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Immigration Daily November 8, 2005
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No Human Is Illegal

Stanley Mailman and Steve Yale-Loehr recently penned some wise words concerning the term "illegal alien":

"An undocumented alien performing construction work is not an outlaw engaged in illegal activity, such as bookmaking or burglary. Rather, the work is lawful and legitimate; it simply happens to be work for which the alien is ineligible or disqualified ... A noncitizen who overstays a visa is no more an illegal person than an employer who fails to certify an IRCA form is an "illegal employer." Neither has thereby committed a crime ..." (Undocumented Workers Seeking Personal-Injury Compensation, October 31, 2005, New York Law Journal).
Undocumented aliens find work in the US with the express support of millions of America's employers, including American families and households. These same undocumented aliens find a warm welcome from pretty much every American community and neighborhood. We need to bring our immigration laws in conformance with the expressed desires of America's employers and communities by legalization instead of demonizing the undocumented by referring to them as "illegal aliens".

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


PERM On Broadway!

The location of the full-day PERM workshop on Wednesday, December 7th has been finalized: it will be at Holiday Inn Martinique On Broadway, 49 West 32nd Street (32nd and Broadway), New York, NY 10001. Here are the highlights of this location for those who are considering attending:

*** For those coming from outside the NorthEast:
The hotel is located on 32nd and Broadway, in mid-town Manhattan (the commercial and retail district of NYC is in mid-town whereas down-town Manhattan is mostly the financial district), two blocks from Macy's HQ store, two blocks from the Empire State Building, and conveniently located to many other Manhattan business, shopping and fun spots. This particular hotel is on one of the safest blocks in mid-town, and is not as expensive as some others in mid-town (we have a limited number of rooms reserved at a discount rate).

*** For those coming by Amtrak (anywhere from DC to Boston):
The hotel is just one block from Penn Station, you can come to NYC for a day trip (possibly by Metroliner) and avoid the expense of a night's stay.

*** For those coming from New Jersey:
The hotel is just one block from Penn Station (NJ Transit) and across the street from the PATH Station.

*** For those coming from Long Island:
The hotel is just one block from Penn Station/LIRR.

*** For those coming from Connecticut/upstate NY:
The hotel is a 15-minute walk (or a 5-minute cab ride) from Grand Central Terminal.

*** For those coming from Bronx, Brooklyn, Manhattan, Queens, Staten Island:
The hotel is right atop the 34th Street Herald Square station served by the B, D, F, N, Q, R, V and W lines (the 1, 2 and 3 lines are just a block away, and the 6 line is 3 blocks away).

To register on-line, please see To register by mail/fax, please see


Ali Al-Maqtari's Story: Freed After Seven Weeks Of Unfair Post-9/11 Detention
Michael Boyle shares the story of client Ali Al-Maqtari and his ultimately successful battle with immigration authorities.


DOS Cable On Students' Immigrant Intent
The Department of State issued a cable on providing guidance for consular officers in how to interpret the immigrant intent provisions when adjudicating student visa applications.


Help Wanted: Immigration Paralegals
Morgan, Lewis & Bockius, LLP is currently looking for two paralegals to work directly with the Immigration Practice Group in its Washington, DC office. Must be able to work under minimal supervision. The firm offers an excellent compensation and benefits package, outstanding work environment, and comprehensive support to enable our Immigration Paralegals to assume significant responsibility, including contact with clients. Candidates must have at least two years of business immigration experience in employment-based immigrant and non-immigrant categories. Candidates must possess strong organizational, research and writing skills. Knowledge of PC applications and flexibility to work overtime are required. An undergraduate degree is required. Morgan Lewis is an Equal Opportunity Employer. M/F/D/V. Please apply online via the career link of the Morgan Lewis website.

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


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

Law Review Publication
Scott D. Pollock in Chicago has had a law review article published, entitled: "Survey of Illinois Law: 2004-2005 Developments in Seventh Circuit Jurisprudence: Protecting Foreign Nationals Against Return to Countries Where They Fear Persecution or Torture," Vol. 29 Southern Illinois University Law Journal, pp. 723-760 (Summer 2005). The article discusses over 20 cases from January 2004 to March 2005 in which the 7th Circuit reversed IJ and BIA decisions denying asylum/withholding/CAT applications.


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 Stump v. Stump, Cause No.: 1:04-CV-253-TS (N.D. Ind. May 27, 2005) (11/07/05 ID) The court stated: "The spouse of an alien who entered the United States on a fiance visa must complete Form I-864 when the alien spouse petitions to adjust her status after marriage." Slip Op. at 8. Nowhere does the court cite to authority for this conclusion. Section 213A(f)(1)(D) of the Immigration and Nationality Act defines a sponsor as one who "is petitioning for the admission of the alien under section 204...." There is no section 204 petition with a K-1 adjustment. The case was wrongly decided as there was no consideration given to the sponsor. The court stated that the sponsor signed the I-864 "in consideration of the sponsored immigrant not being found inadmissible to the United States under section 212(a)(4)(C)...." Slip Op. at 11. Despite the fact that the USCIS requires an I-864 be submitted in a K-1 adjustment case, there is no legal basis for that position. The consideration in Stump v. Stump was illusory.

Eugene J. Flynn, Esq.
Dallas, TX

Dear Editor:
Mr. Acoba's letter (11/1/05 ID) states: "I find it wonderful that immigrants are repatriating to their home countries and taking their talent and ideas with them" (see 10/31/05 ID comment). Perhaps no one would think it all so wonderful if the result of this policy was considered. We are educating and turning out the best educated people in the world at our institutions of higher learning. Yet these highly educated people are not being allowed to stay in this country and develop their work product here. Instead, they return to their own country and establish businesses that they would have worked in here and that steal jobs from the American people. They make no contribution to our country, despite the fact that their education has been, to a large part, financed by the American people. Even if this were not true, their numbers threaten our future dominance in the world economy. Less Americans are graduating with advanced degrees from our graduate schools than aliens, and because jobs are less available because of outsourcing the number of Americans who graduate from graduate programs will continue to diminish. These are the very people who pose the greatest risk to American jobs, the graduate degree aliens that do not work here. For years there was hand wringing in Washington because America was perceived as guilty of siphoning off the best brains in the world for our own benefit, the "brain drain". Now we are sending the best educated brains out of the country, diminishing ourselves thereby. The answer - either keep these highly educated workers here in the US or stop educating them at the graduate level. Perhaps this act of self-destruction through education of our competition can still be overturned.


Dear Editor:
According to an article from the from Drudge Report/ Washington Times, apparently the loss of birthright citizenship is being knocked around GOP policy circles attaching the catchy phrase "anchor babies" to persons born in the U.S. to Non U.S. citizen parents in an effort to deny them citizenship. This is so fundamentally "unAmerican" especially in light of the 14th amendment it really has left me stunned. Then I realized, I myself being born to immigrant parents who naturalized significantly later, I would not have qualified for citizenship under this proposed standard, leaving me Irish? German? both? I don't know what has more offended my sense of citizenship and being American, the proposed rule or the objectification of the children who will suffer the effects of this proposed change in our laws.

Robert J. DuPont, Esq.
Pasadena, 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