[Review of] Felix M. Padilla. Latino Ethnic Consciousness: The Case of Mexican Americans and Puerto Ricans in Chicago

Felix M. Padilla\u27s contribution to the growing body of literature on Latino/Hispanic identity in the United States represents a significant departure from the way most social scientists have approached their analysis of ethnic identity and consciousness. On his way to putting together a conceptual framework for supporting his thesis of an emerging Latino ethnic identity and consciousness, Padilla provides a substantial in-depth analysis of the Mexican American and Puerto Rican community-based organization in Chicago during the early 1970s

Precedent, Fairness, and Common Sense Dictate that Padilla v. Kentucky Should Apply Retroactively

In 2010, the Supreme Court decided the landmark case of Padilla v. Kentucky. The Padilla Court\u27s holding was that failure of counsel to advise a non-citizen criminal defendant about the immigration consequences of a guilty plea constitutes ineffective assistance of counsel. This article addresses whether Padilla applies to convictions that occurred before Padilla was decided, in March 2010. First, this article provides background on relevant immigration law, Padilla v. Kentucky, and the Supreme Court\u27s retroactivity case law. Then, this article considers how lower courts have addressed the issue of retroactivity in the approximately twenty-seven months after the Padilla decision. This article also provides in-depth analysis of circuit courts and state supreme courts which have addressed the retroactivity issue. This article then critically analyzes the common arguments for and against applying Padilla retroactively. Finally, this article proposes that Padilla apply to all non-citizens who have been deported as a result of ineffective assistance of counsel. On April 30, 2012, the Supreme Court granted certiorari to decide the issue this article discusses. Although confused and confusing, the Supreme Court\u27s retroactivity case law supports a finding that Padilla applies retroactively. Similarly, fairness dictates that noncitizens who have received ineffective assistance of counsel, and been deported as a result, should be afforded a remedy. Common sense also dictates that Padilla applies retroactively. A plain reading of the Padilla case clearly imagines the retroactive effect of the Padilla holding. Moreover, the Supreme Court\u27s application of the Padilla rule to Jose Padilla was, in every sense, similar to those who would benefit from Padilla being retroactive. For these reasons, precedent, fairness and common sense dictate that Padilla should apply retroactively

Stacking the Deck against Suspected Terrorists: The Dwindling Procedural Limits on the Government\u27s Power to Indefinitely Detain United States Citizens as Enemy Combatants

This Note examines Padilla v. Bush as an example of the contemporary application of enemy combatant law. This Note argues that in present and future applications of enemy combatant law, courts should treat Padilla as the preferred model of application because Padilla preserves more Constitutional protections, specifically the right to counsel in bringing a habeas petition, than do Hamdi or Quirin. The Padilla decision is preferable to Hamdi because Padilla restricts the movement of enemy combatant law away from the ex- press criminal protections of the Constitution. In contrast, Hamdi greatly accelerates such movement

Stacking the Deck against Suspected Terrorists: The Dwindling Procedural Limits on the Government\u27s Power to Indefinitely Detain United States Citizens as Enemy Combatants

This Note examines Padilla v. Bush as an example of the contemporary application of enemy combatant law. This Note argues that in present and future applications of enemy combatant law, courts should treat Padilla as the preferred model of application because Padilla preserves more Constitutional protections, specifically the right to counsel in bringing a habeas petition, than do Hamdi or Quirin. The Padilla decision is preferable to Hamdi because Padilla restricts the movement of enemy combatant law away from the ex- press criminal protections of the Constitution. In contrast, Hamdi greatly accelerates such movement

Letter to Pedro Padilla-Rosa regarding SEAALL Annual Meeting, April 6, 2000

A letter from Catherine Lemann to Pedro Padilla-Rosa thanking Padilla-Rosa for his hard work on the SEAALL Annual Meeting

Unequal Treatment of United States Citizens: Eroding the Constitutional Safeguards

This comment examines the unequal treatment of United States citizens who are labeled enemy combatants by looking at the factual and procedural background of Padilla, Hamdi and Lindh. Next, this comment examines the origins of the label enemy combatant and the constitutional safeguards afforded to criminal defendants in similar situations as Padilla, Hamdi,and Lindh. The terrorist acts Padilla, Hamdi, and Lindh are accused of involve international laws. Therefore, this comment will examine the Geneva Conventions as a means to understand humanitarian protections that may cover Padilla and Hamdi. Finally, this comment will provide recommendations for some of the issues raised

Pablo E. Saracino. Lorenzo de Padilla: un cronista anónimo del siglo XVI

Pablo E. SaracinoLorenzo de Padilla: un cronista anónimo del siglo XVIBuenos Aires, Miño y Dávila, 2016. 127 p.ISBN 978-84-16467-24-2Pablo E. SaracinoLorenzo de Padilla: un cronista anónimo del siglo XVIBuenos Aires, Miño y Dávila, 2016. 127 p.ISBN 978-84-16467-24-

A Changed Neighborhood Reinvestment Corporation Intervention Strategy for Puerto Rico

This paper presents an analysis of the community development field and of NeighborWorks organizations in Puerto Rico as a conceptual framework for developing a changed intervention strategy by Neighborhood Reinvestment Corporation. It was developed by Tubal Padilla Galiano, management consultant, with research and other assistance from Deepak Lamba Nieves, community development intern. Our hope is to promote a focused discussion that will lead to the necessary adjustments for the effective development of Puerto Rico-based NeighborWorks organizations

To Plea or Not to Plea: Retroactive Availability of Padilla v. Kentucky to Noncitizen Defendants on State Postconviction Review

The United States incarcerates hundreds of thousands of noncitizen criminal defendants each year. In 2010, there were about 55,000 criminal aliens in federal prisons, accounting for approximately 25 percent of all federal prisoners. In 2009, there were about 296,000 noncitizens in state and local jails. Like Jose, these defendants usually do not know that their convictions may make them automatically deportable under the INA. Under the Supreme Court\u27s recent ruling in Padilla v. Kentucky, criminal defense attorneys have an affirmative duty to give specific, accurate advice to noncitizen clients regarding the deportation risk of potential pleas. This rule helps assure that, going forward, noncitizens will be in a position to make informed plea decisions. Knowing the potential consequences of a conviction, they may choose to go to trial, risking a longer sentence but possibly avoiding conviction and subsequent deportation. Unfortunately, for some noncitizen defendants, Padilla was decided too late; at the time Padilla was announced, they had already pleaded guilty, relying upon the advice of defense counsel who failed to advise them of the potential immigration consequences of their conviction. Under what circumstances should relief be available to such noncitizen defendants? This Note argues that courts should apply the rule of Padilla v. Kentucky retroactively on state postconviction review to at least the limited group of defendants whose cases were on direct review when Padilla was decided

[Review of] Felix M. Padilla. Latino Ethnic Consciousness

An analysis of the concept of Hispanic or Latino as a form of an ethnic conscious identity and behavior separate from the individual ethnic identity of Mexican Americans, Puerto Ricans, Cubans and another Spanish speaking groups is the subject of Latino Ethnic Consciousness. Its focus is Chicago Mexican American and Puerto Rican populations