ILW.COM - the immigration portal Immigration Daily

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers

Home Page

Advanced search


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

Chinese Immig. Daily

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily

 

Chinese Immig. Daily



The leading
immigration law
publisher - over
50000 pages of free
information!

Copyright
©1995-
ILW.COM,
American
Immigration LLC.


Immigration Daily July 16, 2004
Previous Issues
The unmatched news resource for legal professionals. Free! Join 9000+ readers


Editor's Comments

The Big Three

From time to time, we report on issues unrelated to immigration law that would be of use to our readers, the recent events in the area of search technology bears such mention. Microsoft is committed to improving its search tool MSN Search after its failed bid to merge with Google. Google is the current undisputed leader in search, with its signature clean interface and search results displayed distinctly from sponsored listings. What does this mean for immigration attorneys? With Microsoft improving its search engine, expect to see many upcoming changes in the field of search, particularly among the Big 3: Google, MSN and Yahoo (AOL is powered by Google search technology). Search is the second most common activity after email for individuals using the Internet. For immigration attorneys interested in online paid listings, it may be best to wait and see until these changes have fully played out. Regardless, the Internet will be a necessary component of any immigration law firm's successful marketing strategy.


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

Your Marketing Efforts Sink, Swim Or Soar Depending On How Well You Satisfy The "Big C"
Trey Ryder writes "When your prospective clients need to hire a lawyer, do they hire you? Or are they skilled at finding ways to "put it off until tomorrow" - or much later?"


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

3rd Circuit Adopts Four-Part Preliminary Injunction Standard For Motions To Stay Removal Pending Judicial Review
In Douglas v. Ashcroft, No. 04-1906 (3rd Cir. Jul. 8, 2004), the court joined the 1st, 2nd, and 6th Circuits in holding that the proper standard of review for motions to stay removal was the traditional four-part test used for adjudicating motions for preliminary injunction: (1) a likelihood of success on the merits of the underlying petition; (2) that irreparable harm would occur if a stay is not granted; (3) that the potential harm to the moving party outweighs the harm to the opposing party if a stay is not granted; and (4) that the granting of the stay would serve the public interest. The court rejected both the 9th Circuit (two-prong) and 11th Circuit ("clear and convincing evidence") standard.

USCIS Says I-130 Petitions Adjudicated Upon Visa Availability
The USCIS issued a notice stating that I-130 petitions will be adjudicated based upon visa availability.

DHS Arrests 64 Undocumented, Human Smuggling Crackdown At LAX Airport
The Los Angeles Times reports "In the first coordinated operation to halt human smuggling at the world's fifth-busiest airport, uniformed Border Patrol agents and undercover immigration investigators arrested 64 undocumented immigrants on Tuesday and Wednesday."


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 Paralegals
Bratter Krieger LLP, a full service immigration law firm located in Miami Beach, FL seeks experienced paralegals to join its winning team. Paralegals must have minimum 2+ years experience in all business (NIVs-E, H, L, and O/P's) and family immigrant visa categories; EB-1 experience preferred. Bilingual language skills are required. Bratter Krieger LLP offers an excellent working environment plus a competitive benefits package. Applicants should be organized and motivated. Salary is commensurate with experience. Submit resume to Matthew Krieger by fax: (305) 695-4398 or email: matt@bkvisa.com.

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.

Immigration Law Conferences
CGFNS Hosts A Special Educational Initiative in Your Community - New U.S. Department of Homeland Security (DHS) Visa Regulations for Foreign Health Care Workers. As part of a major change in federal policy affecting hiring of foreign health care workers in the U.S., the DHS has issued new Section 343 rules requiring foreign health care workers who are seeking temporary or permanent occupational visas or Trade NAFTA status to obtain a special visa certification in order to deliver patient care and provide health care services in this country. The Commission on Graduates of Foreign Nursing Schools (CGFNS)/International Commission on Healthcare Professions (ICHP) are sponsoring a special educational program in your community about the new DHS rules. This timely educational initiative is designed to provide you with important information about the new rules and facilitate the process for foreign health care workers to obtain a visa certificate through the CGFNS/ICHP specially designed Visascreen™ program. The new federal DHS rules apply to: Registered nurses and licensed practical (vocational) nurses, Audiologists, Physical Therapists, Medical Technicians, Occupational Therapists, Medical Laboratory Technologists, Speech-Language Pathologists, Physician Assistants. Session Locations include: Washington, D.C. - Monday, June 14th, Chicago, IL - Thursday, July 8th, Miami, FL - Monday, August 23rd, Philadelphia, PA- Monday, August 16th, Seattle, WA - Monday, September 27th, New York, NY - Monday, October 4th, San Francisco, CA - Monday, October 18th, Atlanta, GA - Monday, November 1st. To register, contact Marla Downing, email: mdowning@cgfns.org, telephone 215-222-8454, x.242. Or visit http://www.cgfns.org/cgfns/newsandevents/specialevents.html

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:
As million across worldwide, there may be some hundred or thousands effected in Pakistan from this US imigration law, to unite the families some community people had tried to unite the families in the US, in the form of "V" visa. As hundreds and thousand of lawful permanent residents (LPR) also known as Green Card holders, are currently living in the US, seperated from there families, they are waiting for their I-130 (petetion for their relative) to be approved. The current waiting time is '6' years, while they wait thir spouse are are not allowed to enter US, even for abrief visit. This bring the LPR in to an extreme disadvantage.The soloution for this was created, thanks to Mr. Bill Clinton, who created the LIFE act in 2000. It is called the "V" visa, in which a LPR spouse can come to the US, who has been waiting for atleast three years, and whose I-13 has been filed on or before December 2000. Unfortunatetly the "V" visa is no longer available and expired on January 1, 2004, best soloution is to renew "V" visa. Recently in 108th congress, Rep Andrews (NJ-1), introduced a bill H.R. 3701 on January 20, 2004 and this bill is currently pending on jurdisation. The bill stated to renew the "V" visa upto January 2011 and to cut off the waiting time from 3 years to 6 months. In all aspects the Bill H.R 3701 is an excellent piece of legislation. So help and support this bill before the 108th Congress expires.

Asher Majid

Dear Editor:
Sebastian maintains in his letter that immigration laws are "unenforceable" because the flow of people across borders is "natural". First, immigration laws are not "unenforceable" as a practical matter. There is no practical reason, even with the technological mishmosh that exists among federal and state agencies, that immigration laws cannot be enforced. In fact, we are seeing increased enforcement of the laws, and a corresponding outcry of protests from people such as Sebastian. When enforcement has been directed against corporations, we've seen political lobbying. What is hindering enforcement of immigration law is not ability, but lack of will by politicians, influenced by parties with vested interests in continued illegal immigration. Secondly, it is also "natural" for human beings in groups to decide who they will admit to membership in a group, who they will not, and what the criteria should be. Coming to the US isn't just a matter of traveling across borders, but presenting yourself for membership in a society. Entering in the dead of night through a window, or entering under false pretenses, isn't the best recommendation I can think of for the character of someone seeking to be an "American". But then, it's doubtful these days that these lawbreakers want anything more than economic benefits, and only seek US citizenship as a means to that end.

Ali Alexander


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


Immigration Daily: the news source for
legal professionals. Free! Join 35000+ readers
Enter your email address here: