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Immigration Daily August 19, 2004
Previous Issues
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Editor's Comments

Nationality Law

Nationality law is a part of the INA (INA stands for the Immigration and Nationality Act). In fact, AILA, the American Immigration Lawyers Association was originally called the Association of Immigration and Nationality Lawyers (AINL). However, nationality remains an important area of law, particularly in light of the special immigration measures affecting nationals of the list of 26 countries (especially affecting nationals from the "Terrible 7" countries). The specific issues that come up for the list of 26 include NSEERS issues (exit procedures, re-registration, change of address notification) and special security checks which can throw a wrench into even the lengthy processing times today. Sadly, many immigration attorneys often bear the brunt of their client's frustrations over NSEERS, special security checks, etc. that affect nationals from the list of 26. Immigration Daily is not about to change its name to Immigration & Nationality Daily but we will keep you on top of nationality issues as we always have.


ILW.COM Focus

Sanctuary! Strategems To Winning In Asylum Practice

The curriculum for our new seminar series "Sanctuary! Strategems To Winning In Asylum Practice" is as follows:

FIRST Phone Session on August 31st: Planning The Case

  • Persecution And Well-Founded Fear Issues
    • Persecution Defined
    • Non-Physical Harm (threats, economic harm, discrimination, etc.)
    • Gender-Based Harm
    • Harm Not Considered to be Persecution (prosecution, civil strife, etc.)
    • Harm to Juveniles
    • Countrywide Persecution (non-governmental persecutors)
    • Changed Conditions
  • Causation and Nexus, the "on account of" issue
    • Proving "Circumstantial" Evidence of Causation
    • Proving Motivation of the Persecutor
    • Mixed Motive Cases
    • Issues Related to Non-Governmental Persecutors
    • Political Opinion (What is it?; "Imputed" Political Opinion)
    • Particular Social Groups (What is a Social Group; "Immutable" Characteristics"; Gender Based Claims; Juvenile Cases)
    • Claims Based on Race, Religion, Nationality
  • Withholding of Removal - Torture Convention

SECOND Phone Session on September 23rd: Bars to Relief and Preparation of Application

  • Bars To Relief
    • One Year Bar - Filing Deadline (Changed Circumstances; Extraordinary Circumstances)
    • Reinstatement of Removal Orders
    • Resettlement
    • Criminal Bars
    • Persecutors
    • Discretionary Denials
  • Preparing the Application and Documentation
    • Statement - How Detailed Should it be? (Contents; Language; Avoiding Credibility Problems)
    • Documentation - Individualized (medical records, evidence of political involvement, photos, Affidavits, arrest Records, new articles, etc.); Background Evidence - (sources, websites, types of evidence)
    • Witnesses - Personal (those with direct knowledge); Expert (medical, psychological, political, human rights, etc.)
  • Packaging and Filing the Claim
    • Preparing Documentation (highlighting, indexing, tabbing, paginating, etc.)
    • Local Court Rules
    • Court Filing Deadlines
    • Witness Lists

THIRD Phone Session on October 14th: Presentation In Court

  • Getting Your Documents Into the Record
    • Dealing with DHS attorney objections (Authentication; Hearsay - 3rd Party Written Statements; Timeliness; Other Objections - relevance, completeness, etc.)
    • Expert Statements (Where Expert not in Court for Cross-examination)
    • Objections to DHS Documents (I-213, Asylum Officer's Notes, Forensic Reports)
  • Presenting The Applicants Testimony in Court
    • Preparation of your client
    • Types of questions (simple, direct, non-leading)
    • Chronology
    • Dealing with DHS attorney objections
    • Dealing with Judge's interruptions (making your record)
    • Objections to DHS attorney cross-examination questions
    • Credibility issues
  • Expert Witnesses
    • When to use them
    • Where to find them
    • Proving expert qualifications
    • Focusing the expert
    • Motions for telephonic testimony
  • Cross Examination of DHS Witnesses
    • Asylum Officers
    • DHS Inspectors/Investigators
  • Other Issues
    • Closing Arguments
    • BIA Appeal
    • Circuit Court Review
  • Filing with the Asylum Office
    • Limitations on Role of Attorney
    • Differences with Court Presentations
The deadline to register is Friday, August 27th. For more info, detailed curriculum, speaker bios, and registration information, see: http://www.ilw.com/seminars/august2004.shtm. (Fax version: http://www.ilw.com/seminars/august2004.pdf.)


