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Immigration Daily November 3, 2005
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9th Circuit Purchase

Immigration Daily readers who own The WHOLE ACT—INA (Annotated), 2005-2006 Edition are in good company. The 9th Circuit recently purchased many copies of The WHOLE ACT-INA. As the Circuit Court handling the largest immigration caseload, this fact is noteworthy. We suspect that the reason that the 9th Circuit has found this book useful is the digests of U.S. Supreme Court Decisions included in this book,

"Frequently busy immigration lawyers find it useful, occasionally even necessary, to have a relevant U.S. Supreme Court decision on a topic of immediate interest. To try to dig through a source to find a relevant decision obviously takes a long time, and even then to read the entire decision to determine whether or not one would cite it in a legal brief or memorandum, is indeed a time-consuming task. To make the professional life of members of the immigration bar relatively easy and smooth, brief digests or holdings of all relevant U.S. Supreme Court decisions since 1952 have been incorporated and placed each one under appropriate INA provisions, in the new edition. Furthermore, a number of Supreme Court rulings could not be properly placed under any particular INA provision. They are therefore added as a separate segment in this edition and can be found as "Non-INA-Related U.S. Supreme Court Decisions," which covers as many as 27 topics, and incorporates all such decisions under each relevant topic. And, finally, to make its usefulness more comprehensive, a separate Index to all Supreme Court Decisions is added at the end."
We encourage other federal courts and members of the bar practicing before the federal judiciary to follow the 9th Circuit's lead and consider the purchase of The WHOLE ACT-INA. To learn more about this book, see here.

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


The PERM Workshop, New York City

Hot on the heels of our first successful PERM workshop in Salt Lake City, ILW.COM will host The PERM Workshop in New York City on Dec 7th, 2005 (8:30am-5pm) The Moderators & Speakers will be: Joel Stewart and many others to be announced. Materials for the workshop will include THE PERM BOOK and the first issue of PQ: The PERM Quarterly.

Here are some testimonials from the PERM workshop in Salt Lake City conducted in June 2005:

  • "Thank you for a great program. I found the panels to be very informative –the practical pointers will be invaluable." - Jennifer Roeper, Fowler White Boggs Banker, Tampa, FL
  • "The seminar was excellent in materials and presentation. The speakers are obviously tops in their field with a wealth of knowledge on the subject. It was informative, valuable and interesting. Thank you!" - Margo Einsig, Barley Snyder, York, PA
  • "Fabulous. I’ve learned a lot, very informative workshop. Comprehensive, great materials. I am ready to tackle PERM cases after this workshop. Thank you!" - Loveness Schafer, Louisiana State University, Baton Rouge, LA
  • "Joel Stewart is outstanding and is a walking encyclopedia. He is so clear and smart and intelligent –he makes me forget I have been studying since 9 am and it is now 4:30 pm!" - Gabriela Kreutzer, Law Offices of Gabriela Kreutzer, Los Angeles, CA
  • "Wonderful presentation. Unlike AILA conferences, this conference was well organized and well presented. The small class size allowed for discussions, which was most helpful." – Devang Shah, Shah and Kishore, Rockville, MD

Seating is LIMITED to the first 50 registrants. To register, please see (more info will be posted on that page in the coming weeks).


PERM - Erroneous Rejections "What A Travesty"
Vivien Dalton writes "In these uncertain times in the world of "PERM", we would like to share our experiences with other PERM practitioners."


BIA Decision On Section 212(h) Waiver Of Inadmissibility
In re [], October 24, 2005, the Board of Immigration Appeals in an en banc decision said that lawful permanent residents (LPRs) with 7 years of lawful residence in any status (not 7 years as LPRs) were eligible to apply for a waiver under INA Section 212(h). The BIA also said that "arriving aliens" were eligible for Voluntary Departure at the conclusion of proceedings under INA Section 240B(b) (courtesy of John P. Pratt, Esq.).


Help Wanted: Immigration Paralegal
Downtown Washington, DC firm seeking a mature and responsible paralegal with a minimum of 2 years experience in both family and business immigration cases. Must have a Bachelor's degree and be bilingual in Spanish/English. We are a boutique immigration firm with a fast-paced yet collegial atmosphere and no billable hours requirements. We offer a competitive salary and benefits - both traditional (health insurance) and non-traditional (in-office professional massage). Please send resume + writing sample to Paul S. Haar, Esq., 1150 Connecticut Avenue, NW, Suite 900, Washington, DC 20036 or

Help Wanted: Immigration Attorney
Finnan, Fleischut & Associates, founded in 1978 and based in Menlo Park, CA, seeks an experienced immigration attorney. We have an opening for an associate with 3-5 years experience in corporate immigration law. Candidate must have excellent writing skills, review work for accuracy, have experience with both family and business immigration, manage and develop client relationships, and foster team spirit. We offer excellent benefits, growth potential, and collegial workplace. Salary commensurate with experience. Only applicants with above qualifications should respond. Please submit your resume and cover letter to Luvenia Souffront at: No phone calls please.

