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Immigration Daily March 22, 2005
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Comment

Get With The Legalization Program

In Iao v. Gonzales, No. 04-1700 (7th Cir. Mar. 9, 2005), the court cites "six disturbing features of the handling of this case that bulk large in the immigration cases that we are seeing":

  1. A lack of familiarity with relevant foreign cultures
  2. An exaggerated notion of how much religious people know about their religion
  3. An exaggerated notion of the availability, especially in poor nations, of documentary evidence of religious membership
  4. Insensitivity to the possibility of misunderstandings caused by the use of translators of difficult languages and relatedly, insensitivity to the difficulty of basing a determination of credibility on the demeanor of a person from a culture remote from the American
  5. Reluctance to make clean determinations of credibility
  6. Affirmances by the Board of Immigration Appeals either with no opinion or with a very short, unhelpful, boilerplate opinion
The court also noted,
"We do not offer these points in a spirit of criticism. The cases that we see are not a random sample of all asylum cases, and the problems that the cases raise may not be representative. Even if they are representative, given caseload pressures and, what is the other side of that coin, resource constraints, it is possible that nothing better can realistically be expected than what we are seeing in this and like cases."

This case illustrates the trend of cases adjudicated by an Immigration Judge that do not provide a detailed record and/or are not properly reasoned which are passed on to the circuit courts with nothing more than a rubberstamp from the BIA (this is the AWO procedure). Had the BIA reviewed this case, at least the obvious errors would have been caught. When the circuit courts do the job of the BIA, is that a proper allocation of national resources? We do not think so. How then did we end up with AWO? Our judicial system is being misused by some misguided folks to speed up the deportation process, the administration of justice be damned. The immigration case backlog truly belongs not before the BIA or before the circuit courts, instead it belongs in the queue for permanent residency. We urge those using the ostrich strategy of sticking their heads in the sand while the storm of global labor mobility swirls all around them to wake up and smell the coffee and get with a legalization program.

We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.


Focus

Immigration Books

P. J. Patel was the first to bring the INA out in book form specifically for immigration lawyers (for the fascinating story behind what attorneys take for granted today - the INA as a reference tool - see, The Story Of The Whole Act). Patel's Immigration Law Library includes the Fully-Indexed PERM Rule. This book includes: (a) A comprehensive and easy-to-use 12 page topical index to the PERM Rule; (b) 10 Key Questions on PERM by Gary Endelman; (c) The PERM World: A Temporary Answer to a Permanent Immigration Problem by David Nachman; and (d) DOL Memorandum: Technical Instructions Regarding Unprocessed Permanent Foreign Labor Certification Cases. For more on Patel's Immigration Law Library, see http://www.ilw.com/books/.

"Labor Certification by Joel Stewart - THE PERM BOOK" consists of four parts: (a) The first part of this book is a detailed section-by-section interpretation of the PERM rule by Joel Stewart and his lengthy commentary on the changes wrought by the rule; (b) The second part of the book is a "How To" section with Joel Stewart's tips on filling out Form 9089; (c) The third part of the book is articles on specific topics related to the PERM rule by many noted practitioners; and (d) The fourth part of the book is comprised of many useful appendices including: The PERM rule, the current rule, key Department of Labor contact information and other helpful information. The book will be over 500 pages in length and will be an essential reference tool for serious labor certification practitioners. Orders for this book will be shipped according to the principle first ordered, first shipped (the expected publication date is April 2005). For more info, and to order, see here.


Article

PERM: The New Paradigm For Labor Certifications
Edwin R. Rubin, Esq. writes "This article will acquaint the reader with the new procedures and substantive changes and discuss some of the challenges faced by practitioners under PERM."


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/

News

Falun Gong Asylum Denial Should Not Be Unreasoned
In Iao v. Gonzales, No. 04-1700 (7th Cir. Mar. 9, 2005), the court said that while there may be many millions of followers of Falun Gong in China who may prefer to live in the US, and while the US has every right to control immigration, Congress has not authorized the immigration service to do so by denying asylum applications in unreasoned decisions.


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
Mitchell C. Zwaik & Associates, a growing broad-based immigration firm in Suffolk County, New York seeks 1-2 associates for immediate opening. Must have excellent research, writing & case management skills and at least 1-3 years experience in either litigation/appeals (EOIR, BIA, mandamus, petitions for review) or business immigration (labor cert., H-1B, L-1A, E-2). Some Saturday work required. Send cover letter with salary requirements, resume and writing sample to Mitchell Zwaik: mczwaik@zwaik.com.

