LexisNexis® Legal Newsroom
Two New Accredited Reps on Colorado's Western Slope

My friend Marketa Zubkova , originally from the Czech Republic, recently received her BIA accreditation for DHS petition matters. Together with Nicole Bernal Ruíz at the Hispanic Affairs Project , Marketa will continue to provide caring, competent representation to immigrants on Colorado's...

Colorado Supreme Court Upholds Employers’ Rights To Fire Employees For Medical Marijuana Use

2015 CO 44; 2015 Colo. LEXIS 520 An employee of DISH Network was discharged after he testified positive for THC during a random drug test. The employee was a quadriplegic confined to a wheelchair and obtained a state-issued license to use medical marijuana to treat painful muscle spasms caused by...

Your Editor On the Road, Moving to Colorado!

Posting to www.bibdaily.com may be light and/or delayed for a few days. I'm moving from Austin, returning to my native Colorado, zip 80540. Please bear with me as I pack and unpack boxes. (Have laptop, tablet and smartphone, will relocate!) - Daniel M. Kowalski

Troutman Sanders: 10th Circuit Upholds Colorado’s Renewable Portfolio Standard

On July 13, 2015, the United States Court of Appeals for the 10th Circuit (“10th Circuit”) upheld the State of Colorado’s renewable portfolio standard (“RPS”) as valid under the dormant commerce clause. In doing so, the 10th Circuit held that the RPS (1) was not a price...

Immigrants Recover $305K In Colo. Wage Theft Settlement - Law360

Law360, Aug. 3, 2015 - "A Colorado federal judge signed off Friday on a $305,000 settlement between a suburban Denver Mexican butcher shop and greengrocer and workers, many of them immigrants, who have accused the store of failing to pay a minimum wage and stiffing workers on overtime. U.S. District...

Colorado H-2A Sheepherders' Lawsuit Alleges Wage Fixing: Llacua v. Western Range Assoc.

"The industry is not shy in viewing shepherds less as employees with legal rights and more as indentured servants who should be subject to even criminal sanction if they refuse to work. One sheep rancher and MPAS member recently introduced a state bill that would have made it a crime for a shepherd...

Colorado's Rural Schools Use International Teachers To Fill The Gaps

"Bethune, Colorado, has a population of about 237. It’s 45 miles from the nearest Walmart -- and that’s in Goodland, Kansas. Hop onto Interstate 70, head west for an hour or so and you can get to Limon, Colorado. It's even farther from the Philippines. And from Puerto Rico. But those...

Dire Scarcity of Workers in Colorado Landscaping Industry

Alicia Wallace, Denver Post, Mar. 13, 2016 - "Golden-based B&D Landscape Inc. already has work booked into July, so owner Bill Goings knows he'll need at least two three-person crews to meet his customers' demands through the busy fall. If he doesn't, his balance sheet could take...

J-1 Visa Au Pair FLSA Wage Suit Advances in Colorado; Collusion Smoking Gun? - Beltran v. Noonan

Beltran v. Noonan, Mar. 31, 2016 - "Plaintiffs’ circumstantial evidence presented sufficient circumstantial evidence of a viable economic theory of collusion ... the Court agrees with [Magistrate] Judge Tafoya’s conclusion that the FLSA applies to Plaintiffs’ claims. ... [T]he...

Change of Venue for Your Editor

April 4, 2016, Colorado Dear Friends and Colleagues, As of this date I am very pleased to announce that I have officially returned to my natal state of Colorado and re-joined the Allott Immigration Law Firm , www.allott.com , where I began my immigration law career 31 years ago. New contact info...

No Remedy for Man Attacked by Police K-9

The Colorado Supreme Court has ruled that a man detained in a vehicle during a traffic stop had no remedy for personal injuries he sustained when he was attacked by a police dog. Plaintiff was a passenger in the back seat of the vehicle and complied with police orders to place his hands in the air. However...

EOIR to Open Aurora, Colorado Detained Immigration Court on May 31, 2016

EOIR, May 17, 2016 - "The Executive Office for Immigration Review today announced it will be establishing a full-time presence and opening an immigration court in the Department of Homeland Security contract detention facility in Aurora, Colo., on May 31, 2016."

News Excerpts From the July 1, 2016, Bender’s Immigration Bulletin

Colorado Repeals Employment Verification Requirement | On June 8, 2016, Colorado Gov. John Hickenlooper signed a bill (House Bill 16-1114) repealing a state requirement that employers maintain a separate affirmation form and retain copies of documents presented when newly hired employees complete...

