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Immigration Daily July 15, 2004
Previous Issues
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Editor's Comments

Time Change

We are pleased to announce that ILW.COM seminars are now held 2:00 - 3:30pm (EST), seminars were previously held 1:15 - 2:45pm (EST). This change was made to better accommodate our seminar participants. For example, many West Coast participants felt that 10:15 am was a bit too early and our new time is easier to remember. We invite your feedback on this issue. Write to webmaster@ilw.com. All correspondence will be kept confidential and not published.


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

Immigration Without Labor Certification: When And Why To File An EB-1 Or NIW Petition
Cletus M. Weber discusses four of the most common employment-based alternatives for obtaining permanent residency without going through the labor certification process.


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

GAO Identifies Areas Visa Revocation Process Can Be Enhanced
The Government Accounting Office (GAO) issued a report concluding that weaknesses in the visa revocation process remained and identified actions including (1) adoption of unified standard operating procedures defining roles and responsibilities for all government agencies in visa revocation process and (2) clarification of legal authority relating to the removal of aliens whose visas have been revoked.

DOS Responds To Visa Waiver Program Query
During a Department of State press briefing, DOS Spokesman Boucher responded to a query on the Visa Waiver program from the Czech Interim Foreign Minister.

Texas Immigration Lawyer Is Coined Wal-Mart Of Legal Profession
The Houston Chronicle reports "Manuel Solis does not claim to be the smartest lawyer in Houston. Certainly he is not the richest. But among a certain segment of society ó the below-the-radar world of the illegal or tenuously legal ó he may be the best known."


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

Help Wanted: Experienced Immigration Attorney
The Law Offices of Michael J. Gurfinkel, an immigration law firm with offices on both the East and West Coasts, seeks an associate attorney for its Los Angeles, CA offices. Ideal candidate must have minimum 3+ years extensive experience in all areas of immigration law to be considered, including removal/deportation, AOS interviews, family and employment based petitions and consular processing. Position offers opportunity for occasional travel outside Los Angeles, CA area. Please fax or e-mail: resume, salary requirements + writing sample to the attention of Millie at (818) 543-5802 or attorney@gurfinkel.com.

Help Wanted: Immigration Legal Assistant
Shulman, Rogers, Gandal, Pordy & Ecker, P.A., Maryland's largest independent law firm outside of Baltimore city (75+ attorneys), seeks an immigration legal assistant. Experience desired in: employment-based IV (EB-1, EB-2, EB-3), NIV (E-1, E-2, H-1B, L-1A, L-1B, O-1), family-based IV, naturalization, AOS, consular processing, I-9 compliance/employer sanctions, and litigation. College degree and 1+ years of experience required. Ideal candidate possesses superior analytical, organizational, and communication skills. Must be proficient in word processing, spreadsheet, and immigration forms applications. Duties include heavy client contact, legal research, and immigration petitions. Work with a team of experienced immigration attorneys and professionals who are passionate about the practice of immigration law in a fast-paced, collegial setting with large law firm resources. Excellent salary/benefits package offered. If you enjoy challenging work with direct client contact and are equally passionate about immigration law, we want to hear from you. Send resume to Maura Bowen, HR Manager by fax 301-230-2891 or email mbowen@srgpe.com.

Help Wanted: Experienced Immigration Attorney
Paparelli & Partners LLP, a leading immigration law firm with an established national practice, has an immediate opening for a moderately experienced Immigration Lawyer fluent in Japanese to work at its office in Irvine, California. If you have what it takes, you will become immersed in cutting-edge immigration law issues while working with multinational companies and high-achiever individual clients to perform the full range of immigration legal services. This job is for you if you are a multi-talented multi-tasker, attentive to details, express yourself well in person and on paper, work well as part of a team, love challenges, are willing to work hard, have a spotless ethical record, are admitted to practice law in California or another state and have up to three years of U.S. immigration law experience. If you'd like to pursue this exciting opportunity, fax your resume + cover letter to Chris McCoy at 949-955-5599 or e-mail her at cim@entertheusa.com. No phone calls please.