Help Wanted: Immigration Paralegal
Grotta, Glassman & Hoffman, P.A. seeks an experienced full-time immigration paralegal sought for a high volume, fast-paced corporate immigration practice in Roseland, NJ. 2+ years of experience preferred in preparation of employment-related USCIS/DOL filings (all components, including supporting statements), such as non-immigrant employment petitions, immigrant visa applications, and/or permanent residency applications. Must be detail-oriented with excellent writing, communication, organizational, and computer skills. Send resume + cover letter describing your interest, qualifications, and financial requirements in strict confidence to Alexandra Carvalho at: recruit@gghlaw.com or fax: 973-992-9125. EOE.

Help Wanted: Immigration Attorney
Nationally recognized Washington D.C. immigration firm seeks an outstanding, experienced immigration attorney who thrives on and has extensive experience successfully handling various types of immigration cases, from corporate to deportation and much of what is in between, to grow with our firm in a congenial, fast-paced and supportive environment with thirty + immigration professionals, all strongly committed to legal excellence and the highest level of client service. Please e-mail your statement of interest describing your immigration experience, professional goals, salary requirements, and a writing sample to Michael Maggio: jobs@maggio-kattar.com. To learn about us, visit www.maggio-kattar.com. No calls please.

Help Wanted: Immigration Attorney
Dunbar, Harder & Benson, LLP, an immigration law firm, located in the Galleria area of Houston, Texas has an immediate opportunity for an experienced immigration attorney. Experience must include business immigration cases in NIV and IV matters including labor certifications, all nonimmigrant categories, adjustment of status, consular processing, NIW, extraordinary ability, multi-national and researcher petitions as well as family-based & naturalization. Must have in-depth knowledge of law & procedure, excellent writing, communication and organizational skills. Texas Bar required. Salary commensurate with experience. Please email resume, writing sample and salary requirements to Bonnie Lampton: info@dhbllp.com.

Immigration Law Conference
The Midwest Legal Immigration Project presents its 6th Annual Basic Immigration Law Training, an intensive 1-week seminar, May 16-20, 2005 in Des Moines, Iowa. Seminar covers: family immigration, deportation, asylum, relief from removal, employment, immigration benefits (registry, family unity, NACARA, VAWA, and temporary protected status), fiancee visas, consular visa processing, immigration court representation, preparation of waivers, criminal convictions, obtaining and posting bond, mandatory detention, and working with Congressional offices. Ideal for both non-profit personnel & for-profit private attorneys. Provides skills and know-how to begin a basic immigration legal practice and serve immigrant clientele with confidence on both law + procedure. Seminar will assist private attorneys in starting niche practice in high-growth areas. Attorneys dabbling in immigration law can increase both knowledge and range of competence for their immigrant clients. Tuition cost: private attorneys =$1,500; non-profit personnel= $1,000. 37 immigration CLE credits + 2.75 ethics CLE credits approved. For more info. or to register, call (515)-271-5730, email Justice@BenzoniLaw.com; or visit http://www.benzonilaw.com/education.htm.

Help Wanted: Immigration Paralegal
As one of the largest nonprofit hospitals in the western US, Cedars-Sinai has combined expertise, technology, research and caring to create the gold standard of excellence in health care. We currently seek an experienced HR professional to assume the role of academic services specialist responsible primarily for immigration, visa and licensure services for the academic community and the institution. Ensure compliance with state and federal regulatory stds related to immigration/visa services. Ensure appropriate processes in Medical Board of California licensure standards. Acts as resource for faculty, academic staff, and employees with matters related to immigration/visa services. Provide assistance in faculty recruitment and contracting, EEO reporting and other systems and processes that may be assigned. Requirements: College education or the equivalent in experience; Paralegal certification preferred but not required; Progressive background and experience in full range of immigration and visa services necessary; Knowledge of Medical Board of California licensure processes. Include Job# EW-ILW/1041009 when submitting cover letter + resume to Nancy Ishioka: ishiokan@cshs.org. Position is based in Los Angeles, CA. Cedars-Sinai welcomes and encourages diversity in the workplace. AA/EOE.

