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Immigration Daily September 28, 2006
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Patel's Immigration Reference Books

ILW.COM is pleased to offer Patel's Immigration Law Library, 2005-2006 Edition. This collection includes the essential reference resource "The WHOLE Act, The INA (Annotated), 2005-2006 Edition", once you have used this version of the INA, you will wonder why you ever used any other! This collection also features the fully indexed 8 CFR, fully indexed 20/22/28 CFR, and Patel's Citations. You can order any or all of these invaluable reference works on our books page.


Father Of Three Deported In Violation Of Court Order
Jeff Ross, Esq. writes "A citizen of Lynn, Massachusetts has been deported by immigration officials despite a federal court's direct order that he be permitted to remain in the US."


CRS Updates Report On Security Fences Along Border
The Congressional Research Service issued an updated version of its report outlining the issues involved with DHS's completion of the San Diego border fence and highlights some of the major legislative and administrative developments regarding the construction of new border fences.


Help Wanted: Immigration Paralegal
Busy immigration law firm located outside Philadelphia, PA is looking for an experienced immigration paralegal to join its team. Able to multi-task with great attention to detail and strong work ethic. A minimum of 1-2 years experience in immigration law required, including preparation and filing of business visas petitions and permanent residency applications. The ideal candidate will have strong writing skills, communication skills, and computer skills. Email cover letter, resume, and writing sample to:

Help Wanted: Immigration Paralegal
13-person midtown NYC immigration law firm seeks paralegal with 2+ years of experience with business applications: nonimmigrant and immigrant. Experience with family based, naturalization and other applications a plus. Ideal candidate has BA degree, is detail oriented, organized, conscientious. Candidate must also possess excellent writing, communication & case management skills. Competitive compensation package offered. Email resume + cover letter in MS Word format to

Help Wanted: Immigration Consultants
Las Vegas, NV or Phoenix, AZ - Immigration and Citizenship Services, Inc. has immediate openings for immigration consultants. Have plans to expand quickly across America. Immigration consultant will act as liasion between USCIS, the client and the attorney. Experience, including but not limited to E's, L's H's, TN's, OPTS necessary. Experienced only. Typing skills, computer savvy, great verbal and written communication skills required. Fluency in another language not required but desirable. Competitive compensation offered, including paid medical, dental, and vision. Relocation package may be available for right candidate. Contact Fred D. Winchar, business manager at This is a full-time position.

Help Wanted: Immigration Attorney
Manhattan boutique law firm seeks per diem lawyer to prepare and represent high-profile clients at USCIS interviews (AOS, 751, Natz) at NYC, Garden City, Newark. Approx. 40 cases per year. Must know the law and local procedures, be experienced, and have good client rapport. Please send resume, two references, with fee rates to is a blind ad posting.

Help Wanted: Immigration Attorney
Washington, D.C. - USCIS Office of the Chief Counsel (OCC) seeks an experienced attorney for the position of Litigation Coordination Counsel for its Headquarters Office. This position is primarily responsible for assisting in the provision of litigation support in immigration cases involving USCIS operational components. The role of the Litigation Coordination Counsel is to assist in the oversight and tracking of federal court litigation facing USCIS through coordination with OCC counsel located throughout the country and at HQ. Deadline is September 29, 2006. E-mail to apply. For detailed information, including duties, qualifications, benefits, see here or enter vacancy announcement #CIS-COU-2006-0011 in

Credential Evaluation
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Immigration Event - Los Angeles, CA
The Los Angeles County Bar Association invites you to its second International Diversity Celebration on October 14, 2006, 6 p.m. at the Omni Hotel, downtown Los Angeles. Awards will be presented to US Senator Edward Kennedy, US Congresswoman Hilda Solis, O’Melveny & Myers LLP, the Directing Attorney of LACBA’s Immigrant Legal Assistance Project, Mary Mucha and Executive Assistant to the LA District Director of CIS, James DeBates. The celebration features cultural performances (Brazilian samba and Middle Eastern belly dancing), international cuisine, music and dancing. Register here by October 12th. ILW.COM is a media sponsor for this event.


