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Immigration Daily

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Immigration Daily July 22, 2005
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Many Items

Today's Immigration Daily issue features many items of interest including an article describing how to research Chinese Exclusion cases on the web, an announcement of retirement by an immigration practitioner, several help wanted ads for attorney and paralegal postions, and an announcement for a seminar on REAL ID issues. Please see below for the items.

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


Detailed Curriculum For REAL ID Seminar

FIRST Phone Session on Jul 28: Federal Court Litigation and the Effects of the REAL ID Act

The REAL ID Act of 2005 fundamentally changed the rules for litigating immigration-related cases before the federal courts. To help you prepare to plan for, file, brief, and argue immigration matters before the federal courts, this session will explore the following relating to the REAL ID Act's new provisions:

  • Changes in Getting Judicial Review of Immigration Decisions
  • Practice Tips for Those Unfamiliar with Circuit Court Review
  • Role of the Circuit Courts
  • When and How to Challenge Venue Changes
  • Staying in District Court (If You Need To)
  • Is Habeas Corpus Review Really Gone?
  • When You Can Still Start in District Court
  • Locating Jurisdiction and Arguing Its Presence Well
  • Setting Cases Before the BIA and Immigration Courts Up for Review
  • Issues Outside the Removal Context
  • Bars on Judicial Review of Discretionary Decisions
  • Is Mandamus Still Viable?

SECOND Phone Session on Aug 18: Hot Topics in Removal Cases: Effects of the REAL ID Act and More

The REAL ID Act makes winning asylum and other forms of relief harder than ever. It also expands the grounds of removal based on terrorism grounds. But the news isn't all bad. This session will look at developments in removal cases, emphasizing the effects of the REAL ID Act's provisions. We will address the following issues:

  • Increased exposure to removal on terrorism grounds
  • Expanded definition of "terrorist organization"
  • Good news: New waiver for certain terrorist organizations and individuals who've endorsed, represented, or supported a terrorist organization
  • A more particular burden of proof
  • The need to corroborate facts and statements
  • Statutory standards for evaluating credibility
  • Tips and strategies for preparing asylum cases and other applications for relief
  • Tips for avoiding adverse credibility findings
  • When and how to corroborate facts and statements of clients and witnesses
  • What to do when you can't get corroborating evidence
  • Sowing seeds in the record for review on appeal
  • Effect of judicial review changes on removal defense
  • Dealing with the expanded limits on review of discretionary decisions and actions
  • Good news: Removal of annual limit on asylee adjustments and coercive population control asylum and refugee grants

THIRD Phone Session on Sep 15: The Effects of Criminal Conduct and Contact with the Criminal Justice System on Immigration Status

What with the REAL ID Act expanding the grounds of removability and weakening the ability to obtain relief, ever more sophisticated and sensitive databases coming on line, and increases in fraud detection and prevention fees, we can expect that the need to understand the effects of contact with the criminal justice system, as well as the means by which we can try to mitigate the effects of those contacts, will only grow. This session will address the implications of criminal conduct on immigration status. It will focus on the following:

  • The definition of the term "conviction" under the immigration laws
  • Avoiding convictions
  • Structuring plea agreements
  • Consulting with criminal attorneys
  • What to do when a conviction is unavoidable
  • Detention issues
  • Understanding criminal databases
  • Will the REAL ID Act's driver license provisions increase the number of "criminal aliens" placed in removal proceedings
  • Addressing criminal issues in USCIS petitions and applications
  • Handling inspections at ports of entry
  • Finding relief from the consequences of criminal conduct
  • Jurisdictional obstacles to challenging removal orders based on criminal convictions or conduct
  • Post-order issues
The deadline to sign up is Wednesday, July 27th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


The EARS Have It: A Web Search Tool For Investigation Case Files From The Chinese Exclusion Era
Robert Barde, William Greene, and Daniel Nealand of NARA describe a web-based method for searching tens of thousands of important documents in immigration history.


Court Stay Does Not Toll BIA Deadline For MTR
In Chan v. Gonzales, No. 04-1937 (1st Cir. Jul. 1, 2005), the court said that the issuance of a stay of removal pending judicial review of a denial of asylum does not by itself toll the 90-day deadline to file a motion with the BIA to reopen.


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

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.


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

Retirment Of Immigration Practitioner
Jerome (Jerry) Ingber is retiring August 1st after practicing immigration law exclusively since 1977. As the founding principal of Ingber & Aronson PC in Minneapolis, the practice will be managed by Robert Aronson; ongoing associates are Dinesh Shenoy and Piyumi Samaratunga with three new associates due to start in August. Jerry will continue to teach immigration law while pursuing outside interests. Jerry's new address will be Jerome Ingber, Immigration & Citizenship Law , 1221 Nicollet Mall, #506, Minneapolis MN 55403. His current numbers are Tel: 612.339.0517 and Fax: 612.349.6059.


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:
It's really quite simple and I will answer the question in Name Withheld's letter (7/21/2005 ID), "Who is against me & why?" Everyone in the United States, whether a citizen or nonimmigrant, who has followed the laws of the United States to obtain lawful immigration status, and who believe that laws should be respected and not broken, and who believe that with the benefits of freedom come the burdens of responsibility, are against those who conform to the fact pattern in Name Withheld's letter. Those like Name Withheld can continue to cheat with impunity, and some day take advantage of yet another protective American immigration law and marry a U.S. citizen, which will absolve cheating, and which will allow adjustment to permanent residence on the basis that, notwithstanding years of unlawful status, they originally made a lawful, inspected entry - the loop-hole to end all loop-holes in the law. Those like Name Withheld should be ashamed of breaking the laws of the very country, provides freedom, economic opportunity, and prosperity, notwithstanding unlawful status. Where is Name Withheld's integrity? Perhaps it lies buried deep in the drifting sand, beneath the body of a fallen American soldier in Iraq.

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

Dear Editor:
Unfortunately for Dr. No (ID 07/21/05), Senator Cornyns bill is impracticable. Does Dr. No really believe that the voluntary departure within five years will take place? Who is going to issue millions of temporary visas at the consulates? Who is going to process the applications? It could only result in the final collapse of a system that, curiously, only works fast to issue temporary visas that provide bonded servants for businesses. It seems that if someone stays for ten years in the U.S. tied to a single employer is less of a security threat than someone that does the same as an immigrant and is able to switch employers (and demand market wages). There are only two potential solutions. One is mass deportation accompanied by raids at the workplace. The other is devising a market-driven system that allows the efficient issuance of permanent and temporary visas based on objective and straightforward criteria. However, given the nature of the loudest parties (businesses and nativists), the actual outcome will be more like indentured servitude plus wasteful allocation of enforcement resources to fix the problems created by bad legislation.

Washington, DC

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.

Publisher:  Sam Udani    Legal Editor:  Michele Kim