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Immigration Daily March 20, 2008
Previous Issues
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Comment

Education Limbo

According to a Washington Post news story, "In the years since a huge wave of immigrants began pouring into the country, their US-born children are graduating from high school and finding that citizenship may not be enough." For the full story, see here.

We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.


Focus

Relief From Removal: A Definitive Manual For Winning Cases - Now Shipping

The following is the table of contents for this definitive work which is now being shipped:

  • Chapters: Removal proceedings; Grounds of deportability; Grounds of inadmissibility; Contesting removability; Adjustment of status; Waivers of inadmissibility and deportability in Removal proceedings; Section 212(c) and Cancellation of Removal for Lawful Permanent Residents; Cancellation and Suspension for Non-Permanent Resident Aliens; Asylum, Withholding of Removal and protection under the Convention Against Torture; Voluntary departure; Naturalization as a defense to Removal; Administrative review of Removal Orders; Judicial review of Removal Orders
  • 23 Appendices include: Sample cover letter and instructions for requesting a FBI criminal record check; Sample Motion to Suppress; Sample Motion to Dismiss; Sample Brief in Support of Motion to Terminate Removal Proceedings; Sample Motion to Terminate to Proceed on an Application for Naturalization Pursuant to 8 CFR 1239.2; Sample Notice of Appeal from a decision of an Immigration Judge; Sample Motion for Extension of Time to File Brief to BIA
  • CD-ROM has 600+ important documents including: key BIA & Federal cases, selected USCIS/ICE memos and DOS cables, forms from USCIS & EOIR, relevant regulatory sections from 8 CFR & 42 CFR, significant statutory provisions from the INA, 18 USC & 28 USC, Links to informative internet resources, etc.
For more info, and to order, please see here. For the fax order form, see here.


Article

212(c) Litigation: The Afterlife Of A Waiver
Patricia S. Mann writes "Remarkably, there are still legal controversies today over the availability of 212(c) removal relief for legal permanent residents who were convicted of crimes prior to AEDPA and IIRIRA, with different Circuit Courts making different determinations on eligibility, based on different theories of retroactivity."

Bloggings: March 20, 2008
Greg Siskind shares the latest entries to his blog.

To submit an Article for consideration, write to editor@ilw.com.


News

USCIS Interim Final Rule Prohibts Multiple H-1B Filings
USCIS announced that it had transmitted an interim final rule to the Federal Register today that prohibits employers from filing multiple H-1B petitions for the same employee.

EOIR Releases Latest Disciplinary Actions
The Executive Office for Immigration Review released the latest disciplinary actions: 12 attorneys were immediately suspended; three received final orders; two were reinstated.


Classifieds

Help Wanted: Immigration Attorney
USCIS Office of the Chief Counsel (OCC) seeks experienced attorney with demonstrated experience in immigration law and training for the Training and Knowledge Management Division (TKMD). Position will be co-located with the USCIS Academy Training Center (ATC), which will be temporarily located in Dallas, TX, and will require a change in duty location, upon the selection of a permanent location for the ATC. Once the permanent USCIS Academy Training Center is completed, USCIS will pay relocation expenses to this new duty location. Applicants must possess JD degree from ABA accredited law school, be an active bar member, and have 3+ year post JD experience. For full details, enter COU-CIS-2008-0004 here. This job is being filled by an alternative hiring process and is not in the competitive civil service. Applications must be received by 5pm ET, April 1, 2008. Applicants must submit (1) cover letter (2) resume (3) writing sample (10 pps. max). Submit to: Janice Neetenbeek, Chief, Training and Knowledge Management Division: Janice.Neetenbeek@dhs.gov indicating in email subject header: USCIS Experienced Attorney Position, TKMD.

Help Wanted: Immigration Attorney
Madison, WI - Quarles & Brady LLP seeks attorney with 2-4 years experience practicing business immigration law. Quarles & Brady, a national law firm with offices in Wisconsin, Arizona, Florida and Illinois, has been providing immigration services for over 30 years. Experience in range of business immigration matters, ability to provide exceptional client service, and superb analytical, organizational and case management skills required. We offer collegial environment and competitive salary and benefits. Submit resume, cover letter, transcripts and at least two writing samples of a substantive support letter or a significant memo to: Michelle Bigler, Manager of Legal Recruiting, Quarles & Brady LLP, mbigler@quarles.com.

Help Wanted: Immigration Attorney
Charlotte, NC - USCIS Office of the Chief Counsel (OCC) seeks experienced attorney for the position of Associate Regional Counsel, USCIS OCC, Southeast Region. Responsibilities include, but are not limited to, providing legal advice to the Charlotte, NC field office and other field offices on immigration benefits related matters including adjudications involving issues of national security. Applicants must possess JD degree from ABA accredited law school, be an active bar member, and have 1+ year post JD experience practicing law. Preference will be given to applicants with immigration experience, experience in federal court litigation and strong writing skills. For full details, enter COU-CIS-2008-0003 here. Applicants must submit (1) resume, (2) writing sample (10 pps. max), (3) references (4) cover letter. Send to: SER-COU@dhs.gov. All submissions must be received by close of business Monday, March 24, 2008. GS-13-15, position open until filled. No reimbursement expenses offered.

Help Wanted: Immigration Paralegal
Boston, MA - Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. has an immediate opening for an experienced immigration paralegal for a very busy immigration practice. Candidates must have experience in business immigration law, including preparation of H-1B visa petitions and labor certification cases. Responsibilities include preparation and filing of business and employment-related immigration documentation and communications with government agencies and clients. Qualified candidates must have excellent organizational skills, attention to detail, accuracy, consistency and job ownership. Ideal candidate must have excellent written and oral communication skills. Bachelor's degree and a minimum of three years experience required. Qualified candidates please send cover letter + resume to mlhr@mintz.com. EOE.

Help Wanted: Immigration Paralegal
St. Louis, MO - Stinson Morrison Hecker, LLP's busy corporate/medical/academic immigration law practice seeks experienced paralegal for non-immigrant, immigrant, labor certification and 212(e) waiver cases; intensive client interaction; good writing skills and people skills a must. Send resume to Ms. Maria Harvey, Office Manager: mharvey@stinson.com. No telephone inquiries.

J-1 Visa Program
Discover the ease and flexibility of the J-1 Trainee visa with AIESEC United States. For 50 years, AIESEC U.S. has offered foreign nationals the opportunity to grow both personally and professionally by sponsoring exchange visitor traineeships. Enjoy unparalleled customer service, including in-depth guidance on J-1 Trainee visa regulations and the changes effective July 2007. We also offer logistical and cultural reception services in locations nationwide. Expect a 24-48 hr. application processing time. The J-1 Trainee visa can be used for individuals to participate in training programs in the following fields: information media and communications, education, social sciences, library science, counseling and social services, management, business, commerce and finance, the sciences, engineering, architecture, mathematics and industrial occupations, public administration, and law. Attorneys interested in learning more about AIESEC United States and the J-1 Trainee visa, please email Melany Hamner: MelanyH@aiesecus.org.

PERM Services
At Jon Byk Advertising, Inc., we provide a wide range of services that will help fulfill your PERM recruitment requirements quickly, cost-effectively, and efficiently. With 15+ years of experience working with one of the nation's largest immigration law firms, our customer service is unparalleled. We understand the importance of meeting DOL requirements with regards to ad content, media selection, ad documentation (tear-sheets), and deadlines. We will locate publications that meet DOL and EDD requirements by geographic region, provide upfront pricing, and timely deliver original tear-sheets for all ads (print, online or broadcast). Our experience in recruitment solutions means valuable time saved for you. For more info and a free quote, contact Mya Le at 310-476-3012 or myale@bykadvertising.com.


comingsNgoings

Readers can share their professional announcements (100-words or fewer at no charge), email: editor@ilw.com. Readers interested in learning about featuring your event or conference in Immigration Daily, see here. To feature your newsletter in Immigration Daily, see here.

Immigration Event - New York, NY
The Ph.D. Program in Sociology, CUNY Graduate Center and New York Immigration Seminar Series is pleased to announce a panel discussion on Mexican New York: Transnational Lives of New Immigrants By Robert C. Smith (University of California Press) 4:40-6:00 pm, Wednesday, March 19, 2008, Room 6112 (Sociology Lounge), CUNY Graduate Center, 365 Fifth Avenue, New York, NY. Panelists: Patricia Fernandez-Kelly, Princeton University, Philip Kasinitz, CUNY Graduate Center, Robert C. Smith, School of Public Affairs Baruch College and CUNY Graduate Center, Moderator: Nancy Foner, Hunter College and CUNY Graduate Center.


Letters

Readers are welcome to share their comments, email: editor@ilw.com (300-words or fewer preferred). Many letters to the Editor refer to past correspondence, available in our archives.

Dear Editor:
ID's comment (03/19/08 ID) lays out the logical conclusions of anti-immigrant arguments relative to the rule of law. It's very interesting in its logic, except it skips the final question before concluding that anti-immigrants are racists. Is there any other reason why the rule of law is not logically applicable, apart from race? If no, then it follows that racial bias is the root. If yes, then there is another reason. No American should not fear the answer to this question. There's an assumption made that the U.S. population would not have a problem with undocumented immigration were it all from Europe, specifically Finland or Denmark. The fact is that because individuals arrive legally from such places, the U.S. population cannot identify overstays as sometimes equally -illegal- as those arriving from the Southern Border. Undocumented entries are easier to see and understand. Also, it is often not conceived by Americans that nationalities, apart from Mexicans and those from farther south of their border, would cross the U.S. border illegally from Mexico. ID's opinion is based as much on assumption as those made by anti-immigrationists. Preferably, a neutral to immigration organization and/or two organizations, seemingly at odds, ought to together draft and conduct such a survey. Then we will know and can move forward more united with information rather than forging forward on separate paths. The U.S., with its many challenges must come together or this issue, amongst others that are so divisive, surely will contribute to our continuing downfall. If we have facts, we might begin to really see things as they are rather than how we would like them to be, regardless of whether we are pro or con immigration. As I often say to my clients, I need more evidence.

Alice Yardum-Hunter, Esq.
Encino, CA

Dear Editor:
I believe everyone, on both sides of the issue, is missing the gravamen of the debate (ID 03/19/08 comment and many previous letters to the Editor). While there may be dark, sinister and bigoted motivation for some anti-immigrationists, just as there are Pollyanna, do-gooder, turn a blind eye pro-amnestyists, what it boils down to are not these things, but simply the age old principle of international law - sovereignty - the exclusive right of a government to have complete control over an area of governance. To compare US immigration law and/or policy to Nazi Germany is a disservice to history and to the rule of law - nobody has suggested illegal aliens be murdered. Comparing illegals to jaywalkers is likewise an absurd example of over reaching. America, as any other country, should have immigration laws that adequately address the needs of its citizens, laws that include regulating trade and commerce, labor and punishment for those miscreants who commit acts of moral turpitude or violence on the person or property of another. Other laws regulate more mundane things like the ingress of those not citizens of the United States - immigration. America has the right to exercise its sovereign right to govern itself for the preservation of the health, welfare and morals of the society. It is about time America wakes up and leaves prejudice and politics aside and passes good, sound legislation that will benefit the economy of the United States. If that is determined to be an amnesty (the LAST amnesty!), so be it, but I for one do not believe that is necessary. A good, well conceived, fair guest worker program will do for a start. But America cannot let the tail wag the dog.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Here we go again. In an attempt to make sure the reader understands the serious nature of what it's about to say, ID contemplates that readers might find likening those opposing illegal immigration to Nazi Germany as "bad" (see 03/19/08 ID comment). For those readers such as I who actually had family die in the Holocaust, I find ID's analogy not only "bad", but horribly inappropriate and offensive. Ever the optimist, I would describe ID's analogy as woefully preposterous at best. ID's attempted save by comparing those opposed to illegal immigration to those returning "runaway slaves" fails as well. Thankfully, slavery was abolished in this country. And, although routinely ignored, immigration law still exists. Unlike those that perished in the Holocaust, ID (and even those presently here in violation of the law) has a voice. Might I suggest that ID decide to choose its words more carefully. And, remember, in the words of famed poet Geddy Lee, "if you choose not to decide you still have made a choice."

Richard M. Wilner, Esq.
Cerritos, CA

Dear Editor:
The tone, if not the substance, of Robert L. King's letter's (03/19/08 ID) rant against illegals reminds me of nothing so much as the cry "Die Juden sind unser Ungluck" ("The Jews are our misfortune") that was heard throughout Germany between 1933 and 1945. If this type of hate speech is our definition of patriotism and "sovereignty", then America is in very deep trouble.

Roger Algase, Esq.
New York, NY

Dear Editor:
I appreciate the service that Pedro Pavan has rendered to his adopted country as stated in his letter (03/19/08 ID). However, with his new job at the Executive Office for Immigration Review, I wonder how he will treat the case of the illegal immigrant with child who sneaks across the border in knowing violation of our laws. The EOIR runs the immigration courts and the Board of Immigration Appeals. He could very well end up being on the government's side in ordering the deportation of individuals in situations identical to his who were unlucky enough to get caught.

Scott
Rockville, MD

Dear Editor:
Re your 03/19/08 ID comment "Is Illegal Legal": bravo. It is the dispositive rebuttal to the "what part of illegal don't you understand?" nonsense. Keep up the good work. ID is required reading.

Alberto Manuel Benitez, Professor of Clinical Law Director, Immigration Clinic, The George Washington University Law School
Washington, DC

Dear Editor:
I get it now (03/19/08 ID comment). All we need to fix something that is illegal is to pass legislation that says that what was illegal is now legal or if it is still illegal it will be forgiven. So we forgive the people who are already here, are working hard and are indeed good people. Fine, but how about those who are not here yet and rather than wait for years to go through the legal immigration process would like to come right now whichever way they can. Will they also be forgiven? Come to think of it why on earth would those who are here legally and pay filing and legal fees to go through the legal immigration process and have been waiting for years continue to do so? Once here, just declare that they do not wish to go home and ask to be forgiven if they do not leave when their visas expire. OK, I am getting a bit glib and there is a difference between those who can do it legally and those who would like to but cannot. However, and this is just my opinion, we cannot accommodate and forgive everybody who decides they want to live here. Shouldn't the American people have something to say about it and how best to do this if not through the rule of law rather than letting some "anti" make that decision? We keep hearing that all immigrants, legal and illegal, want is the "American Dream" and some even claim that everybody is entitled to it. I have no problem with that but I would venture that the "American Dream" might become even more spectacular when replicated, adapted and maybe even improved wherever the home and heart sare.

M. Richmond


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 1995- American Immigration LLC, ILW.COM. Send correspondence and articles to editor@ilw.com. 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                        ISSN:   1930-062X


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