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Immigration Daily April 29, 2005
Previous Issues
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Endorsements For AILA Secretary

Today's Immigration Daily carries letters from Lory Rosenberg and Cyrus Mehta endorsing David Leopold for the position of AILA Secretary in the AILA 2005 elections. The AILA leadership election is an issue that should be of interest to all Immigration Daily readers who are AILA members and we encourage all eligible AILA members to vote in the upcoming election. Immigration Daily is pleased to provide a forum for immigration attorneys and for discussion on issues of importance to the immigration bar.

We welcome readers to share their opinion and ideas with us by writing to


Michael Patrick, Janet Henner

Michael Patrick and Janet Henner (both of the Fragomen law firm) will be speakers at the final session of "Filing PERM Cases For Advanced Practitioners". More about the speakers appears below:

Janet L. Henner prior to joining Fragomen, Del Rey, Bernsen & Loewy LLP as an Associate in 1998, served as an Attorney-Advisor to the Honorable Joan Huddy Rosenzweig at the U.S. Department of Labor and then as Deputy Secretary to the Board of Alien Labor Certification Appeals (BALCA) at the U.S. Department of Labor. Ms. Henner is an active member of the American Immigration Lawyers Association, both on a national and local level. Ms. Henner is a graduate pf Brandeis University (B.A., 1991) and Tulane University School of Law (J.D., 1996), and is admitted to practice in New York, Connecticut, Illinois and Washington, D.C.

Michael Patrick prior to joining Fragomen, Del Rey, Bernsen & Loewy as a partner in 1990, Mr. Patrick served as Chief of the Immigration Unit of the United States Attorney's Office for the Southern District of New York, where he represented the Immigration and Naturalization Service, State Department, Department of Labor and other federal agencies in the federal courts. A widely published author in the immigration field, Mr. Patrick is a contributor to Immigration Briefings, Immigration Law Report, and multiple publications of the American Immigration Lawyers Association (AILA), for which he served as an editor of its annual Immigration and Nationality Law Handbook from 1988 to 1993 and as co-editor of Employment-Based Immigration New Law and New Strategies (1992). Mr. Patrick authors a bimonthly immigration column in The New York Law Journal and is a frequent speaker on immigration topics before Bar Associations, international trade organizations and human resource groups. Mr. Patrick is also actively involved in the immigration law community, having served as Chair of the Federal Bar Association's Immigration Law Section (1989-1992), Chair of the New York Chapter of AILA (1993-94), Co-Chair of AILA's 1993 Mid-Year Program on Employment-Based Immigration, and as a member of the Immigration and Nationality Law Committee's Association of the Bar of the City of the New York County Lawyers' Association. Mr. Patrick currently serves on the Committee on Immigration Law of the New York State Bar Association and is a member of the American Bar Association, the International Bar Association, the Federal Bar Council, the Federal Bar Foundation (Member, Board of Directors, 1997 - present), and the American Immigration Lawyers Association (Member, National Finance Committee). Mr. Patrick received the Dean's Award for Distinguished Hofstra Law School Alumni in May 2000 and is listed in the current editions of Best Lawyers In America and International Who's Who of Corporate Immigration Lawyers.

The deadline to sign up Tuesday, May 3rd. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


New Treaty With Japan Poses Challenges For Taxpayers, Administrators, And The IRS
Paula Singer, Esq. writes "On March 30, 2004 the US and Japan entered into a new income tax treaty that replaces the treaty that had been in effect since 1973."

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White House Briefing Comment On Border Vigilantes
During a White House press briefing, White Spokesman McClellan responded to queries on border enforcement and border vigiliantes.

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:


Help Wanted: Immigration Paralegal
Lane Powell PC, a general business and litigation firm with 170+ lawyers in five offices, seeks a highly motivated, detail-oriented individual for immigration paralegal position in its Seattle office, focusing on business immigration. Strong organizational, writing & interpersonal skills and 3 years business immigration experience are required. Experience with INSZoom is a plus. Excellent work environment, competitive salary and benefits. Send resume, salary requirements, & references to Carol Van Buren at No calls please.

J-1 Training Visa Sponsor
Discover the ease and flexibility of the J-1 training visa with Aiesec United States. At Aiesec, we provide an unparalleled commitment to customer service, offering 24 to 48 hour turnaround on approved J-1 training visa applications, free consultation on potential training programs and a wealth of information about J-1 training visa regulations. We also offer logistical and cultural reception services in several locations across the country. Our J-1 training visa can be used for individuals to participate in training programs in the following fields: Information Media and Communications, Education, Social Sciences, Library Science, Counseling and Social Services, Management, Business, Commerce and Finance, The Sciences, Engineering, Architecture, Mathematics and Industrial Occupations, Public Administration and Law. You can learn more about Aiesec and the J-1 training visa at or by calling Jim Kelly at (212) 757-3774 ext.222.