Help Wanted: Immigration Attorney
Fast-paced NYC immigration law firm seeks attorney with at least 5 years of employment-based immigration experience particularly in Labor Cert, I-140, L-1, E, H-1B, J-1 cases. Strong communication skills (written & verbal) and case management skills required. Must be able to handle heavy caseload, supervise paralegals & junior attorneys and participate in practice development efforts. Please email resume & salary requirements in confidence to John Fay at:

Help Wanted: Immigration Professional
The Immigrant Legal Resource Center (ILRC), a national support center for education and advocacy, seeks to improve immigration law and policy and to make affordable legal services available to all immigrants. ILRC is in search for a new Executive Director. Responsibilities: provide leadership to staff, help execute fundraising efforts, develop agency budget, help develop programmatic and legal work, initiate and maintain relationships with organizations that serve immigrant communities. Requirements: Demonstrated passion for and commitment to immigrant or other marginalized populations, or related social justice, public policy or legal services work; minimum 7 years experience in non-profit mgmt as exec. director or equivalent. For complete details, see: To apply: Submit your credentials and a cover letter (that articulates your experience as it relates to our needs) by November 1, 2005 to Shari Kurita:

Help Wanted: Immigration Attorneys
Senior Associate, San Diego, CA. Larrabee & Zimmerman LLP, a leading business immigration firm, seeks seasoned immigration attorneys to join our expanding practice. Requirements: 5 years of business immigration experience in a high volume, fast-paced immigration firm; California Bar membership; strong writing and verbal communication skills. Excellent benefits. Salary commensurate with experience. A great place to work and enjoy your chosen career. Send your resume to

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

New Offices: Miami-Dade
Cifuentes-Marrero, P.A. has opened an office in Miami-Dade. 4300 Biscayne Boulevard, Suite 204. Miami, FL 33137. (305) 573-7418 (305) 573-7433 Fax. We continue to operate our office in Broward county at 1580 Sawgrass Corp. Pkwy., Suite 130, Sunrise, FL 33323.


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:
The information with regard to FBI name checks is woefully out of date (11/02/05 ID comment). The phone number indeed indicates that information can be obtained by e-mail, but the FBI is no longer replying to requests initiated by e-mail. If agent Pisterzi is uninformed about the status of the phone number and e-mail address, how accurate is his info on pending requests for name checks? Requests for information on name check using the provided e-mail address have not received a reply in a minimum of over five (5) months. In addition, name check requests for some employment related I-485 petitions have been pending for over three (3) years. Supposedly, FBI is directing resources to a "special project" aimed at reducing their name check backlog. Accurate information with regard to the FBI's backlog and their efforts to reduce same would be appreciated by the immigrant community.

Ken Colamarino

Dear Editor:
Interesting that the only mention Ms. Jacoby's article (11/02/05 ID article) makes of enforcing the law against employers who hire illegal aliens is as part of "enforcement plus", which would kick in after employers got what they wanted, namely amnesty for illegal alien workers. Enforcement plus also sounds suspiciously like the provisions of the 1986 amnesty, which the government failed to deliver on; hence, the demand for proof of government's commitment and ability to carry out enforcement efforts. By the way, it's not only Republicans who will have problems over guest worker programs and amnesty. I'm one Democrat who opposes amnesty, and I know several others.

Ali Alexander

Dear Editor:
After reading Judy Resnick's letter (11/02/05 ID), I'm even more in favor of Sam Alito's nomination for Supreme Court Justice. We need to get back to the original intent of the Constitution, where "people" are U.S. citizens. It was the Supreme Court that promulgated such nonsense decisions as the one that mandates that local school districts must educate illegal aliens with the money of U.S. taxpayers. I would urge readers to read Mark Levin's wonderful "Men in Black". He has a great chapter on the Supreme Court's influence on immigration law. Any lawyer is surely aware that in the Constitution, Congress is given the jurisdiction to make laws concerning the naturalization of aliens, not the Supreme Court.

Katelyn Giovino, Paralegal
Watson Law Offices

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