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Immigration Daily November 23, 2005
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Deadline Is Tuesday, Nov. 29th For Removal Issues

The curriculum for the December 1st phone session on Removal Issues is as follows:

  • Tips for Representing Immigrants in Removal Proceedings
  • Burden of Proof Issues
  • Recent Developments in 212(c) caselaw
  • Adjustment of Status
  • Reinstatement of Removal
The deadline to sign up is Tuesday, November 29th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


No Way In: US Immigration Policy Leaves Few Legal Options For Mexican Workers
Rob Paral for The Immigration Policy Center writes "While U.S. immigration policies present a wide array of avenues for immigrants to enter the US, very few of these venues are tailored to workers in less-skilled occupations.


EOIR Issues Latest Disciplinary Actions
The Executive Office for Immigration Review issued the latest disciplinary actions: (3) attorneys were immediately suspended.


Help Wanted: Immigration Professional
Human Rights Initiative (HRI) seeks a Legal Director. Based in Dallas, TX, HRI is dedicated to protecting international human rights to those who have suffered human rights abuses. HRI offers free representation to indigent asylum-seekers, unaccompanied immigrant children, and immigrant families who are victims of domestic violence or violent crimes through pro bono legal professionals. Candidate must be passionate advocate of HRI's mission who will cultivate strong ties between HRI and its stakeholders. Job Responsibilities: oversee all immigration legal activities; supervise legal staff; participate in intakes and case evaluation; approve case submissions; assist in hearings; maintain/develop pro bono program; advise pro bono attys; serve as resource on relevant law/policy; represent HRI in legal community; participate in agency development. Education/Experience: JD degree; licensed in any state; 5 yrs. immigration law exp. with emphasis in asylum, VAWA, and trafficking; court experience; management/team environment experience; excellent leadership and interpersonal skills; passion for human rights. For complete job description, visit: Email resume + salary req. to Cannon Flowers:

Help Wanted: Immigration Attorney
Well-respected business immigration practice located in North Potomac, MD with 20+ years experience is now expanding. Seeks committed, energetic attorney with strong client interface skills, meticulous attention to detail, superior writing ability and uncompromising professional ethics. Outstanding professional development and growth opportunity. Small, casual, flexible and collegial office. Contact Denise Hammond at:

Case Management Technology
With INSZoom, you can rest assured that you have the most secure, simple and strategic software and support services available on the market. Our state-of-the art product helps US immigration law firms build efficiency, accuracy and transparency through a single, comprehensive software. We offer 600+ Forms and many advanced features to provide you with an all-in-one case management system solution. Let your clients update their profile information, check their case status, maintain compliance, and generate numerous reports, all via a secure online system. INSZoom's leading edge technology is backed by a friendly, responsive and multi-lingual customer support team. We will configure INSZoom to your workflow for maximium results. INSZoom's technical team works diligently to ensure that the technology works for you - every time! 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

Help Wanted: Immigration Paralegals
Greenberg Traurig, LLP a large international law firm, has openings in its Tysons Corner, VA location for business immigration paralegals. If you want to join a team of highly-trained and very motivated immigration paralegals in a demanding, fast-paced environment this is the position for you. To join our team you must be very organized with the ability to work independently, manage a large case load, juggle multiple tasks/deadlines, and possess excellent computer skills. Bachelor degree or equivalent required. In our practice we hire the best the field has to offer and make them better. In return, we ask for the very best you can offer. Excellent benefits and compensation package offered. If you are talented and up to the challenge, this job is for you. Send cover letter, resume, salary requirements + writing sample to Cristy Campbell by email: or fax: 703-714-8374.

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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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 a great BIA decision, the BIA decided that when a judge reduces a sentence, this will control for immigration purposes even if the basis for the motion is not legal error but merely a need to avoid immigration consequences. In this case, a San Diego judge granted a motion to reduce a sentence to 364 days, in response to counsel's argument that this would prevent the conviction from being an aggravated felony and allow the permanent resident to apply for cancellation of removal. Often it is far easier to persuade a criminal court judge to modify an imposed sentence than to vacate the conviction. In many but not all cases, reducing the imposed sentence to less than a year will stop the offense from being an aggravated felony. For example, a theft, burglary or crime of violence must have a "sentence imposed" (including suspended sentences) of a year or more in order to be an aggravated felony. In contrast, statutory rape, drug trafficking, or being a felon in possession of a firearm is an aggravated felony regardless of sentence imposed. See aggravated felony definitions at 8 USC 1101(a)(43), INA 101(a)(43). The sentence imposed by the judge, not the amount of time the person spends incarcerated, must be less than a year. Where imposition of sentence is suspended, a period of incarceration ordered as a condition of probation is the "sentence imposed." Where execution is suspended, the entire sentence counts. See 8 USC 1101(a)(48)(B), INA 101(a)(48)(B). Advocates had worried that the BIA would apply the rule governing vacating convictions to motions to reduce a sentence. A conviction will not be considered eliminated for immigration purposes unless the basis for eliminating the conviction was legal error. Matter of Pickering, 23 I&N Dec. 621 (BIA 2003). That legal error can involve immigration consequences (for example, under California law ineffective assistance of counsel for failure to accurately advise about immigration consequences), but there has to be some error. Advocates were concerned that the BIA would back away from its position in Matter of Song, 23 I&N Dec. 173 (BIA 2001) that, due to the different statutory language defining conviction and sentence, this was not required in a sentence modification.

Kathy Brady, Immigrant Legal Resource Center
San Francisco, CA

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Publisher:  Sam Udani    Legal Editor:  Michele Kim