal resident, he boasts a bachelor’s degree and works as a successful computer network administrator for a Miami bank group.

There is one blemish on his record. At 19, he was arrested on charges of selling LSD.

In an outcome typical for first-time offenders, Hernandez pleaded guilty and accepted a year of probation in return for a promise that no felony conviction would appear on his record.

But Hernandez insists he never understood that the plea deal could wind up getting him deported to Nicaragua.

In front of the Florida Supreme Court this week, Hernandez’s lawyers will argue his plea deal should be thrown out — and the outcome could affect hundreds of similar cases in Florida.

The legal wrangling comes two years after the U.S. Supreme Court threw out the conviction for a Kentucky man, Jose Padilla, whose lawyer failed to warn him that he would be deported after pleading guilty. This is the case that Hernandez and hundreds of others hope would allow them to strike down their convictions.

But state and federal courts across the country, have split on whether the Padilla decision applies to past cases like Hernandez’s. Miami’s appeals court didn’t think so, and last year denied Hernandez claim – and has done the same for 71 similar cases… Read more at MiamiHerald.com »

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