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Immigration Daily July 20, 2005
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Exciting Times Ahead In Immigration Law Practice

A large number of immigration practitioners face the same grim reality each day - they have to turn away people willing to pay good money because there is no provision of law to help these people. This is not just bad for business, it saps the spirit too. Since 1996, the dark days of immigration law have come upon us, and things have only gotten worse since 9/11. But every tunnel has an end, and the light appears to be just around the corner. Ironically because of the anti-immigrationists, a radical re-write of the INA is now being openly contemplated by a variety of Representatives and Senators (even Rep. Tancredo has his own guest worker bill out there!). There is wide-spread disagreement on what the re-write should involve in temporary benefits, enforcement, and permanent benefits. However, a re-write per se is good for immigration lawyers in two ways: One, new opportunities for practice open up, both in benefits and in enforcement, and Two, a major re-write in and of itself opens up an opportunity to re-examine and re-interpret long-standing concepts and practices, providing the creative practitioner with a number of options to pursue. While both immigrants and the executive branch may not like lining attorneys' pockets, the situation is not of the bar's making. Congress, through its inaction has brought the nation to this point where radical change is necessary. Attorneys who can brave it through these tough times have a bright future ahead.

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


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The Immigration Debate: Whose Side Are You On?
Tom Barry discusses the politics of the anti-immigrationists.


NIW Determination Is Unfettered By Any Statutory Standard
In Zhu v. Gonzales, No. 04-5102 (DC Cir. Jun. 17, 2005), the court said that the determination of a waiver of the labor certification made in the national interest calls upon the expertise and judgement of the [Attorney General] unfettered by any statutory standard whatsoever.

A Family Is A Social Group
In Thomas v. Gonzales, No. 02-71656 (9th Cir. Jun. 3, 2005), the court (en banc) reconciled contrary lines of intracircuit authority and held that a family may constitute a social group for the purposes of the refugee statutes.


Help Wanted: Immigration Paralegal
Leading New York City immigration law firm with interesting and diverse practice seeks paralegal to handle business and family immigration matters. The ideal candidate must have excellent communication, writing, computer and organizational skills, as well as a bachelor's degree and at least 1 year prior business/family immigration law experience. Please send your cover letter and resume to:

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 resume in Word format to Please indicate job code N145-122703 in the subject line. Microsoft is an equal opportunity employer and strongly supports workplace diversity.

Help Wanted: Immigration Attorney
Berry, Appleman & Leiden LLP, a global corporate immigration law firm, is seeking a senior level associate with a minimum of five years of business immigration experience for our San Francisco office. We are looking for someone who can have an immediate impact, and who can act as a liaison with some of our larger clients in the immigrant visa practice. Our attorneys work in a fast-paced, high volume environment, and utilize carefully developed procedures, advanced practice tools, and a state-of-the-art case management system. The ability to provide exceptional client service, experience managing legal assistants, and superb analytical, organizational and case management skills are a must. We offer competitive salaries and benefits. Please submit your resume via email to or by fax to 415.217.4426. No phone calls please.

Help Wanted: Immigration Paralegal
New York-based Immigration Law Firm with heavy entertainment based practice seeking paralegal experienced in Non-immigrant visa matters including O & P Visas, H & L Visas. Minimum 3 years experience required. High-pressure position with great potential for the right individual. Submit your resume to Jeffrey Gabel by email at: or by fax: 212-695-3008.

Help Wanted: Immigration Attorney
Midtown NYC - 13 person fast-paced, leading immigration law firm seeks lawyer with 2+ yrs' of business immigration experience handling full range of diverse nonimmig. and immig. matters. Must have excellent writing, communication and organizational skills. Competitive compensation package offered. Please submit cover letter & resume to

Case Management Technology
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Readers can share their professional announcements (100-words or fewer at no charge), email:

Community Announcements
comingsNgoings is a section for immigration law professionals to announce professional events connected to themselves and their organizations. Such announcements include, but are not limited to New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner. If you have a professional announcement (not limited to the above), that you wish to share with the Immigration Daily community, send your professional announcement to: comingsNgoings announcements is a free service.


Readers are welcome to share their comments, email: (300-words or fewer preferred). Many letters to the Editor refer to past correspondence, available in our archives.

Dear Editor:
Mr. Flynn's letter (ID 07/19/05) is trying to turn the debate on immigration into conservatives vs. liberals, when there are large elements in both parties, and among independents, who believe that illegal immigration is harmful to the U.S. Their reasons for opposing it may differ, but the simplest one is that it is illegal. I can't think of anything more American than that. I find nothing "conservative" about breaking the law, or refusing to enforce it, which is precisely what this so-called Republican administration has done for the past 5 years, and the Clinton Administration before that. I find nothing "liberal" in the leaders of major unions supporting the dispossession of their own U.S.-born membership by illegal workers so that the unions themselves will gain members, or in politicians seeking to balkanize America by catering to ethnic identity lobbies. I do, however, find efforts by business and its supporters to be "conservative" in the worst sense, that of restoring and conserving our history of slavery, indentures, and abused workers. As for the "trespassers" Mexico is providing counsel for, well, if they're here illegally they should be fined, then deported. Speeders don't get to continue speeding with impunity, and people here illegally should be removed. If it has money to pay for counsel, it surely has the money to pay for the repatriation of its citizens.

Mara Alexander

Dear Editor:
While I do not agree with Chucky's position on much of anything in the world of immigration, I did not understand Eugene J. Flynn's (ID 7/19/05) critique of Chucky's praise of New Hamphire's Gestapo.

David D. Murray, Esq.,
Newport Beach, CA

Dear Editor:
I continue to be amazed by the niceties and euphemisms that are constantly showered upon illegal aliens by the open borders proponents. The delicacies of language that are used to describe alien lawbreakers can usually be found in the Immigration Daily letter section and definitely in every communication from AILA. Eugene Flynn writes in his letter (ID 7/18/05) that "those who enter the U.S. somewhere other than an official port of entry commit a misdemeanor." I’ll defer to Mr. Flynn as to the veracity of that statement. I'm more interested in its wording "Somewhere other than an official port of entry" is hiking over a mountain, drudging through the desert, burrowing a tunnel, scaling a fence or overcoming some sort of physical obstacle that was designed to keep people out. And let's make these "other than official point of entries" felonies anyway.


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Publisher:  Sam Udani    Legal Editor:  Michele Kim