United States Immigration and Customs Enforcement ("ICE") has announced a new policy, scheduled to be in effect as of September 1, 2019, to expand the use of "expedited removal" to deport noncitizens from the United States. The Trump Administration had directed Department of Homeland Security ("DHS") in 2017 to expand the use of expedited removal. This new policy announcement is implementation of those directives, and means that the use of expedited...

Around the office lately, I’ve noticed an increase in consultations related to DUI arrests. For many immigrants, a DUI arrest begins the one-way trip back to their home country. For any arrest, proper legal counsel should be sought from an immigration attorney to determine whether the arrest carries immigration consequences. For most permanent residents and people in lawful status, one simple alcohol-related DUI causes little harm to one’s immigration status. However,...

Over the past two years, due to a major shift in priorities by the Department of Homeland Security, as well as a very understaffed court, the Denver Immigration Court put thousands of cases on hold and set hearings out to a “place holder” date of November 29, 2019. In recent weeks, the Colorado Chapter of the American Immigration Lawyers Association has been informed by the Court that it will begin resetting...

The Transactional Records Access Clearinghouse (TRAC) recently reported that the backlog for the immigration courts grew to an astounding 445,607 as of April 30, 2015, nationwide. The backlog appears to be the result of a changed focus for the courts to hearing cases involving recent arrivals and unaccompanied minors. Representing 15.7% of the docket, unaccompanied minors cases appear to be moving quickly as there were just over 700 fewer cases at...

Respondents in removal proceedings have been having their upcoming hearings rescheduled in recent months, to a date in 2019. This date happens to be the day following Thanksgiving in 2019. Over the past several months, many immigration courts around the country, including Denver, have been vacating or cancelling scheduled hearings and resetting those hearings to November 29, 2019. This date, however, is merely a “place holder” on the court’s docket to...

On December 15, 2014, in a completely unprecedented move, the Colorado Bar Association’s (CBA) Executive Committee met and unanimously voted to provide matching funds of up to $50,000 in order to fund the Rocky Mountain Immigrant Advocacy Network (RMIAN) Children’s Program (http://www.rmian.org/childrens-program/) and to provide legal services to Unaccompanied Children in Immigration Removal Proceedings. CBA President Charles F. Garcia highlights the CBA’s action in his article, “Children on the Run,” published...

The U.S. Immigration Court in Denver, Colorado currently has three active Immigration Judges and a docket of over 8000 cases.  The Denver Immigration Court and the foreign nationals living within its jurisdiction are fortunate to have distinguished, highly competent, and thoughtful immigration judges. Unfortunately, the majority of foreign nationals on the Denver Immigration Court docket are unlikely to have their hearings in front of these judges any time soon.  As we...

Earlier this month, our attorneys had an opportunity to participate in pro bono efforts, assisting detained women and children in Artesia, New Mexico, from the Denver Immigration Court. Women and children refugees, fleeing violence in El Salvador, Guatemala, and Honduras, have been approaching the southern border, seeking refuge, in record numbers over the past several months.  Most cross into the United States, and immediately seek Border Patrol officers and request asylum...

Colorado and Washington have recently legalized marijuana use and possession in small quantities. In fact, they join a total of 23 states and the District of Columbia which have some sort of permissible marijuana use, including medical marijuana. 14 states have decriminalized its possession or use. However, marijuana possession and use are still crimes for federal purposes as they are Schedule I substances regulated by the Controlled Substances Act. This brings...

Nearly one year after the U.S. Supreme Court’s decision in United States v. Windsor, striking down Section 3 of the Defense of Marriage Act (DOMA), Immigration and Customs Enforcement’s (ICE) Office of the Principal Legal Advisor (OPLA) has announced that it will agree to reopen removal proceedings for individuals previously ordered removed from the United States who are now eligible for immigration relief based on a lawful, bona fide, same-sex marriage...

As a result of recent Court decisions in the Third Circuit Court of Appeals and Oregon Federal District Court, many Colorado sheriffs’ departments have announced that they will no longer honor Immigration Detainer requests issued by  Immigration and Customs Enforcement (ICE). For the past several years, individuals in criminal custody who were suspected by ICE of being present in the United States in violation of U.S. immigration law could be subject...

Earlier this month, while attempting to access the Denver Immigration Court located in the Byron G. Rogers Federal Building, Managing Partner David Kolko was denied entry to the public lobby of the federal building and the Denver Immigration Court when he declined to show photo identification to federal agents guarding the building. Mr. Kolko fully agreed to proceed with regular and necessary security screening, including the use of a metal detector...