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:
I have not seen the movie "El Inmigrante" (ID 09/27/06 ID comment), but I have seen "El Norte", which was an excellent film about illegals making the arduous trek from Central America to find employment in the US. While these films are well produced, artistic and heart-wrenching, they ignore the fact that the main characters, for whom the audience is asked to have compassion, set out from their native lands in conscious violation of US immigration law, demanding to be accepted into American society, while very often not paying taxes and not registering with the selective service, both of which the law requires of US persons. While "...Any man's death diminishes me, because I am involved in mankind..." (Forgoing quotation from John Donne, Mediation XVII), it is a sad fact that people would not die attempting to cross the southern border if they respected and abided by US law. My heart goes out to those unfortunates who are victims of corrupt governments around the world, and those who are subjected to abject poverty. But the world has a population problem. Unlike at the turn of the twentieth century, no longer can America continue to be the "... Mother of exiles ...". No longer can America withstand the twenty-first century onslaught of more than ten million law breaking illegal immigrants. For the sake of the nation, America must welcome legal foreigners and work to pass cogent new legislation that meets the needs of the times. America must stop illegal economic immigration through the enforcement of its laws, including employer sanctions, not by putting troops on the border, and it must establish a workable and fair nonimmigrant visa program that is thoughtfully designed, procedurally manageable by USCIS, and flexible enough to meet the present and future needs of US employers.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Has justice really been served in the case of Mr. Pakula's win before the BIA as Mr. Murray's letter states? (09/27/06 ID). Although it is certainly good news to Mr. Pakula's client, the fact that it is an unpublished, non-precendential decision means it is of dubious persuasive weight for those persons whose situations are factually simililar to those of Mr. Pakula's client. To me it seems just a continuation of a trend the BIA had engaged in for months. I recently had reason to research the BIA's decisions on motions to reopen in absentia orders and found literally dozens of unpublished decisions, both by the BIA and the appellate courts, in which the alien prevailed, and would have favored our client, had I been able to cite them directly. By finding in favor of aliens, but only in non-precedential decisions, the BIA and appellate courts are able to "do justice" in individual cases without disturbing the legal landscape which binds immigration judges. Thus, the next immigration judge who is hearing a matter very similar to that of Mr. Pakula's client is under no obligation to heed that decision. He or she can legitimately make a finding that traffic woes do not present exceptional circumstances, because the published precedents still support such a finding. What the win really shows me is that the BIA is beginning to recognize that events beyond death and illness can legitimately explain an alien's non-appearance in court, and that immigration judges do sometimes exploit tardiness capriciously, perhaps to clear a case off the docket. But what good is that if the BIA is too timid to give that recognition precedential weight? Is justice served if it is only served to a party of one?

James McTyier, Esq.
Clearwater, FL

Dear Editor:
Even though I had promised ID readers a brief respite from my letters, I have to respond to R.L. Ranger's letter's comment about the supposed adverse effects of illegal immigration in New York (09/27/06 ID). While the statistics of FAIR, perhaps this country's premier anti-immigrant organization, are no doubt impressive, I was born in New York, and have lived here or in the vicinity almost all my life. For most of my life, I have lived on Manhattan's Upper West Side and still do. In the 1960's and 1970's, this area was considered dangerous, and was clearly going downhill. Now, after the great wave of immigration over the past 30 years, mostly from Latin America, Asia and other areas outside Western Europe, this area is one of the most vibrant, prosperous (and overpriced) anywhere in the country. Countless stores and businesses are run by or staffed by immigrants, who also make up a large percentage of the customers. Almost every language known to mankind is heard in the streets; ATM's and voter information are usually in four languages and the variety of ethnic restaurants is endless. Yet almost everybody speaks English or is trying hard to learn it. Many other parts of this great ethnic city has been reinvigorated by immigrants from everywhere, despite many problems that every large urban area has to deal with. People who think like Mr. Ranger would probably consider my neighborhood as their own version of Dante's inferno, but they might want to come to New York for a visit and take a look around for themselves. Also, we have many fine Mexican restaurants where they might want to enjoy a tequila or two.

Roger Algase, Esq.
New York, NY

Dear Editor:
I agree with S. Salike's letter (09/28/06 ID), not only the people who are waiting abroad are not taken into consideration, not even mentioned in the discussions, but also the ones who are also waiting patiently in the USA for a visa, and what is worst, running out of time .... What will these people do when their legal status expires waiting for a decision? Will they go back to their countries and wait patiently? Or will they join the "illegals" hoping for the amnesty, yes, amnesty to be approved? Why should the legal immigrants have to wait until consensus is reached regarding illegal immigration? Why is it that nobody speaks about the legal immigrants who have been caught in the middle of this political battle? It seems only the illegal immigrants are the hard working people.

C. Prego

Dear Editor:
President Bush has spoken about comprehensive immigration reform at different places in different times, and in all his speeches he says that the illegal aliens presently staying in the US are very hard workers. He has been saying this repeatedly, and now we are compelled to think that USCs and LPRs are not hard workers, but lazy. It seems that he wants that all illegal aliens are adjusted to guest worker program now, and that later will be allowed to be US citizens. It appears that he has never thought of those people who have been patiently waiting abroad for many years to come to the US legally under family-based immigration. It is a matter of great unjust and unfair. I fully support S. Salike's letter's views. Many thousands of dear ones are passing thru graet agony of sepration. By considering the illegal alien first on priority basis shows that Law breakers are getting rewarded very soon in future whereas those respecting the law are being punished without any offence.


Dear Editor:
I have been trying to subscribe to Immigration Daily, however, I have been unsuccessful. Every time I type in my e-mail and click "subscribe," the website tells me that I am now a subscriber ... but then I receive an e-mail stating that the recipient could not be reached and that my message was undeliverable. Could you please subscribe me to Immigration Daily? My e-mail address is [omitted].

Dree Collopy

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Publisher:  Sam Udani    Legal Editor:  Michele Kim                        ISSN:   1930-062X