Help Wanted: Immigration Paralegal
Shulman, Rogers, Gandal, Pordy & Ecker, P.A., Maryland's largest independent law firm outside of Baltimore city (80+ attorneys), seeks an Immigration paralegal/legal assistant to work as part of its Immigration, Nationality & Consular Practice Group team. 2+ years of experience is desired in: employment-based IV (including EB-1, EB-2, EB-3), NIV (including E-1, E-2, H-1B, L-1A, L-1B, O-1), family-based IV, naturalization, adjustment of status, consular processing, I-9 compliance/employer sanctions, and litigation. College degree or paralegal certificate preferred. Significant work experience considered in place of formal education. 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. We offer an excellent salary/benefits package. If you enjoy challenging work with direct client contact and are equally passionate about the field of Immigration Law, we want to hear from you. Send resume and salary requirements in confidence to Ms. Maura Bowen, Human Resources Manager, Fax: (301) 230-2891 or e-mail:

Labor Certification Advertising/Recruiting
Adnet Advertising Agency Inc. has provided labor certification advertising services to immigration attorneys since 1992. Adnet helps attorneys find appropriate places to run labor cert ads, places the ads, obtains the tearsheets, and offers a variety of billing options. Attorneys can manage the entire ad process through Adnet's secure web-based Ad-managment system. Most of Adnet's services are free since we receive a commission from the newspapers and journals where the ad is placed. Adnet services large international law firms as well as solo practice attorneys. Call us at 212-587-3164, visit, or email us at Contact us today to find out why we are the ad agency of choice for immigration attorneys since 1992.

Help Wanted: Immigration Attorney
Microsoft Corporation has an immediate opportunity in our dynamic team in the Law and Corporate Affairs Department in Redmond, Washington. The position requires excellent academic credentials, 4-6 years experience in all nonimmigrant business visas, labor certifications, and other business-related immigration matters. Strong case management, communication and writing skills are required. Must be customer-service focused and able to thrive in a challenging and fast-paced environment. Prior experience managing legal staff and proficiency with Microsoft technology a plus. Microsoft offers a competitive salary, excellent benefits and casual workplace environment. Please submit your response in Word format to Please indicate job code N145-122703 in the subject line. Microsoft is an equal opportunity employer (EOE) and strongly supports diversity in the workplace.

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
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Readers can share their professional announcements (100-words or less at no charge), email:

New Firm Name
The law firm of Coane and Associates has changed its name to Coane and Choudhary. Ajay Choudhary has been with the firm for seven years and specializes in criminal immigration issues. He is also Board Certified in Labor and Employment Law. The firm has seven lawyers with offices in Miami and Houston. Mr. Choudhary may be reached at 713-850-0066.


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

Dear Editor:
Common knowledge is that the more complex and plainly stupid a regulation is, the more fraud-inviting (4/28/05 ID comment). The very same applies to certain regulations pertaining to the PERM. If the employer initial registration must be performed from (presumably) his/her own computer then what would preclude an unscrupulous attorney / representative to visit an internet cafe and use one of their computers for the purpose of employer registration, then come back to his/her own office and start working from his/her own office computer? The process of a single employer registration (if you are computer savvy and most of us already are) will take 7-10 minutes. Assuming an average of 15 computer stations (each with its very own IP address) available at an average internet cafe, one can easily register (using a different computer station at a time) 15 employers within a maximum of 2 hours which makes 15 cases open for further processing. Now, multiply this by 5 paralegals (or any other available individuals) and 5 internet cafes in the area. Plus: is the DOL's system prepared to block / unblock / prevent employer registration coming from a computer with a blocked IP address? Such IP-blocking programs are readily available either for free or just a couple of dollars. The rationale behind the plainly cretinic requirement of using employer's own computer is beyond anyone's comprehension: The regulations require the employer, attorney / rep., and the alien to actually sign the certified 9098 in the first place. Why then complicate and invite an outright fraud? Unless that's what this all is acually about: At some point in time the DOL will announce that in light of a rampant fraud, PERM (meaning 45-60 days of processing) is put on an indefinite hold and we all get back to typewriters and 5+-year processing time-frames.

Ft. Lee, NJ

Dear Editor:
It does not make any sense to use two different computers in order to send the papers online (4/28/05 ID comment). The employers have no idea how to file the papers and that's why they retain attorneys. Actually, I work for an attorney who wants to get a green card for me. Do we also need to use two different computers to file the papers....? Hope someone will really reconsider the new rules of online filing.


