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Immigration Daily July 26, 2005
Previous Issues
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Comment

Bogus PERM Denials

Immigration Daily has learned that all PERM "denials" before June 24, 2005 are being re-processed by DOL, and reports indicate that the overwhelming majority of these are now being approved. (As DOL works out the kinks in its decision matrix, the logic component of the PERM system, such events may recur into the distant future.) It thus appears that many PERM denials were indeed bogus. Although this may appear at first glance to be good news for immigration attorneys and their clients, what's to prevent DOL from changing previously approved PERM cases into denials? This would create "bogus approvals", a frightening prospect indeed for the bar and DOL alike. The unpredictability of PERM leaves everyone who is contemplating filing PERM cases feeling uneasy and without a roadmap. For those who think this unease is good reason to sit on the sidelines, think again. DOL has a long-term commitment to the PERM system and it may well persist in tweaking the system even a year or two out. For those who are not willing to wait years, filing PERM cases now despite the uncertainty is the way to go.

We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.


Focus

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: http://www.ilw.com/seminars/july2005.shtm. (Fax version: http://www.ilw.com/seminars/july2005.pdf.)


Article

FOIA In Flux
Jill Sheldon, Esq. writes "The process for requesting an individual's immigration-related information through the Freedom of Information Act (FOIA) has grown more complicated after INS was replaced by USCIS, ICE and CBP."


News

CRS Report On Employer Sanctions For Unauthorized Employment Of Aliens
The Congressional Research Service issued a report on employer sanctions who knowingly hire or continue to employ aliens not authorized to work in the US.


Classifieds

Help Wanted: Immigration Attorney
Phoenix-based general practice law firm, Ryley, Carlock & Applewhite, seeks associate with 3-5 years of experience handling full range of business-related nonimmigrant and immigrant matters. Must have excellent writing, communication and organizational skills. Please send resume, transcript and writing sample to mausdemore@rcalaw.com in Word format. No phone calls please.

Help Wanted: Immigration Attorney
The Columbus office of Vorys, Sater, Seymour and Pease LLP, a 365-attorney law firm, is seeking a junior to mid-level staff attorney with experience in the area of business and employment-related immigration. The position requires excellent academic credentials, strong research, writing, case management, and communication skills, and 2 or more years experience with employment-related nonimmigrant visas, labor certifications, and other business-related immigration matters. Qualified candidates may respond in confidence (preferably by e-mail) to: Bobbi Shoemaker, Recruiting Coordinator, Vorys, Sater, Seymour and Pease LLP, 52 E. Gay Street, Columbus, OH 43216, (614) 464-6285, fax (614) 719-4960, bjshoemaker@vssp.com.

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: resumes@cyrusmehta.com.

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 resume@microsoft.com. 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 careers@usabal.com 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: Jgabel@law-immigration.com: or by fax: 212-695-3008.

Case Management Technology
With Immigration Case Management Tools from INSZoom, you can rest assured that you are working with the most secure, simple and strategic software and support services. This state-of-the art product helps US Immigration Law Firms to build efficiency, accuracy and transparency in their immigration operations through a single comprehensive software. Besides 600+ Forms and Case Management, many advanced functionalities like Online Questionnaires, eFiling, eTracking, Knowledgebase, Group Calendaring, Accounting, Prospect Management, Document Expiration Ticklers & Management Reports, etc. are part of this one all-encompassing tool. Your clients may update their profile information, check case status, manage compliancy, and generate numerous reports..all via a secure online system. INSZoom's superior technology is backed by a friendly, responsive and multi-lingual training & customer support team; which will modulate the training program and handhold your team members to maximize the benefits from INSZoom. We will ensure that our technology works for you…everytime. INSZoom is available in 2 versions: Install in your own office or host on INSZoom secure servers. Contact us for a free guided tour today at 925-244-0600 or info@inszoom.com.


comingsNgoings

Readers can share their professional announcements (100-words or fewer at no charge), email: editor@ilw.com.

Send Your Announcement To Immigration Daily
You can announce professional news concerning your firm for free in the ComingsNGoings section in Immigration Daily. Share your news with over 15,000 subscribers! Send to: editor@ilw.com.


Letters

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

Dear Editor:
This is in response to Ms/Mr S. Salike's letter to the Editor (7/22/05). For somebody who does not have to make a choice between not overstaying visa and losing all you have done in this country, all the people you've met, worked with, your relationships, the places you like, your achievements, future plans and go back to nothing, this may be easy to say. Or being this "dangerous criminal" and overstay your visa fighting for your chance. Your letter indicates a lack of understanding of what your law is doing to immigrants' lives making them wait forever - mostly for nothing.

An

Dear Editor:
I've seen my quality of life decline as more immigrants flock into our country. Due to the influx of Mexicans, our neighborhood is no longer clean and well-kept. Several of the homes have dry grass, weeds, trash, dilapidated cars, and homes in need of repair. Crime has gone from zero to a burglary or theft about once or twice a month. Home invasion, assault, and even murder is not unheard of in the nearby areas. Is it traceable to the influx of Mexicans? You're right it is. The costs of my health insurance, co-pays, and deductibles have gone up because of indigent or low-income Hispanics obtaining health care free of charge. My property taxes are going up annually, primarily because of school taxes. Low income Hispanics who live in subsidized housing, pay no property or income taxes. They have larger families than Anglos so have more children in schools, and being low income, receive free breakfast/lunch at school, paid for by Anglos. They demand special education for their children who do not speak English so we must also pay for bi-lingual teachers. Printed material and signs are now printed in Spanish to accomodate those who refuse or are too lazy to learn English. Labels, instructions and advertising are now in Spanish paid by all consumers. Crime is increasing at an alarming rate, mainly due to criminal aliens infiltrating our country. The costs of law enforcement, judicial proceedings, and correctional facilities are also passed on to American citizens. My previously free time is now spent contacting my elected officials trying to get them to address this problem. Instead of taking my wife on a nice vacation, I'll spend my vacation time and join the Minutemen to try to slow down the flow of illegal criminal aliens, drug smugglers, and terrorists.

HC
Las Vegas, NV


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 editor@ilw.com. 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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