Professor García Hernández joined Capital in 2010 after serving as a visiting assistant professor at the University of Tulsa College of Law and practicing immigration law. Professor García Hernández also served as a law clerk at the Rhode Island Superior Court.  As an attorney, Professor García Hernández primarily represented individuals in removal proceedings as a result of criminal records. His scholarship and teaching likewise focus on immigration law. He has authored several articles concerning the policing of immigration law and the convergence of criminal law and immigration law. He teaches Torts, Criminal Procedure, Immigration Law and a seminar titled Crimmigration.

Career Highlights 

• Visiting Assistant Professor, University of Tulsa College of Law

• Associate Attorney, Law Offices of Raúl García and Associates, McAllen, TX

• Judicial Clerkship, Rhode Island Superior Court

Selected Publications 

• Criminal Defense After Padilla v. Kentucky, Georgetown Immigration Law Journal (forthcoming 2012)

•  Due Process and Immigrant Detainee Prison Transfers: Moving LPRs to Isolated Prisons Violates Their Right to Counsel, 21 Berkeley La Raza Law Journal 17 (2011)

• When State Courts Meet Padilla: A Concerted Effort is Needed to Bring State Courts Up to Speed on Crime-Based Immigration Law Provisions, 12 Loyola Journal of Public Interest Law 299 (2011)

•  La Migra in the Mirror: Immigration Enforcement and Racial Profiling on the Texas Border, 23 Notre Dame Journal of Law, Ethics, and Public Policy 167 (2009)

 View All Publications   

Selected Presentations: 

• Criminal Defense After Padilla v. Kentucky, Faculty Colloquium, Cleveland-Marshall College of Law, November 2, 2011; Central States Law Schools Association Conference, University of Toledo College of Law, October 29, 2011; LatCrit XVI Annual Conference, October 7, 2011; and Emerging Immigration Law Scholars and Teachers Conference, American University Washington College of Law, May 20, 2011

• Adopting Policing Techniques of the War on Drugs to the New Immigration Policing, ClassCrits IV: Criminalizing Economic Inequality, American University Washington College of Law, September 23, 2011

•  When State Courts Meet Padilla: Unrealistic Burden, Mandate for Specialization, or the Supreme Court's (Inadvertent) Way of Throwing Immigrants Under the Bus?, presented at the symposium "Federalism at Work: State Criminal Law, Immigrants, and Immigration-related Activity" (Loyola Journal of Public Interest Law symposium), Loyola University New Orleans College of Law, November 5, 2010

• Fundamentally Unfair: The Due Process Implications of the Department of Homeland Security's Transfer Policy for Detained Lawful Permanent Residents, Chase Northern Kentucky University College of Law, September 2, 2010; Ohio Legal Scholarship Workshop, University of Toledo College of Law, June 25, 2010

Online Resources 

crImmigration.com 

CV (PDF) 

SSRN page