Dear Editor:
Immigration Daily's editorial comment on the PERM form struck me as way over-the-top (4/28/05 ID comment). The days where attorneys could self-righteously sniff that they don't type are long gone. Start swimming or sink like a stone.

Dorrie L. Runman
Immigration Paralegal

Dear Editor:
I was just wondering where can I get the information on the last 50 labor certifications decisions made by the Department of Labor.

Mabi L. Aluning

Dear Editor:
I strongly support David Leopold for AILA Secretary. David is one of the most outstanding and brilliant immigration lawyers that I have known. He is also very approachable and reaches out to others, as he reached out to me over five years ago. We have been friends ever since. David is a nationally known battle tested litigator with a passion for justice. He has fought and won tough battles in federal courts, including: Pak v. Reno, 196 F.3d 666 (6th Cir. 1999) (federal courts retain habeas jurisdiction; 212(c) relief available to immigrants); Pulice v. INS, 218 F.3d 505 (6th Cir. 2000) (right to habeas review in district court); Roman v. Ashcroft, 340 F.3d 314 (6th Cir. 2003) (lead challenge to "immediate custodian" rule); Denko v. Ashcroft, 351 F.3d 717 (6th Cir. 2003)(lead challenge to BIA streamlining regulation); Rosales-Garcia v. Holland, 322 F.3d 386 (6th Cir. 2003)(on brief)(indefinite detention of inadmissible noncitizens violates INA); Roman v. Ashcroft, 181 F. Supp. 2d 808 (N.D. Ohio 2002)(212(h) bar to certain LPRs violates equal protection). He has also worked hard for the rights of those who have come under attack in the wake of 9/11, and has defended secret "special interest" cases and the automatic stay provision cases. David also practices extensively in all areas of business immigration, as well as teaches immigration law as an Adjunct Professor at Case Western Reserve University School of Law and Cleveland State University School of Law, where he has inspired several students to become fine immigration lawyers. David, like most immigration lawyers, comes from a small firm with less than 3 attorneys and thus understands the day to day needs of AILA members. As an AILA leader, this unique background is important to all of us in these troubled times. In my opinion, David will be an extremely strong and creative leader who will also be accessible to the rank and file of the AILA membership. He is a consensus builder, but is also fearless in advancing the rights of immigrants through litigation and liaison. As Chair of AILA's ICE liaison, he has forged a new, productive relationship by holding the first liaison meeting and establishing important relationships that are now crucial as AILA responds to various enforcement initiatives. He has also trained scores of lawyers to litigate through the AILA/AILF litigation institutes. For all these reasons, David is the ideal candidate to lead AILA. Please vote for him.

Cyrus D. Mehta

Dear Editor:
I strongly support David Leopold for AILA Secretary, and I enthusiastically encourage you to cast your vote for David. David's nomination for Secretary is based on his many accomplishments for clients, his many successes in tackling the tough legal issues, and his many innovative and creative contributions as a leader in AILA. It also reflects the high esteem in which he is held by members of his own chapter and other AILA members, including Chapter Chairs, Directors and past-Presidents on the Board of Governors, and AILA staff. But more than that, David's nomination is the nomination of an AILA lawyer who comes from a small firm, from a small AILA chapter, from a state in the mid-West, whose practice focuses in large part on removal defense and federal court litigation, and who thinks and acts BIG. He is like most of us in this wonderful, collegial, and growing organization of 9,000 members, and at the same time, he is the best of us - a thinker, a fighter, a humanitarian, a consensus builder, and that's why I think he will make an excellent Secretary.

I believe that David's voice is a critical one that we need to have on the AILA Executive Committee and in AILA leadership. David chose to become an immigration lawyer because - like many of us -- he realizes that this is an area in which a lawyer really can make a difference to others and positively affect the world in which we live on personal, social and economic levels. David's practice covers removal issues as well as family and business immigation, and his practice is small enough that he knows how important it is to have AILA membership benefits, like immediate access to government memos and guidance, that enable him to help his clients and build his practice. Throughout his career, David has made AILA a high priority in his practice, devoting countless hours to AILA's educational, advocacy and governance endeavors at both chapter and national levels. David not only knows what its like to go before immigration judges and how to get into court, he understands the humanity of each of his clients, he knows how to deal with agency officials, he appreciates the importance of community and coalition work, and he understands the critical role of advocacy. Most important, David can and will provide the leadership that we need to get through these difficult times and come out the other side - not just with some version of immigration reform - but, with a more rational, fair and just immigration system.