Featured Article

Waiver of the Visa Screen Certification Requirement for Qualified TN Healthcare Workers: Employment, Licensure, Advance Parole
Zlata A. Dikaya, Esq. writes "On July 26, 2004 DHS waived the Visa Screen certification requirement for Canadian and Mexican healthcare workers who come to the US to work in a Trade NAFTA (TN) category under the NAFTA of January 1, 1994."


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

EOIR Releases Latest Disciplinary Actions
The EOIR announced its latest disciplinary actions: two attorneys immediately suspended.

DOS Cable On Revision Of 9 FAM 41.25
The Department of State issued a cable correcting the omission of Poland from the list of countries under the North Atlantic Treaty Organization (NATO).

DHS Limits Border Patrol's Arrest Of Undocumented In Interior Enforcement
The Washington Times reports "The DHS wants to restrict the US Border Patrol's arrest of illegal aliens in the nation's interior, concerned that the recent apprehension of 450 illegals by agents in inland areas of Southern California failed to consider the "sensitivities" of those detained."


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 - Immigration Attorney
The Law Offices of Jessica Dominguez, a rapidly expanding immigration law firm based in San Fernando Valley, CA seeks an immigration attorney to work on a wide range of cases (employment-based immigrant and nonimmigrant visa petitions, deportation, family-based immigration, and naturalization) in a diverse, full-service immigration law practice. Ideal candidate has minimum 2 years experience - exceptional, motivated candidates with less experience are also encouraged to apply. Responsiblities include: representing aliens before immigration officers and in immigration courts. Excellent legal research/writing and outstanding communication skills required. The right candidate possesses initiative and the ability to work independently. Spanish language a plus. We have a great office environment and wonderful clients. E-mail cover letter, resume, + salary requirements in confidence to Jessica Dominguez at: lawofficesofjd@aol.com.

Credential Translation And Evaluation Service
Are you looking for certified translations for immigration purposes? American Evaluation and Translation Service, Inc. (AETS), a corporate member of the American Translators Association, provides certified translations in over 100 languages. Since AETS primarily caters to law firms and universities, AETS' linguists, all of whom either have Master's degrees or more than five years of translation experience, are experts in the field of immigration-related translations. Why entrust anyone else with such important documents? Contact AETS today for a free quote. For a copy of their Application for Translation Service, please click here: http://www.aetsinternational.com/ApplicationForTranslationService.pdf. Or you may contact AETS at (786) 276-8190, send an email to translations@aetsinternational.com or simply fax the documents to (786) 524-0448 or (786) 524-3300. AETS provides Educational, Work Experience and Position Evaluations. For more information, please visit the website at http://www.aetsinternational.com or call (786) 276-8190.

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:
I believe the record should be set straight regarding O.Sanchez's letter stating that Chucky in his letter, proposes to ban the H-1B visa category. Chucky in this letter was expressing support for my opinion that certain family based categories should be eliminated (Chucky made no reference to H-1B's). I am not aware of Chucky's opinions on the H-1B, but my previous letter went on to expressly advocate the easing of restrictions on the H-1 employment categories, not eliminating them. Like O. Sanchez, I oppose the concept of another amnesty in the wake of the failed 1986 Amnesty Program, that at the time of its inception was designed and touted by its supporters to be the beginning of the end of illegal immigration to the US, through the provision instituting employer sanctions. Employer sanctions over the past twenty years as a means to end illegal immigration have not worked, the Amnesty program of 1986 did not work, and in my opinion, Amnesty in any shape or form will not work to the betterment of our American society. History has shown us that what Amnesty 1986 did do was to severely overburden the Family Based visa quota system to a breaking point from which in twenty years it has still not recovered. In this election year, let us not turn immigration into a political football for the sake of garnering a few votes, by offering special interest groups the promise of a brighter tomorrow, rather let us clean up the broken immigration system mess in a way that benefits the economy and people of the US, while maintaining homeland security in these troubled times.

David D. Murray
Newport Beach, CA


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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