On February, 24, 2021, President Biden issued "A Proclamation on Revoking Proclamation 10014," which rescinds President Trump's ban on processing immigrant visas. 

Family members of U.S. citizens have experienced extensive delays as a result of President Trump's prior proclamation that halted processing of all immigrant visas. With President Biden's new announcement, U.S. consulates will begin processing immigrant visas that are already pending. 

There will be an extensive back-log and unfortunately, family members of U.S. citizens and lawful permanent residents will likely still experience substantial delay. 

Check out the American Immigration Lawyer's Association press release for additional information: www.aila.org/advo-media/press-releases/2021/partial-end-of-immigration-ban
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If you have need an experienced immigration attorney, call Padilla Law for a consultation. 

Beth Padilla is now accepting new immigration cases in Santa Fe, New Mexico.  Santa Fe clients can meet with Beth by phone, video conference, or in-person in Santa Fe.

Beth has been an immigration attorney for ten years and has been named as a Rising Star by Super Lawyers magazine.
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Beth is accepting family-based cases in addition to VAWA, U visas, and T visas. Call Padilla Law at 970-764-4547 to schedule an appointment.

In January, 2021, President Biden announced new immigration enforcement priorities for the U.S. Department of Homeland Security. Effective immediately, the Department of Homeland Security should prioritize the following immigration violations:

1. National security. Individuals who have engaged in or are suspected of terrorism or espionage, or whose apprehension, arrest and/or custody is otherwise necessary to protect the national security of the United States.

2. Border security. Individuals apprehended at the border or ports of entry while
attempting to unlawfully enter the United States on or after November 1, 2020, or
who were not physically present in the United States before November 1, 2020.

3. Public safety. Individuals incarcerated within federal, state, and local prisons and jails released on or after the issuance of this memorandum who have been convicted of an “aggravated felony,” as that term is defined in section 101(a) (43) of the Immigration and Nationality Act at the time of conviction, and are determined to pose a threat to public safety.

Although individuals who do not fall into the enforcement priorities can still be apprehended by the Department of Homeland Security, this additional guidance from President Biden should direct federal resources to the most important immigration violations. 

COVID-19 has presented many challenges to our entire society, and the Court room is no exception. It can be very daunting to have a Court appearance during COVID and it is important to understand how proceedings are being conducted.

First, every Court is handling COVID differently. If you have a Court appearance and you are not represented by an attorney, call the Court clerk to be sure that you understand how to appear in Court.

In southwest Colorado, there is always an option to appear by phone or by WebEx. WebEx is a video conferencing app that allows the Judge to see you and you can see everyone as well. You can download the app for free and the Court clerk will give you the meeting ID number so that you can connect to the hearing.

You can also call into Court using a special phone number for WebEx. Each judge has his or her own meeting ID number. Again, you can get all of this information from the clerk.

When you are appearing in Court, it is extremely important that your phone or computer is muted at all times, unless the judge is directly speaking to you. 

If you have an evidentiary hearing, it will be important to appear via video with WebEx. It can be very helpful to have an attorney during an evidentiary hearing so that the lawyer can introduce exhibits, examine witnesses, and make objections.

Under some circumstances, especially in criminal law, you may wish to be present in person. It is very important that you check with the court to be sure that it is permissible for you to appear in person.

Padilla Law has been representing clients by WebEx throughout the COVID-19 pandemic. We are available to help you with your case and we are accepting new criminal defense cases at this time. 

Paul and Beth Padilla were both selected as Rising Stars by Super Lawyers' magazine for 2020.

This honor is reserved for lawyers who exhibit excellence in practice. Only 2.5% of attorneys in Colorado receive this distinction. 

Beth Padilla recently became the Secretary/Treasurer of the Four Corners section of the Colorado Bar Association. The Four Corners Bar Association is located in Cortez, Colorado and will allow Ms. Padilla to be more involved with local attorneys. Keenan Lovett will serve as the President with Jon Riedel serving as the Vice President. 

Mediation is an opportunity for parties to a law suit to reach agreements. Mediation is often used in dissolution of marriage (divorce) cases. Mediation allows the parties to reach resolutions in their case without litigating the entire matter before a judge.

Often times, parties think that they either have to obtain an attorney or go through mediation. That is not the case. In a divorce, it is very common for a husband and wife to each obtain their own attorney and then eventually resolve their case via mediation.

Paul and Beth Padilla are professionally trained mediators. They will sit down with the parties and help them reach agreements. Paul and Beth will draft the mediation statement during the mediation so that the parties leave with an agreement they can present to the Court.

Paul and Beth offer mediation services at a discounted rate and are accepting new mediation clients now. Paul and Beth can mediate in Durango, Colorado or Montezuma County, Colorado. Padilla Law's main office is now located in Mancos, Colorado.


Keywords: Cortez mediation, Cortez mediation, Mancos mediation, alternate dispute resolution, Durango mediator

If you are facing criminal charges, you likely will be working with a criminal defense attorney. Sometimes, a client will choose to plead guilty in exchange for a plea offer.
Often, a defense attorney will reach out to the prosecutor to see if there is an offer in the case. The prosecutor has very little information about the client as a person or his life experience. 
It is very helpful for a client to provide mitigating information to his or her attorney. For example, if a client is charged with a drug offense, it is very helpful to present evidence of drug treatment and rehabilitation to the prosecutor. 
If you are working with a defense attorney in an effort to secure a favorable plea offer from the prosecutor, consider providing information about your mental health status, employment history, information about your children or other relatives for whom you are responsible.

It is important to understand the possible penalties if you find yourself charged with a crime in Colorado.

In general, there are three levels of misdemeanors in Colorado. There are first, second, and third degree misdemeanors. There are different punishment ranges for drug misdemeanors and certain extraordinary risk crimes. A heightened punishment may be imposed if a person has committed certain misdemeanors in the past (for example, a second conviction for violation of protection order can carry a longer sentence than the first conviction). 

The most serious misdemeanor, a first degree misdemeanor, carries a potential penalty of 6-18 months in jail. A second degree misdemeanor could result in 3-12 months in jail. Whereas a third degree misdemeanor could mean up to 6 months in jail. A person may also face fines and court costs if convicted of a misdemeanor.

It is important to speak with a criminal defense attorney before pleading guilty to any criminal charge, even if it is a misdemeanor. 

Padilla Law's main office is in Montezuma County, Colorado and we are accepting new criminal defense cases.



​Cortez, Mancos, Dolores, criminal defense. 

Attorney Beth Padilla litigated a case at the Colorado Court of Appeals addressing numerous child welfare issues, including the Indian Child Welfare Act (ICWA).

In the published opinion, the Court of Appeals determined that 1) a foster parent that no longer has the foster children in their care loses standing at the trial court; and 2) a trial court's denial of a tribe's request to transfer jurisdiction to tribal court is a final order based on the collateral order doctrine.

In Colorado, a foster parent may seek to intervene in a child welfare case after having the child in their care for three months. In this case, the children were then moved to a new foster home. The Court of Appeals determined that the original foster family could no longer participate in the proceeding once the children were no longer in their care.

In addition, the Court of Appeals determined that a trial court's denial of a tribe's motion to transfer the case to tribal court was a final order for appellate review. The Court of Appeals applied the collateral order doctrine and explained that "The collateral order doctrine permits — in limited circumstances — appellate review of an interlocutory order despite its non-final nature." 

The full decision can be found here: law.justia.com/cases/colorado/court-of-appeals/2019/18ca1478.html
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