In re Chairez

1 Analyses of this admin-law by attorneys

  1. CO Supreme Ct: Motion to withdraw available for ineffective assistance claim based on deferred judgment

    University of Denver Sturm College of LawFebruary 7, 2013

    Kazadi, No. 11SC264, slip op. at 18. Colorado’s AILA chapter raised similar concerns in its amicus brief to the court based on the BIA’s position in Matter of Chairez-Castañeda, 21 I&N Dec. 44, 48 (BIA 1995), that adjudications pursuant Colorado’s deferral of judgment statute are convictions for immigration law purposes.The idea that the dissenter, Chief Justice Bender, is suggesting is that noncitizens will have less reason to seek or accept deferred judgment or, if they do take it, they’ll have less reason to abide by the terms, because they’ll potentially face removal but won’t have the ability to vacate the conviction until they violate the terms of the deferred judgment conviction because it’s only upon violation of the terms that they have a conviction under Colorado law.