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Immigration Daily November 4, 2005
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Supreme Court To Decide Permanent Bar Applicability

The Supreme Court agreed to hear the case of undocumented resident Fernandez-Vargas and address the applicability of IIRAIRA's reinstatement or "permanent bar" provision, 8 USC 1231(a)(5), which states:

"if the Attorney General finds that an alien has reentered the United States illegally after having been removed or having departed voluntarily, under an order of removal, the prior order of removal is reinstated from its original date and is not subject to being reopened or reviewed, the alien is not eligible and may not apply for any relief under this chapter, and the alien shall be removed under the prior order at any time after the reentry."
There is a circuit split on the applicability of the "permanent bar" provision as applied to an alien who had illegally re-entered the US before IIRAIRA's effective date of April 1, 1997. The 9th and 6th Circuit are the only two Circuits ruling that Section 1231(a)(5) does not apply to an alien who illegally re-entered the US before IIRIRA's effective date. The importance of the issue is undisputed - this Supreme Court decision will have an impact on many similiarly situated individuals.

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


Immigration Consequences of Criminal Convictions

The curriculum for the Nov 10 phone session on the Immigration Consequences of Criminal Convictions is as follows:

  • The Basics of How to Analyze the Immigration Consequences of a Criminal Conviction
  • Divisible Statutes and the Record of Conviction
  • Domestic Violence Offenses
  • Crimes of Violence and DUIs
  • Theft and Fraud Offenses
  • Addressing Criminal Issues at Deferred Inspections, in USCIS Applications, and in Removal Proceedings
The deadline to sign up is Tuesday, November 8th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


Inserts Prove Profitable At Attracting New Clients; Much Cheaper Than Other Methods
Trey Ryder writes "If you're looking for broad distribution of your marketing message, without the cost of postage, consider newspaper inserts."


Army Policy On Enlisting Undocumented Aliens
The Army clarifies its position on current enlistment practices of the U.S. Army and undocumented aliens.


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:

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 online job posting 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


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Submit Your Announcement
If you have a professional announcement such as: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner, 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:
The Board of Immigration Appeals decision that 212(h) requires seven years of residence in any lawful status is welcome (see 11/03/05 ID). It was not, however, an en banc decision as stated in Immigration Daily. I suppose a three-member panel decision seems like an en banc decision now that the Board summarily affirms almost everything.

Scott Mossman, Esq.

Editor's note: Thank you for pointing out our error. It has been corrected.

Dear Editor:
Gary Endelman's article "Light From The Dark Side: Why Tancredo May Be Right On The H Visa" appeared 2004 in Immigration Daily (1/7/04 ID). Since then, Tancredo introduced a new version of the bill called The Real Guest Act (H.R.3333). HR 3333 has one major change from the 2003 bill which limits the visa numbers based on the unemployment rate while the 2005 version limits visas if the prevailing wages drop over a 6-month period. HR 3333 gives DOL authority to fix American wage prices by using the supply of foreign labor. It's rather ironic that a conservative Republican is pushing a socialistic price control scheme. H.R. 3333 contains boiler-plate legislation that claims to protect American workers but like other nonimmigrant visa programs such as H-1B, it will be ineffective. Eliminating H-1B and combining all guest-worker visas into a generic "H" visa as Tancredo proposes won't prevent exploitation and fraud. My bet is that immigration attorneys will make gobs of money if any of the guest-worker bills before Congress are approved because vast numbers of visas will fuel the need for more legal help. Tancredo's bill hasn't gained as much traction as other guest-worker bills but the most likely scenario is that the cheap-labor lobby will figure out ways to combine the worst aspects of all of them into a non-partisan agreement. HR 3333 undercuts those of us who think that foreign guest-workers shouldn't be allowed into the U.S. Once-loyal Tancredo followers are starting to wonder if the cheap-labor lobby has finally pressured him into caving on the issue of nonimmigrant workers. HR 3333 is tantamount to aiding and abetting the enemy, and for that reason alone it should be opposed. The message doesn't seem to register with Rep. Tancredo or his staff.

Rob Sanchez

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Publisher:  Sam Udani    Legal Editor:  Michele Kim