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Immigration Daily July 8, 2004
Previous Issues
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Editor's Comments

Misguided Security Derails Immigration

A recent illustration provided by the GAO provides a birds-eye view of our domestic security's layered defense strategy. The illustration is a powerful visual tool that captures the multiple levels of defense measures the US has implemented post-9/11 to secure our nation against Al Qaeda. Much of the post-9/11 deterioriation in immigration benefits delivery is due to initiatives implementing the layered defense strategy which is graphically captured by this GAO document.

The critical weakness of the remarkably comprehensive strategy that this graphic visually represents is that it may lull us into a false sense of security. It is highly unlikely that all the initiatives encompassed in this multi-tiered defense strategy can prevent a really determined group of suicidal truck bombers. For little and dubious reward, the price we pay as a nation in our civil liberties is disproportionately high. Nazi Germany tried an even more comprehensive domestic security system, the failures of which are well-documented. If our misguided response to 9/11 draws us closer to a Gestapo State, Al Qaeda may have already won.


ILW.COM Focus

Curriculum For "The Three Rs: Removal, Relief and Review"

The curriculum for "The Three Rs: Removal, Relief and Review" is as follows:

FIRST Phone Session on July 28th: "Please release me, Let me go..."
(Arrest and Hearing; detention issues, removal grounds, burden, defenses, suppression)

  • Reason to believe, warrant, arrest
  • Detention standards, habeas and "custodian" Rumsfeld v. Padilla (S. Ct. June 21, 2004)
  • Right to counsel, approach to practice, client representation, developing the case
  • Immigration judge duties, bias and recusal
  • Hearing rights and meaningful exercise
  • Burden of proof, "arriving alien," FOIA, exhaustion/making the record
  • NTA defects, notice & service, evidentiary insufficiency, res judicata
  • Non-hearings: Stipulated hearing, expedited hearing, & reinstatement of removal

SECOND Phone Session on August 19th: "Crazy, these cases are making me crazy...."
(More Defenses and Challenges in cases involving domestic violence, inabsentia rulings, classified evidence, citizenship, adjustment options, alternate dispositions)

  • Stops and incrimination: Hiibel v. Sixth Judicial District Court of Nevada, Humboldt County, (S. Ct. 6/21/04)
  • Alienage and 5th amendment suppression challenges
  • Negotiating with ICE, prosecutorial discretion, stipulation
  • VAWA cancellation, adjustment, exceptions, waivers and deferred action
  • Classified evidence cases; closed hearings, no hearing
  • Conviction "after admission," evidence of conviction, I-213, Jencks Act
  • New charges, effect of grounds not charged or proved on eligbility and review
  • Inabsentia motions, notice, exceptional circumstances, due diligence, reopening

THIRD Phone Session on September 16th: "Stay - Just a Little While Longer"
(Relief and review)

  • Adjustment, voluntary departure, 212(c)/cancellation of removal, 212(h).
  • Combined relief: Gabrelsky/Rainford adjustment, nunc pro tunc permission to reapply (I-212)
  • Discretionary relief and Lopez v. Davis blanket standards
  • AG mixing of statutory standards (Matter of Jean; Matter of K-A-; Matter of Y-L-, et al.)
  • BIA appeal standards, summary dismissal, NOA and streamlining, remand
  • Involuntary waiver of appeal; unlawful removal; self-deportation
  • Petition for review jurisdiction and exhaustion standards under section 242
  • Habeas petitions, stays of removal
The deadline to register is Monday, July 26th. For more info, detailed curriculum, speaker bios, and registration information, see: http://www.ilw.com/seminars/july2004.shtm. (Fax version: http://www.ilw.com/seminars/july2004.pdf.)


Featured Article

The McCarran-Walter Act: A Contradictory Legacy on Race, Quotas, and Ideology
Alicia J. Campi at the Immigration Policy Center writes "The [McCarran-Walter] Act was an important, historic piece of immigration legislation, although only an imperfect step toward ending discrimination based on race in US immigration policy."


Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here: http://www.ilw.com/seminars/

Immigration Law News

USCIS Releases Monserrat TPS FAQs
The USCIS released FAQs on the termination of Temporary Protected Status (TPS) for Monserrat Nationals.

USCIS Announces New Work Authorization Document For Micronesia Nationals
USCIS announced a change in the documentation that citizens from the Federated States of Micronesia (FSM) can use as proof of permission to work in the US. Effective immediately, an unexpired FSM passport with unexpired documentation showing admission under the Compact of Free Association (CFA) is valid proof of work authorization.

DHS Issues RFIs To Vendors On Immigration Systems Overhaul
Government Computer News reports "The Homeland Security Department has asked vendors for advice on a revamped immigration processing system using outsourced services and data mining."


Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info: http://www.ilw.com/membership/

Classifieds

Case Management Technology
INS-Experts Inc. is an eCommerce provider of US Immigration solutions globally. The company offers a web based solution for popular USCIS applications and forms through its website: www.INS-Experts.com. INS Experts is now offering its application preparation solutions to Immigration consultants/ professionals, as well as related organizations at discounted prices. Partnership opportunities are also available for manufacturers/ distributors of US Immigration related products and services. For more information about these opportunities, please contact Mr. Puneet S Parmar, Director of Business Development INS Experts Inc., 12280 Saratoga Sunnyvale Road, Suite 116, Saratoga, CA 95070. Phone: 408-517-4212, Email: Puneet.Parmar@insexperts.com.