Labor Certification Advertising/Recruitment
We are a private employment firm for PERM recruitment. We are a fully qualified placement agency that will provide private employment firm services for PERM recruitment for professionals. We provide a test of the job market for any professional position in any field. The employer or agent will pay a one time flat fee and we will recruit for the employer as part of our normal placement agency services. The employer can choose to have Placement Services USA sort and interview any qualified candidates or simply select to have all collected resumes from a particular position posting forwarded directly to the employer or agent. We will provide both a signed letter and hard copy print out from our job listings website to confirm the recruitment efforts for your files - all of our services above apply only to our private employment firm services. There is no obligation or additional fee involved if the employer does not hire a Placement Services USA candidate. We can have your private employment firm needs fulfilled in an easy, expeditious and courteous manner. The position can be added to our private employment firm campaign and website in a matter of hours. Contact us to get started today at (ph) 310-820-7469, (fax) 310-820-7648 or (email) recruitment@placementservicesusa.com.

Immigration Law Conference
Save The Dates - April 25-26, 2005. The CMS-Fordham 28th National Legal Conference on Immigration and Refugee Policy. Sponsored by the Center for Migration Studies (CMS) and the Fordham Law School, in Collaboration with the Catholic Legal Immigration Network, Inc. (CLINIC) Program. Location: The Fordham Law School, New York, New York. Topics will include: Is Big Brother watching: using technology to improve both security and service, the impact that security checks and delays are having on artists, entertainers, schools and businesses, civil liberties and rights for nonimmigrants in the brave new post 9-11 world, international human rights developments related to migration, emerging issues in business immigration, workplace enforcement issues in the twenty-first century, prospects for immigration reform in the 109th Congress, plus 2 special programs: getting ready for legalization and getting ready for PERM: a nuts and bolts overview. Representatives from the government, nongovernmental organizations and private practice have been invited. For additional information, please go to http://www.cmsny.org.

Labor Certification Advertising/Recruitment
Computerworld can continue to assist you with your Labor Certification recruitment advertising needs. Place your 2nd recruitment ad in Computerworld's IT Careers section, the #1 place for all of your IT immigration advertising. We offer prompt, courteous service and have the most competitive advertising rates, most times even lower than your market newspapers. Our staff will tend to your needs from ad layout and design to immediately sending tear sheets once the ad is published. Our deadlines are the Thursday prior to the Monday issue date. You can also rely on us to help you fulfill your additional recruitment steps for professional IT positions. We offer 30-day online job postings on www.itcareers.com that reach highly specialized IT professionals, while offering you the most competitive job posting rates. Don't delay, call us today to place your IT recruitment labor certification ad and job posting! For more information, please call 800-762-2977 or email us at itcproduction@itcareers.net.

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 services/products of use in your law practice please click here


Letters

Readers are welcome to share their comments, email: editor@ilw.com (300-words or fewer preferred).

Dear Editor:
The reality is, the world is not "borderless", and what Americans as well as people in developing countries are finding is that "globalization" as it is currently practiced is a race to the bottom, for the workers. For example, US quotas on textiles from China were recently lifted. Who are the ones seeking protection from Chinese imports? Textile manufacturers from other Asian countries and from Latin America, who were actually assured of a certain level of exports to the US because Chinese exports were limited. These countries will never have the ability to develop their human capital without some protections. Sugiharto's letter (3/21/05 ID) speaks glowingly and self-servingly of competition, but I would be willing to bet that he is presently one of those benefiting from the limits on competition that do exist, such as our H1-B quotas and immigration limits. He is no different in that from Agribusiness, which seeks protection from import competition by opposing CAFTA, while proclaiming the need to import unlimited numbers of illegal aliens to work in agriculture. As for complaining and whining, Americans have every right to complain about the willingness of our leaders to put their own interests and those of lobbyists ahead of the American people. If companies want to outsource, fine, let them. However, there is no reason to provide such companies with U.S. tax breaks encouraging such outsourcing, or to award them government contracts to employ foreign workers. Nor should we allow them to bring over workers at will because it suits their convenience, rather than our needs as a society. Nor is there any reason for American men and women to die in foreign wars to protect these corporate interests, or to enrich them. Citizenship in the end is not only or even primarily about one's economic well-being, but about the values and traditions a society chooses to uphold.