Leadership is the key element that I believe is required to move AILA's organizational and immigration policy interests forward, and to advance each of our individual professional interests as immigration law practitioners. What I mean by "leadership" is an ability to grasp the prevailing issues and current conditions, to discern the optimal results and likely obstacles, to work with all the concerned stakeholders and include new participants, to establish credibility with people having different personalities and agendas, to initiate and accomplish new and existing objectives, and to fight for our mutually agreed upon goals. In my judgment, David stands out and I believe that, as AILA Secretary, he can and will address the challenges facing AILA members and our clients in a creative and effective way. David's voice on the AILA executive committee will be a voice that reflects our concerns on a day to day basis as well as our larger concerns and the mega issues underlying them. That's not all: looking at what he's done already I think we can count on David to introduce new ideas, inspire more of us to get involved, and include more of us to participate in changing immigration law as we know it.

I place great value on a number of David's accomplishments and personal qualities, which make him stand out in my mind, as the person we need to join the Executive Committee as Secretary now and start out on the path to AILA President. You may have heard from others how David founded the AILF Litigation Institute that has educated so many AILA lawyers to go into court and defend their clients, and how he has devoted so much of his time to teaching in the Institute; how he is a dedicated law teacher and founded a legal clinic, how he has been Chapter Chair, how he has been active in so much of AILA's conference work, and his participation on AILA's Board of Governors. All this while running a multi-faceted immigration practice, and he's done more.

Communicating and consensus building. David is active in AILA advocacy work, and in fact, what impresses me is that he combines his efforts not only with the local AILA chapter, but that he is involved in local community work. When Congress voted to impose restrictions on drivers licenses, asylum, and habeas corpus recently, David and local community contacts were in touch, immediately rallying people to contact Congress and oppose the REAL ID. David and AILA colleague Rob Cohen met with both Ohio Senators DeWine and Voinivich, and last year they persuaded DeWine to oppose the attempt to broaden the language in 18 U.S.C. 16, the crime of violence definition, which resulted in the proposed change being dropped. David also is involved in helping survivors of domestic violence in his community, and is a well-respected ally of Muslim community leaders on such issues as the Patriot Act and other community concerns. David's communication and consensus building skills and abilities are crucial to providing leadership in AILA with regard to advocacy. They are equally crucial in making liaison meaningful. These qualities are essential to be an effective leader in AILA governance matters as well and David has these qualities and knows how to use them.

Taking a Stand. David believes in using the law to liberate and achieve justice. Just look at his family background: his father inspired him by litigating the case of Berdo v. INS, 432 F.2d 824, 847 (6th Cir. 1970), which I can remember reading years ago, in which the petitioner, who suffered a demotion, had his pay reduced, was assigned menial work, and denied education, was found to have suffered a deliberate imposition of substantial economic disadvantage that amounted to persecution. David has really made a difference in his own practice: when I was at the Board of Immigration Appeals, David's work in Pak v. Reno, 196 F.3d 666 (6th Cir. 1999) meant that I could grant remands in the Sixth Circuit allowing immigrants to apply for 212(c) waivers. And, he recently won an order from a district court judge acknowledging that detainees seeking review of removal orders may sue the Attorney General, and not only the local warden, or "custodian" where his client is detained.

Educating and bringing people together. David is smart, analytical, understands the practical aspects of lawyering, is open with his colleagues and works with others really well. He is tolerant and inclusive - a combiner, not a divider. One of the reasons I favor David is that I believe he will not only do great things for all of us in AILA, but that he will enable others to do great things. For instance, David has been an editor for the Annual Conference - in fact, he edited the annual conference article that Barbara Hines and I wrote last year, and I know he is busy editing articles this year, at the same time he is campaigning for Secretary. In doing this type of work, David is helping each of us look our best, and provide the most accurate information to our colleagues. David is not only working for himself, he is bettering the profession and helping all of us become the best we can be. David recognizes the importance of education, and his work in law schools and AILA conferences reflects his strong commitment to teaching and sharing information. I believe that this is so critical if we are going to succeed individually, if we are going to be successful in shaping a society in which our clients and their families are welcome, and if AILA as an organization is going to be a positive influence in our country.

Heart. David is dedicated to immigration law, and dedicated to making AILA an organization that is effective and responsive to the needs of members and the area of law and policy in which we practice. David Leopold has the independence, the know-how, a proven track record, the vision and the heart that we need in someone who is assuming an official leadership position in AILA. Please join me in voting for David. We need David Leopold in AILA leadership.

Lory Diana Rosenberg
AILA Member and Director, AILA Board of Governors

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 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