Help Wanted: Experienced Immigration Attorney
Are you an expert in immigration law? Do you have high energy? Are you process oriented and extremely organized? If yes, Microsoft has an opportunity for you in Redmond, WA. We are seeking an immigration attorney to take on a new position within our immigration team. Key responsibilities include: I-9 compliance and J visa issues; Ensure regulatory compliance; Implement internal controls and review existing processes; Possible travel to Microsoft sites to conduct I-9 compliance trainings; Due diligence reviews and analysis to M&A teams; Secure legal work authorization in the US for individuals on temporary/permanent basis. Desired qualifications include: 5+ years of solid business immigration experience, ability to effectively lead and motivate others, excellent writing skills, exceptional communication and interpersonal skills, strong attention to detail, proficiency with Microsoft technology a plus, BA/BS and JD required. Submit resume in word format to resume@microsoft.com and please indicate job code N145-115057 in the subject line.

Help Wanted: Experienced Immigration Attorney
Business Immigration Attorney with 4-6 years related experience sought for the mid-town NY, NY office of Fragomen, Del Rey, Bernsen & Loewy LLP. Must possess excellent analytical and client service capabilities, and be familiar with all immigrant and non-immigrant visa categories. Please fax or email your resume + writing sample to Rick D'Aversa at 212-891-7566 or rdaversa@fragomen.com.

Credential Evaluation And Translation Service
As the industry leader in foreign credential evaluations and translations, American Evaluation and Translation Service, Inc. (AETS) provides the most competitive rates in the industry - $50 Educational Evaluations, as well as $200 'Expert Opinion' Work Experience and Position Evaluations completed by PhD university professors who have the "authority to grant college level credit for work experience and/or training." AETS offers a variety of turn-around times, including Same-Day service for Educational, Work Experience and Position Evaluations. For a complete list of their prices and turn-around times, please see: http://aetsinternational.com/applicationforevaluationservices.pdf . Additionally, AETS provides certified translations in over 100 languages, with translators that are specialists in over 80 fields. For a copy of the Application for Credential Evaluation and Translation Services, please contact AETS at (786) 276-8190, visit the website at http://www.aetsinternational.com or send AETS an email: info@aetsinternational.com.

Help Wanted: Experienced Immigration Attorney
Do you have a passion for writing? Do you find using technology to enhance business communication satisfying? Are you an expert in Immigration Law? If yes, Microsoft has an opportunity for you in Redmond, WA. We are seeking an Immigration Attorney to take on a new and challenging position within our Immigration team. Key responsibilities include: Enhance and maintain the internal immigration Web site delivering and maintaining content of great quality and customer value; Create and implement a strategic plan for the Web site that will assist in achieving the groups business goals and satisfy customer needs; Prepare internal client updates; Legal research and preparation of legal documents; Exercise your extensive immigration knowledge to help others secure legal work authorization in the US on a temporary and permanent basis. Desired qualifications include: 5+ years of solid business immigration experience, Excellent writing and editing skills with an emphasis on writing, immigration content for a variety of audiences, Demonstrated ability to manage legal staff, Proficiency with Microsoft technology a plus, BA/BS and JD required. Please submit your resume in word format to resume@microsoft.com. Please indicate job code N145-114972 in the subject line.

Help Wanted: International Legal Coordinator
International Legal Coordinator (multiple openings) - Bachelor's degree in Law, International Studies/Relations, or languages. Requires 2 years' experience in preparation of business and work visa petitions and applications. Experience must include visas for foreign countries with diverse immigration systems. To apply, send resume to atlstaffrecruit@paulhastings.com. Include reference name: HR/IMM. No Phone Calls Please. Paul, Hastings, Janofsky & Walker LLP, 600 Peachtree Street, Suite 2400, Atlanta, GA 30308

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
For information on advertising in the classifieds please click here

For a listing of current immigration events please click here
For services/products of use in your law practice please click here


Letters to the Editor

Readers are welcome to share their comments, email: editor@ilw.com.

Dear Editor:
Is this your serious and considered professional opinion? "... ICE seems to believe its mission is that of hounding the undocumented using criminal investigation techniques. ICE should not lose sight of its primary mission: to help protect our homeland by hunting terrorists, it should leave dishwashers, cooks, and gardeners alone." Really? You expect the part of the government responsible for immigration not to engage in law enforcement activities that might inconvenience illegal aliens? I really regret that INS got folded in to DHS. Now every time anyone tries to actually perform their immigration-related duties some moron can say "why aren't you out chasing terrorists?" Hey: Secret Service is in DHS too. Do you think they should abandon their posts at the White House and go hunt terrorists, too. Maybe the Coast Guard would catch more terrorists if they'd abandon their dinghies and get with the program, too?

Doug Ellice

Dear Editor:
Immigration Daily readers may want to know the news that Texas Attorney General Abbott won a judgement against a woman who defrauded South Texas immigrants, permanently shutting down fraudulent immigration consulting agency operated by Martha Uresti.

Paul Parsons, Chairman
State Bar of Texas Committee on Laws Relating to Immigration & Nationality


An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Send Correspondence and articles to editor@ilw.com. Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

Editorial Advisory Board
Marc Ellis, Gary Endelman

© Copyright 1999-2004 American Immigration LLC, ILW.COM


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