August 25, 2019

Archives for June 22, 2012

Scott Erickson Appointed as San Miguel County Court Judge

On Friday, June 22, 2012, Governor John Hickenlooper announced his appointment of Scott Erickson to serve as the new County Court Judge in San Miguel County. Erickson will fill a vacancy created by the death of the Honorable Sharon Shuteran. Erickson’s appointment is effective immediately.

Erickson is currently in private practice and focuses on civil litigation matters, real estate, and business transactions. Additionally, he serves as Municipal Judge for the towns of Ophir and Rico, a position he has held since 1999 and 2001, respectively. He also serves as the Deputy Municipal Judge of Telluride, a position he has held since 1999.

Erickson earned his bachelor’s degree from North Park University and a his law degree from the University of Denver Sturm College of Law.

Department of Homeland Security Announces Deferred Action for Eligible DREAMers

Editor’s Note: The new CBA-CLE book, Immigration Law for the Colorado Practitioner, is available for purchase. In addition to federal laws and regulations, lawyers must understand specific Colorado immigration laws and policies being implemented, and how they can affect their clients. This comprehensive reference covers an incredible range of practice issues, providing the necessary orientation, analysis, and authorities. It’s a new “must have” for the Colorado general practitioner, lawyers who focus their practice in areas that overlap with immigration law, as well as for lawyers who focus exclusively on immigration law. Click here for more information and to order.

By Kim Tremblay & Amber L. Blasingame

On June 15, 2012, Janet Napolitano, Secretary of the Department of Homeland Security (DHS), announced that the government will offer indefinite relief from deportation for young immigrants brought to the United States as minors.  Young immigrants, between the ages of 15 and 30 years old as of June 15, 2012, not in deportation proceedings will also be eligible to apply for deferred action.

Although this is not the DREAM legislation (Development, Relief, and Education for Alien Minors Act) that many have been pushing Congress to enact for years, it is a step in the right direction.  It will allow many young immigrants to come out of the shadows, support themselves, and use the skills they acquired in American schools in the workplace.  The DHS initiative will also provide more opportunities for young immigrants to apply and attend college or university, since many US post-secondary institutes require evidence of legal status for admission.  The department estimates that the new policy may benefit as many as 800,000 potential DREAMers.  However, many questions remain unanswered as both USCIS and ICE have 60 days to implement policies and procedures for filing deferred action requests.

Based on the results of DHS’s prior prosecutorial discretion initiative, it also remains to be seen whether this new policy will be any more successful for young immigrants in deportation proceedings.  The August 2011 DHS memo initiated a policy based on priorities to reduce the immigration court’s overbooked docket.  Under the prosecutorial discretion policy, DHS reviewed all 350,000 pending deportation cases nationwide and offered to administratively close about two percent of cases that were not priorities for DHS to pursue.  This was a much lower number than anticipated.  Thus, for young immigrants already in removal proceedings, it remains unclear whether this new policy will bring about much change.

More positive outcomes are expected for young immigrants who are not in deportation proceedings.  Applications for individuals who are not in deportation proceedings cannot be filed until USCIS implements a filing procedure.  In the meantime, however, potential DREAMers should consult attorneys to determine their eligibility for the program and start gathering documents to show that they meet the requirements. They should beware of individuals or agencies who claim they can help but who are not licensed to represent and assist individuals in this legal process.

Potential DREAMers physically present in the United States should also get documentation to show they are here from today and until deferred action is granted.  They should also hold on to anything to show they were present on June 15, 2012.

Individuals must meet the following requirements to be considered for deferred action:

  • Entered the United States before age 16 and not be above 30 years of age;
  • Have continuously resided in the U.S. for 5 years as of June 15, 2012;
  • Were physically present in the U.S. on June 15, 2012;
  • Are currently in school, have graduated from high school or earned a GED, or be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  • Have not been convicted of a serious crime or multiple minor crimes that pose a threat to the national security or public safety.

Those who meet the criteria will be qualified to obtain deferred action for two years, subject to renewal for an indefinite period of time, and will be eligible to apply for work authorization if they can show financial need.

Amber Blasingame is an associate attorney at the Joseph Law Firm and has focused her practice on immigration law since 1995. Kim Tremblay is also an associate attorney at the Joseph Law Firm who specializes in immigration law. They contribute to the Immigration Issues blog, where this post originally appeared on June 19, 2012.

The opinions and views expressed by Featured Bloggers on CBA-CLE Legal Connection do not necessarily represent the opinions and views of the Colorado Bar Association, the Denver Bar Association, or CBA-CLE, and should not be construed as such.

Colorado Court of Appeals: Announcement Sheet, 6/21/12

On Thursday, the Colorado Court of Appeals issued nine published opinions and twenty-eight unpublished opinions.

Published

Gandy v. Colorado Dep’t of Corrs.

People v. Montanez

Melssen v. Auto-Owners Ins. Co.

Slater Numismatics, LLC v. Driving Force, LLC

Andrew v. Teller County Board of Equalization

Schlapp v. Colorado Dep’t of Health Care Policy and Financing and Mesa Developmental Services

People v. Dean

Brown v. Jefferson County School District No. R-1

People v. Arzabala

Summaries of published cases are forthcoming, courtesy of The Colorado Lawyer.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. The case announcement sheet is available here.

Tenth Circuit: Unpublished Opinions, 6/21/12

On Thursday, June 21, 2012, the Tenth Circuit Court of Appeals issued no published opinions and four unpublished opinions.

Taylor v. Zavaras

Harris v. Roberts

United States v. Crosby

United States v. Lopez-Perez

No case summaries are provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.

Governor Hickenlooper Appoints New Members to Two Judicial Nominating Commissions

On Thursday, June 21, 2012, Governor John Hickenlooper announced several Board and Commission appointments, including appointments to the Fourteenth and Nineteenth Judicial District Judicial Nominating Commissions.

Colorado’s twenty-two judicial districts have judicial district nominating commissions that select nominees for district and county judicial vacancies. Each district nominating commission is chaired by a justice of the Supreme Court, who is a non-voting member of the commission.

Commission members serve six-year terms. Non-lawyers, who are the majority of every nominating commission, are appointed by the governor. Lawyer members are appointed by joint action of the governor, attorney general, and chief justice.

The member appointed to the Fourteenth Judicial District Judicial Nominating Commission for a term expiring December 31, 2017, is:

  • David M. Jones of Kremmling, to serve as a non-attorney and as a Democrat from Grand County.

The members appointed to the Nineteenth Judicial District Judicial Nominating Commission for terms expiring December 31, 2017, are:

  • Douglas P. Erler of Greeley, to serve as a non-attorney and as an Unaffiliated from Weld County.
  • Joseph J. Tennessen of Greeley, to serve as a non-attorney and as a Republican from Weld County.