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Immigration Daily July 27, 2005
Previous Issues
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Deadline Is Wednesday, July 27th

The deadline to sign up for the Real ID, Criminal Issues and Hot Topics In Removal seminar is Wednesday, July 27th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:

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:


A Nation At Risk: Immigration And The National Interest
Gary Endelman writes "The purpose of immigration should be to strengthen the nation, not aid the immigrant."


DOS Cable On Artists And Entertainers
The Department of State issued a cable on processing of P-visa applications from artists and entertainers.

DOL Chart On Filing Requirements
The Department of Labor published a Federal Register notice to clarify the locations where applications may be filed and are being processed for the permanent labor certification and major temporary foreign labor certification programs; to clarify key procedures within each program that may be impacted by ETAs transition from region-based to centerbased review; and to provide initial guidance for employers filing applications for certification under the new E3 worker visa program for Australian professionals seeking to temporarily work in the United States. The Federal Register notice also included a chart providing users with a convenient, one-stop reference on program-specific filing requirements, including: H2A, H2B, H-1B, Eb-3.


Help Wanted: Immigration Attorney
The Center for Human Rights and Constitutional Law is a Los Angeles non-profit that focuses its work on the civil and human rights of insular minorities. The Center initiates and conducts major class action litigation, often involving constitutional law issues. The program also operates community-based and international human rights projects. The Center seeks a Supervising Attorney (SA) for its Voces Unidas Project which provides essential social and legal services to abused Mexican national survivors of domestic violence. The SA will oversee development and implementation of a national training program on rights of immigrant survivors of domestic violence living in the US, as well as provide technical support and assistance to pro bono attorneys. The SA will also represent abused women, men, and children with Special Immigrant Juvenile, VAWA, and U-Visa petitions. Salary: Negotiable. Availability: Immediate. No calls please. Send your resume + cover letter in Word format (no WP documents) to both Peter Schey, Executive Director, at and Carlos Holguin, General Counsel, at Applicants must: be admitted to the CA Bar, have 3+ years experience preparing one of the following:(SIJ petitions, VAWA self-petitions, or U-Visas), bilingual in Spanish and English, have strong research & writing skills, have Lexis training and experience. Applicants should have demonstrated commitment to social justice issues.

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 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,

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.

Credential Evaluation And Translation Service
Does your firm need a free initial consultation regarding an Educational, Work Experience or Position Evaluation? American Evaluation and Translation Service, Inc. (AETS) provides free reviews of educational documentation. AETS will review the educational documentation submitted and call/email your firm to update you on the exact U.S. educational equivalency. AETS also provides 'expert opinion' work experience and position evaluations completed by PhD university professors. For a complete list of their prices and turn-around times, please click here: In addition, AETS provides certified translations in over 100 languages, with translators that are specialists in over 80 fields. For a copy of the application for credential evaluation and translation services, contact AETS at (786) 276-8190, email:, or visit


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:
In response to An's letter (7/26/05 ID), someone who has overstayed a visa to live here most likely made the decision to be here illegally before they even got the visa, and committed fraud to get it. It isn't our law which has put them in the position of being illegal, but their own actions. In the meantime, try asking the millions who are waiting for immigrant visas if we should legalize people who abuse nonimmigrant visas. Abuse of nonimmigrant visas also makes it tougher for those who would be legitimate visitors or students to get these visas.

Ali Alexander

Dear Editor:
In response to HC's letter (7/26/05 ID), what's wrong here is the welfare state. If Mexican immigrants should be blamed, what about lazy US citizens and residents who abuse and collect welfare too? I am for immigration-based on merits, those who are not criminals and abuse welfare, they have skills, education and speak English should be able to immigrate here and benefit this country. Those who have good credit scores and are financially secure should be able to sponsor their immediate family to immigrate here if they can guarantee their relatives will not seek welfare and will help them establish themselves here. The US immigration system should be market-driven and merit-based instead of based on family connections. Anglos are not the only Americans who pay taxes and subsidized all lazy welfare seekers, but also all hardworking Hispanics, Africans, and Asian Americans too. A welfare state is wrong and should be abolished for the sake of justice.

Richard Sugiharto

Dear Editor:
I have to agree with the letter written by HC in Las Vegas, NV (7/26/05 ID). While I have no problem with immigration, I do have a problem with illegal immigration. The Mexican population is increasing by the minute, and there's no doubt in my mind that most of them are illegal immigrants. HC's letter has many valid points. Neighborhoods are beginning to look run down and dirty. Spanish is becoming the main language of America, and it's ridiculous. I don't see any signs posted in Hindi or Chinese or any other foreign language. This is America. If you are unable to speak or understand the language, then you do not have a true passion to come to America for a better life. If I knew what to do to prevent the illegal Hispanic community from growing, you better believe I would dedicate every second of my free time to the cause of fixing this problem.


Dear Editor:
Sebastian's letter rightly nails the issue (7/22/05 ID) when his letter states, " ... 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." And who will be these indenturers? They will be U.S. agri-business, located primarily in California, where the Latinos go, and in the Gulf States, where they legally import West Indian labor on H-2 visas, exploiting them in the manor of the old robber barons of the early 1900's - in the company store. But like the Pope, mom, apple pie, and arms dealers, criticism of the multi-billion dollar agri-business lobby is off limits to politicians, because it is not "politically correct". The bad legislation of the 1986 amnesty program had a special highly abused "seasonal agricultural worker" provision. Nobody should be so naive as to believe any legislation drafted by politicians is going to be anything but self-serving for large American businesses that traditionally make their billions off the backs of Braceros, giving them the minimum wage bone to gnaw on, while the welfare roles continue to swell in American inner cities. Yes, indentured servants will continue to come, and to stay, whether or not there is new legislation. Why? Because politician-drafted legislation will never contain sanctions severe enough to prevent both business and alien alike from taking the minimal risks of violation.

David D. Murray, Esq.
Newport Beach, CA

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