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Immigration Daily July 25, 2005
Previous Issues
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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:


Import Workers Or Export Jobs?
Gail Pean writes "Maybe we need to give most favored nation trading status to countries exporting workers as well as silk blouses and sneakers."


DOS Opens Business Visa Center
DOS announced the opening of a worldwide business visa center.


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/Recruitment
Computerworld is the best no-hassle solution for meeting PERM requirements. Place your 2nd IT recruitment ad in print in the IT Careers section, or online at If you choose to use both methods, you will receive 50% off the national print rate. In addition, our staff will tend to your needs from ad layout and design to immediately sending tear sheets once the ad is published. Call today to place your labor certification ad in print and online. Call 1-800-762-2977 or email your ad to


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:
This refers to Name Withheld's letter published in the letter to the editor (07/21/05 ID) saying that he is not a clever cheat. From his letter it clearly shows that he has violated the US law by overstaying his visa. He says that he does not like to be dishonest, but has broken the law by not returning to his own country. Cheat is a cheat, and from the law one will be not acquitted of just being a clever cheat. The law treats on equal terms with both the clever cheat and cheat.

S. Salike

Dear Editor:
But for the fact that illegal immigration is a serious issue, the mindless fumbling about by politicians to craft solutions would be a hoot. To those of us with close-hand familiarity with border issues, it is unnerving to think that in all likelihood, legislation will continue along the same unworkable strategies that gave us IRCA. I am tempted to say they are reinventing the wheel, but then a wheel works. These people reinvent the widget. In all the half-baked plans offered to us so far, notice how carefully they avoid the most obvious reason people enter illegally: jobs. We're simply not ready as a nation to face our addiction to cheap, exploitable labor. Many plans do indeed include a token swipe at employers of illegal aliens. Some of the ideas include voluntary participation by employers, increasing interior enforcement that will ferret out a few hapless offenders to worn the others, retooling the SS card to something akin to a national ID, and of course, the ubiquitous guest worker idea to match hungry aliens willing to work for peanuts with employers unable to find legal workers to do the same. To control the border, we must first take control of the interior. This includes a fair and even enforcement of employer sanctions that will effectively deny jobs to those not legally entitled to them. Jobs are the reason that very nearly all illegal entries and intentional visa violations occur. Unfortunately, politicians would prefer volunteering for duty in Iraq to making any serious and really effective legislation to end the exploitation of illegal aliens. Don't hold your breath waiting for an end to the problem at the borders.

Bill Glenn
USBP (Retired)

Dear Editor:
In view of this text "immigration enforcement problem can be addressed in an effective or realistic manner", I hope that they are going to improve the efficiency in processing forms of relatives who have been called by their brothers and sisters who won greencards and are already American citizens, but I wonder, why not consider brothers and sisters when processing for greencard winners?

Alexander Ng'ang'a.

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

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