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Glenwood Springs Rally Against Woman’s Immigration Deportation

| May 9, 2012 | Immigration |

Denver Immigration and Criminal Records

IMMIGRATION – Glenwood Springs locals staged a rally in order to protest the deportation of a Basalt woman who has lived in Colorado for 21 years, and is a married mother of two sons. Glenwood Springs and Basalt are part of the 9th Judicial District in Colorado, which is comprised of Garfield, Pitkin, and Rio Blanco County. Immigration and Customs Enforcement (I.C.E.) officials requested an order of deportation and the order was upheld by an immigration judge in 2008 after the woman was convicted in Garfield County Court of providing False Information to Authorities (a misdemeanor) in order to obtain a state ID card (C.R.S. 18-8-111). Her attorney recently filed for a stay of deportation and is asking I.C.E. officials to reconsider the order, citing the fact that she has a reputation in the community as an upstanding citizen, and her eldest son (a natural born U.S. Citizen) has just received a scholarship to a prestigious University.

Jefferson County Misdemeanor Crimes and Deportation

In Douglas, Jefferson, and Adams County, even misdemeanors such as False Reporting (C.R.S. 18-8-111) or Obstructing a Peace Officer (C.R.S. 18-8-104) can have serious and unforeseen immigration and deportation consequences. While this woman is not a legal resident, even lawful residents of the United States (who are here on a green card) can be deemed as deportable aliens if they are convicted for certain crimes as outlined by Federal Law (8 U.S.C. § 1227). Additionally, a criminal conviction in Denver, Boulder, Aurora, or any other Colorado jurisdiction can impede persons from becoming naturalized citizens because the U.S. government requires that they prove they have “good moral character.”

Adams County Deferred Judgments

While normally plea deals with Colorado District Attorneys’ offices that involve a deferred judgment, a suspended sentence, or probation are considered to be desirable, these kind of deals may have equally bad immigration consequences as a straight conviction. Because the term “conviction” is defined more broadly under federal law, a deferred judgment or a conviction that includes probation or a suspended sentence may provide no benefit to a person facing deportation.

If you have been accused of a crime in Weld, Larimer, or El Paso County, don’t allow the government to treat you like the woman in this story and separate you from your family and friends. The relationship between state criminal charges and federal immigration law is incredibly complex, and only an experienced criminal defense attorney can help you navigate these stormy waters. Be smart, exercise your right to remain silent, and call The O’Malley Law Office at 303-731-0719. Together, we can protect your future.