Colorado Policy Letter, Refugees, Health Care (Sept. 13, 2016)

Colo. Dept. of Health Care Financing & Policy, Sept. 13, 2016 - "The purpose of this agency letter is to advise eligibility sites on a change in policy determining eligibility for Health First Colorado (Colorado's Medicaid Program), and Child Health Plan Plus (CHP+) for individuals who are...

CA10 on CIMT: Flores-Molina v. Sessions

Flores-Molina v. Sessions, Mar. 7, 2017 - "Francisco Flores-Molina is an undocumented alien subject to removal from the United States. An immigration judge determined he is ineligible for cancellation of removal because he has been convicted of a “crime involving moral turpitude.” The...

Lawsuits Claim American Man Falsely Imprisoned by ICE in Colorado

Blair Miller, ABC Denver, Mar. 8, 2017 - ICE agents illegally detained Colorado US citizen for days because he was Hispanic, lawsuits claim - "You don't look like you were born in Montrose." "A Gunnison man born in Colorado was picked up by immigration officers after a court...

Pitkin County, Colorado (Aspen) Passes Pro-Immigrant Resolution

Aspen Times, Apr. 27, 2017 - "Pitkin County commissioners proudly passed a pro-immigrant resolution Wednesday that defies a recent executive order by President Donald Trump. "This is one of the most important resolutions Pitkin County has ever passed," Commissioner Steve Child said...

Colorado Supreme Court on Preemption, Smuggling: Fuentes-Espinoza v. People

Fuentes-Espinoza v. People, Oct. 10, 2017 - "This case requires the supreme court to determine whether Colorado’s human smuggling statute, section 18-13-128, C.R.S. (2017), is preempted by the federal Immigration and Nationality Act, 8 U.S.C. §§ 1101–1537 (2017) (“INA”...

GEO Group Takes a Hit in TVPA, Colo. Unjust Enrichment Class Action: Menocal v. GEO

Menocal v. GEO, Feb. 9, 2018 - "This appeal addresses whether immigration detainees housed in a private contract detention facility in Aurora, Colorado (the “Aurora Facility”) may bring claims as a class under (1) 18 U.S.C. § 1589, a provision of the Trafficking Victims Protection...

Unless You’re an American Citizen, Legal Marijuana is Not For You

Ann Marie Awad, Colorado Public Radio, Feb. 12, 2018 - "Marijuana may be a multi-billion dollar industry in Colorado, but cannabis is still illegal federally — so any job in the industry can be considered trafficking in a controlled substance. Normally, this hasn’t been a tricky distinction...

Advocates: New Colorado Probation Guidance Turns The Courts Into ‘ICE’s Lackey’

Allison Sherry, CPR, Feb. 22, 2018 - "State officials are encouraging probation officers to offer up more information to immigration authorities about their clients than the law requires — including helping Immigration and Customs Enforcement make arrests at probation appointments. Guidance...

Colorado Sheriff Faces ACLU Class Action Over Immigrant Detention

Amanda Pampuro, Courthouse News, Feb. 27, 2018 - "The ACLU accused a Colorado sheriff of breaking state law Tuesday by wrongfully detaining released persons for ICE. At the request of Immigration and Customs Enforcement, El Paso County Sheriff Bill Elder has held numerous individuals in prison...

CA10 on CIMT: Mungia-Baeza v. Sessions

Mungia-Baeza v. Sessions - "Mr. Munguia-Baeza was not convicted under the theft statute. Instead, he was convicted of first-degree aggravated motor vehicle theft under Colo. Rev. Stat. § 18-4-409. Unlike the theft statute, Mr. Munguia-Baeza’s statute of conviction does not require a specific...

Detainer Victory in Colorado Based on State Law: Cisneros v. Elder (Prelim. Injunction)

Cisneros v. Elder - "Plaintiffs’ request for a preliminary injunction is GRANTED. Defendant is ENJOINED from relying on ICE immigration detainers or ICE administrative warrants as grounds for refusing to release the Plaintiffs from custody when they post bond, complete their sentences, or...

Colo. Gov. Signs Tuition Bill for Foreign Nationals Settled in Colorado

SB 18-087 - In-state Tuition Foreign Nationals Settled In Colorado, signed Apr. 12, 2018 - "...Refugees approved for resettlement by the United States government have been rigorously vetted and lawfully admitted to the United States under the federal "Refugee Act of 1980", and many thousands...