Habeas And Fantasy
While REAL ID includes many anti-immigrant provisions (harsher asylum standards, increased difficulty in drivers license issuance, etc... ) possibly the most serious of all are the restrictions against judicial review, Section 106. This section of REAL ID purports to remove habeas review as an option for immigrants facing illegal detentions and removals and overrules St. Cyr. However we believe that all judicial review is not lost, for two reasons. One, courts will still likely assert that they have jurisdiction to determine jurisdiction. Two, we believe that the Supreme Court will likely find that REAL ID violates the suspension clause and is therefore unconstitutional. Unfortunately, a good deal of future litigation lies ahead before Congress is disabused of its fantasy in suspending habeas.
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Additional FY 2005 20,000 H-1B Cap Numbers Regulation
Alan Lee, Esq. writes "One only wishes that the agency could have provided more clarity instead of subjecting all filers to an obscure and anxiety-ridden process, especially since much of the information in the regulation could have been released beforehand in the form of an agency memorandum."
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USCIS Announces New H-1B Procedures
The USCIS announced new H-1B regulations that take effect upon publication in the Federal Register and change the H-1B filing procedures for FY 2005 and for future fiscal years.
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Honors And Awards
David H. Nachman, Esq. has been chosen as a "Super Lawyer" according to the publishers of Magazine published in New Jersey and a survey conducted by Law & Politics. In 2004 and 2005, the first two years of the survey, 65,000 attorneys surveyed in New Jersey named names of the best lawyers in a number of specialties, based on personal experience of their work in action and not just reputation. Then after passing the muster of a blue ribbon panel of judges, final inclusion on the list puts winners in the top 5% amongst immigration lawyers field in New Jersey.
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Responding to Ali Alexander's letter (5/4/05 ID), Japan and China are just like European countries. The natives of those countries have been living there for more than 5 centuries, while USA, Canada, Australia and New Zealand are "new world" countries that were founded by immigrants. If these immigrants felt they had the right to seek safe haven, settle and prosper in the new lands with or without approval and consent from the native people at that time, why these immigrants' descendants now feel that they have the right to limit other immigrants to enjoy and do the same things as their ancestors did. Is that fair? At 21st century and beyond, international borders will melt down and become irrelevant. Your jobs can easily be outsourced to Mexico, China or India. You can easily shop, compare, retire and seek cheaper health care services in nice and affordable countries like Thailand, Panama, Costa Rica, China etc. If we start the trade wars, others will retaliate even worse by the blessing of WTO and hurt our economy and jobs. No immigration, job outsourcing and free level playing field global competition. We can't be too greedy to have them all.
In response to Mr. Alexander's letter (5/04/05 ID), if the subject at issue were racial discrimination, I would
not limit the critique to China or Japan. One could readily include most of the countries in the Middle East as well as the United States for the period 1888-1965. The issue is the US's integrity and fidelity to principles abandoned in the 1880's and promised again in 1965. More significant to our daily lives is the quality of the "process" provided by our government to
"persons". This issue is not what the world thinks of us or what we think of the world; rather the issue is how we shall think of and treat ourselves.
I appreciate the articles and discussions Immigration Daily provides but you could also provide more discussion of other areas in immigration law such as asylum, NACARA, children in immigration removal proceedings etc, as there is too much daily focus on business immigration. Many non-profit attorneys read Immigration Daily and could benefit from focus on those areas.
We, the undersigned Past Presidents of AILA, join over 200 AILA officers, directors, chapter chairs and other leaders in supporting, T. Douglas Stump for the position of director. Doug has played a critical role in many of AILA’s successes over recent years and he continues to make significant contributions that are having a "real" impact on AILA’s interests with relevant agencies and the courts.
Doug Stump is an exceptionally qualified candidate and it is essential that he return to the Board of Governors so that he may assist us in these troubling times by developing new lines of communication with agencies, coordinating nationwide litigation efforts, creating new opportunities for member involvement and services, and by redefining AILA’s lobby efforts, policies, and advocacy practices.
We have witnessed him work with others to expand the role of AILA Liaison from engaging in policy discussions to now tackling impact practice issues where we can now propose and obtain specific AILA developed case resolution. We watched him push for the creation of the AILA litigation arm and develop AILA’s Litigation Conference Planning Committee while assisting in the formation of one of AILA’s first litigation training teams. He helped put together one of the first traveling "road shows" that served as a pilot for AILF’s litigation training programs today. Doug continues to serve on AILF’s Legal Action Center Project Committee and assist in efforts to coordinate impact litigation. He envisioned and formed the first AILA/AAO liaison committee and he continues to impact policy and decisions at the highest levels of the USCIS. Now, Doug wants to press for a comprehensive reform of AILA’s lobby effort. He has the ability to deliver on tough projects and he deserves your support.
We recommend Doug without reservation. He is a deep thinker with creative legal talents. We ask that you vote for Doug when the ballots go out on May 13, 2005.
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