Mara Alexander

Dear Editor:
I believe that Mr. Ranger's remarks (3/18/05 ID) are misleading. To state that "the generosity of Americans including their entry policies exceeds that of any nation" is too far of a stretch. I have personal experience with both the immigrant and nonimmigrant visa policies of other countries. Many European and Latin American countries have for more accessible systems that the U.S. Even Canada, although selective, has a far more efficient and consistent system than the U.S. Here, the employment-based system is a patchwork of conflicting and irrational regulations. The family-based one has waiting lines that span for decades. Additionally, there are many odd avenues created by Congress to cater to special interests (Cuban law, diversity visa, TPS, etc.). On the visa-issuance side you have clueless visa officers that deny or approve applications based on subjective and misinformed criteria. The fact that the United States attracts more immigrants and visitors than other nations because of socio-economic reasons does not mean that it is "more generous." The current system is entangled and vicious. Even those who want fewer immigrants should agree that the U.S. deserves to offer a "first-world" service for eligible visitors and immigrants.

Sebastian
Washington DC

Dear Editor:
I agree with Mr. Sugiharto's letter (3/21/05).

Richard E. Baer

Dear Editor:
The raid on the Bentonville, Arkansas headquarters of Wal-mart in October of 2003 led ILW.COM to post an editorial (10/28/2003) wondering why ICE's resources were used to go after such an obviously non-terroristic threat. I replied in a letter published 10/30/2003 that "the raid on the Bentonville, Arkansas home office gives one every reason to believe BICE will seek to collect from Wal-Mart corporate directly, or at least some settlement in exchange for seeking a reduction in the maximum amount of the penalty." To no one's surprise, almost a year and a half later this prediction has come true. It was announced today that Wal-mart agreed to an $11 Million dollar settlement in exchange for no criminal sanctions. While I agree that steep penalties from corporate violators may prove to be a greater deterrent than criminal prosecution in such cases, the government runs the risk of appearing to operate its enforcement policies to a certain extent as any business would conduct itself, with an eye on returns and the bottom line. Selective law enforcement is a necessity where resources are limited, of course, but the government should consider prioritizing such enforcement along the lines of real and imminent threat, in addition to milking the cash cows.

Stephen T. Blower, Esq.
Columbia, MO

Dear Editor:
Alan Greenspan is one of the few people who have actually said it in public life: It is economically good for America to have more immigration. It could solve the Social Security "crisis". What has made America great is the flood of immigrants from the rest of the world who want to "live free" and have a "better life." I always think that that there should be an commercial showing the Statue of Liberty with a tear in her eye with a reading of Emma Lazurus' poem and a montage of the maltreatment we give to "illegal" immigrants. The ultimate hypocrisy is for politicians, who are invariably descended from economic immigrants, to rail against the illegals. The Wal-Mart settlement is a good chance to leverage the hypocrisy. Wal-Mart is going to have a huge problem filling all those janitorial openings it has agreed shall be citizens or legal immigrants. Wal-Mart, the largest corporation in the world, should join with our new immigrant Attorney General, Alberto Gonzalez, to put some backbone into the the President's promise to legalize the hardworking immigrants who fill the jobs nobody else wants. Maybe somebody in your network can connect with a lawyer for Wal-Mart to make this case. I am not an immigration expert, but have many immigrant clients, mostly Hispanic and Brazilian, I help with tax problems. My background is in public interest law, but I have specialized in public utility and tax law. Immigration law seems to present some of the same problems of government abuse and misuse.

Elliot Taubman
of the Rhode Island, Connecticut, New Mexico and New York bar


comingsNgoings

Readers can share their professional announcements (100-words or less at no charge), email: editor@ilw.com.

New Offices
The Immigration Law Offices of Richard A. Hujber, P.A. is pleased to announce the opening of its new office in Boca Raton, Florida. Mr. Hujber is a former Immigration Attorney-Advisor to the Miami Immigration Court and the Board of Immigration Appeals, and has ten (10) years of experience, exclusively in immigration law. He speaks Hungarian and Spanish fluently, and has won numerous awards and distinctions, both in goverment service and in private practice. The Immigration Law Offices of Richard A. Hujber, P.A. 980 N. Federal Highway, Suite 306, Boca Raton, FL 33432. Tel:(561) 417-VISA. Fax:(561) 417-2575.


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. Copyright 1999-2005 American Immigration LLC, ILW.COM. Send correspondence and articles to editor@ilw.com. Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM or members of the Immigration Daily Advisory Board. The opinions expressed in the Comment section are those of ILW.COM and Immigration Daily and do not necessarily represent the views of the members of the Immigration Daily Advisory Board.

Publisher:  Sam Udani    Legal Editor:  Michele Kim

Advisory Board:   Marc Ellis, Gary Endelman


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