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
Are you getting RFE's when you use other credential evaluation companies? American Evaluation and Translation Service, Inc. (AETS) provides 'Expert Opinion' Position Evaluations and Work Experience Evaluations completed by PhD university professors who have the "authority to grant college level credit for work experience and/or training." AETS evaluations are consistently accepted by the USCIS because the evaluations are completed by PhD Professors from four different universities with expertise in most major academic fields. AETS also provides the most competitive rates in the industry -$50 educational evaluations and $200 Position and Work Experience Evaluations. AETS offers a variety of turn-around times, including Same-Day Educational, Position and Work Experience Evaluations. For a complete list of prices and turn-around times, please see: http://aetsinternational.com/applicationforevaluationservices.pdf. Additionally, AETS provides certified translations in 100+ languages, with translators that are specialists in 80+ fields. For a copy of the Application for Credential Evaluation and Translation Services, contact AETS at (786) 276-8190, visit http://www.aetsinternational.com, send an email to info@aetsinternational.com, or simply fax documents to (786) 524-0448 or (786) 524-3300.

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.

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:
In his piece, Mr. Bower passionately and logically decries the outsourcing of law enforcement personnel. While I understand his concern, I would like to point out that the British outsource airport security and seem to get not only better security than the federalized, unionized US airport security workforce, but also impose less upon the convenience and creature comforts of travelers passing through the United Kingdom. Our greatest allies manage to accomplish all this while fighting an on again off again terrorist insurgency. Done right, we could increase security and cut costs, but rent seeking behavior by various pressure groups responsible for crafting policy have conspired to limit both.

Honza J. F. Prchal, Esq.
Birmingham, AL

Dear Editor:
Mr. Roeder's letter seems to treat fingerprinting of foreigners as a matter of inconvenience rather than as an intruding institution and Chucky's letter speaks casually of fingerprinting and interviewing all "illegal" immigrants. Fingerprinting in such a manner has been opposed in other democracies, and in the US until recently. It treats an entire group of people as criminals, and has been associated with bias and discrimination. In Japan, for example, fingerprinting has been a symbol of discrimination against resident Koreans, and after years of struggle by Koreans, lawyers, and scholars, the fingerprinting system has been rolled back. However, it is now being considered for reinstitution after the US model of fingerprinting all foreigners. There is a worldwide impact on how the US treats foreigners. There will always be people who argue for security measures no matter what the cost. But I hope that lawyers would be the last to sacrifice the constitutional values of equality, personal liberty, and human dignity in the course of that pursuit.

Akiba T.

Dear Editor:
In brief response to Mr. Murray's letter stating the the profile of a terrorist did not include flight school students, I am afraid that is an incorrect assertion. The FBI was well aware that multiple individuals on their terrorist watch list were attending flight school, they just didn't tell anyone else. I hope that if the busboys or dishwashers from Mexico that I worked with in restaurants as I paid my way through college and law school are actually Islamic extremist terrorists in disguise the government will let us know. I expect they would since they now let us know to look for people taking pictures of monuments, power plants, etc..

Justin Randolph, Esq.
Chicago, IL

Dear Editor:
I strongly support Kim Mensha's remarks about ICE. Although a small fraction of the government apparatus is actually used to pursue suspected terrorists, the rest is comprised by a bunch of bureaucrats that have no motivation to do things well. Where the majority of the individuals receiving immigration benefits pay taxes but have no voice or vote, the bureaucratic machinery gets out of hand by lack of accountability and does whatever it wants. The oversized and inefficient federal government is not able to rein-in illegal immigration simply because laws are unenforceable. Free movement of workers across borders is a natural human activity and it is inextrinsically attached to human progress, free trade and prosperity. To make things worse, there is a schizophrenic message delivered by politicians that donít want to fix the legal immigration mess but propose to reward undocumented immigrants. Not until common sense starts reigning again over the ideologically charged discourse of protectionists, nativist, populists, militarists, neo-Malthusians and the unions, we will see the light at the end of the immigration tunnel. Let this country reclaim its love for the Jeffersonian ideals of peace and commerce.

Sebastian
Washington, DC


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

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