Colorado is home to more than 300,000 non-U.S. citizens, many of them in Denver. Though immigrants are fundamental to America’s identity, immigrants are always just one conviction away from being deported.
If you are a non-citizen in Colorado, you may be removed from the United States if you are convicted of either:
- aggravated felonies,
- crimes involving moral turpitude, and/or
- other deportable offenses, such as drug crimes, gun crimes and domestic violence crimes
That is why it is vital to retain legal counsel as early as possible after your arrest. An attorney may be able to get your charges dismissed or reduced to a non-deportable offense.
Even if you have already been found guilty of a deportable crime, you still may be able to remain in the U.S. You could be eligible to get your judgments vacated through such post-conviction relief measures as:
- 35(c) motion,
- motions for reconsideration, and/or
- motions for a new trial
Below, our Denver criminal defense attorneys answer frequently asked questions about how aliens facing prosecution in Colorado can stay in the U.S. Click on a topic to go to that section.
- 1. When can I be deported?
- 2. What are deportable offenses in Colorado?
- 3. What do I do if I was arrested for a deportable crime in Colorado?
- 4. Can I still stay in the U.S. after a conviction?
You can be removed from the U.S. if you get convicted of a deportable crime.
1. When can I be deported?
It depends on whether you have lawful immigration status or not.
Illegal aliens
If you are undocumented, you can be thrown out of the U.S. just for being in the U.S. illegally. You do not have to commit any other crime in order to be removed by Immigration and Customs Enforcement (ICE).
Legal aliens
You have lawful immigration status if you are a:
- visa-holder,
- green-card holder (legal permanent resident),
- asylee, or
- refugee
As a legal alien, you get deported usually only when you get convicted of a deportable crime. (Though in today’s political climate, the future of immigrant rights is uncertain.)1
Deportable crimes include aggravated felonies, drug crimes, gun crimes, domestic violence crimes, and crimes involving moral turpitude.
2. What are deportable offenses in Colorado?
If you get found guilty of committing a deportable offense, you can be removed from the U.S.
The majority of deportable offenses in Colorado include aggravated felonies, drug crimes, gun crimes, domestic violence offenses, or crimes of moral turpitude:
Aggravated felonies
Aggravated felonies are deportable. Aggravated felonies comprise several different kinds of Colorado offenses, including murder, rape, and some theft and fraud offenses.
Aggravated felonies are typically “intent crimes.” This means you had to intend to commit the crime in order to be guilty of it.
Consequently, a non-intent crime like DUI is usually not classified as an aggravated felony in Colorado. (DUIs are non-intent crimes because you can be found guilty of it even if you had no intention of driving drunk.)2
Drug crimes
Possessing, selling, or making drugs are deportable offenses. In fact, simply admitting to being a drug addict or a drug dealer can make you deportable.
The one drug crime that does not lead to deportation is “possession of marijuana for personal use” as long as the marijuana weighed in at (30) grams or less.3
A non-citizen convicted of a gun crime in Colorado can be deported from the U.S.
Gun crimes
Firearm crimes in Colorado are deportable. Common examples of deportable firearm crimes include the unlawful purchase of a firearm, illegal discharge of a firearm, and carrying concealed guns without a permit.4
Domestic violence crimes
Like it sounds, domestic violence refers to physical violence between dating partners. In Colorado, domestic violence is not a separate crime. Instead, it is an enhancement that applies if domestic violence occurred during the commission of other crimes.
Examples of Colorado crimes that domestic violence enhancements can attach to include:
- stalking,
- assault,
- menacing, and
- harassment
You may also be deported for violating a restraining order in Colorado.
Note that domestic violence also qualifies as an aggravated felony and a crime of moral turpitude. That is why it is often called a “triple whammy” deportation crime.5
Crimes Involving Moral Turpitude (CIMTs)
Crimes involving moral turpitude (CIMT) are particularly immoral offenses. Common examples of CIMTs in Colorado include:
- murder
- voluntary manslaughter
- kidnapping
- rape
- solicitation of prostitution
- carrying a concealed weapon with intent to use
If you were convicted of only one CIMT, you may avoid deportation unless:
- the CIMT is a felony, AND
- the CIMT was allegedly committed within five years of coming to the U.S. (or 10 years in some rare circumstances).6
3. What do I do if I was arrested for a deportable crime in Colorado?
Being charged with a deportable crime does not guarantee that you will get convicted. A good plea deal could save you from deportation.
An arrest is just the start of a criminal case. Also, just because you get charged does not mean you will get convicted.
However, if you are facing prosecution for deportable crimes, you should hire a criminal defense attorney right away in an effort to avoid a conviction.
A defense attorney’s job is to try to negotiate with the state to either:
- get the case dismissed, or
- get the charge reduced to a non-deportable offense.
If the attorney is successful, there will be no conviction, and you may stay in the U.S.
4. Can I still stay in the U.S. after a conviction?
Once you are found guilty at trial or through a plea in Colorado, it is difficult to overturn the conviction. Though there are ways that could invalidate the conviction and keep you in the U.S.:
35(c) petitions
Also called post-conviction relief, 35(c) petitions ask the judge to review whether your verdict or sentence is invalid. If you can show that you were denied your constitutional rights, the judge may set aside your judgment.7
Motion for a new trial
A motion for a new trial is where you ask the trial judge for a redo. If you can persuade the judge that the trial suffered from serious errors, the judge will overturn your verdict and schedule a new trial. This way, you have a fresh opportunity to negotiate a good plea bargain or have a better trial.8
Motion for reconsideration
A motion for reconsideration is when you ask the judge to grant you a lesser sentence. The judge may comply if you can show that your sentence was unduly harsh. If the judge lowers the sentence enough, then you may not be considered deportable anymore (depending on the case).9
Federal writ of habeas corpus
If all else fails, you can file a writ of habeas corpus in federal court. In this situation, the court reviews whether you are being held illegally. If the court finds for you, you may no longer be deportable.10
Additional Reading:
See our related article, ICE in Denver – Are they still apprehending people?
Arrested in Nevada? Read our article about the criminal defense of immigrants in Nevada.
Legal References
- Deportable Alien, USCIS; 8 U.S. Code § 1227 – Deportable aliens.
- U.S.C. 1227 (a)(2)(A)(iii); 8 U.S.C. 1101(a)(43).
- 8 U.S.C. 1227(a)(2)(B).
- 18 U.S.C. 921(a)(3); 8 U.S.C. 1227(a)(2)(C).
- 8 U.S.C. 1227(a)(2)(E).
- 8 U.S.C. 1227(a)(2)(A).
- C.R.S. § 18-1-410; Colorado Rules of Criminal Procedure 35(c).
- Colorado Rules of Criminal Procedure 33.
- C.R.S. § 18-1-102.5.; Colorado Rules of Criminal Procedure 35(b).
- 28 U.S. Code § 2241.