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Immigration Daily February 5, 2009
Previous Issues
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Comment

Gillibrand And Immigration

Politico asks "Is it even possible for [NY Senator] Gillibrand to credibly reposition herself on immigration if it is not in her political DNA?" 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

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.


Articles

When Good EB-5 Cases Go Bad
Nicolai Hinrichsen, Carolyn S. Lee, and Stephen W. Yale-Loehr write "Qualifying a person for EB-5 status is one of the most complicated subspecialties in immigration law."

Land Control As Mind Control
John Chodes for the Foundation For Economic Education writes "To disperse dangerous Southern "reactionaries," some of their confiscated land was to be resettled by European immigrants."

Bloggings On Immigration Law And Policy
Greg Siskind discusses "why we need the H-1B program more than ever."

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


News

ETA Releases PERM FY 2009 Statistics
The Employment and Training Administration released selected statistics on the PERM program for FY 2009.


Classifieds

Help Wanted: Immigration Attorney
Redmond, WA - Are you ready to make a significant impact on an industry leader? Would you like to have the ability to contribute to the success of many businesses and products in the technology arena as well as make a positive impact on individuals and their families' lives? If you do, come join us at Microsoft as a US Immigration Attorney. We are a diverse and global company that makes a significant positive impact on 600 million plus customers worldwide. The Microsoft Corporation Legal & Corporate Affairs Global Migration department plays an integral role in helping hiring managers and recruiters hire and on board the best and brightest. If you are ready to make a difference and learn and grow in the US Immigration arena, we offer an opportunity like no other. This position requires excellent academic credentials, 4-6 years experience in all NIV business visas, labor certifications, and other business-related immigration matters. Strong case management, customer facing, communication and writing skills required. Full relocation package offered. To view detailed job description and apply, see here.

Help Wanted: Immigration Attorney
Los Angeles, CA- USCIS Office of Chief Counsel (OCC) seeks experienced attorney for Associate Regional Counsel position, USCIS OCC, Western Region. Responsibilities include, but not limited to, serving as attorney providing on-site legal advice to local District Office USCIS personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security. Applicants must possess JD degree, be active bar member (any jurisdiction), and have 2+ years of post-JD experience in immigration law. For more info, key in Job Announcement Number: COU-CIS-2009-0002 at USAJobs.com. Preference is given to applicants with immigration law experience, a background in federal litigation, an excellent academic record, and strong writing skills. Submit a resume, cover letter + writing sample (max. 10 pps.) to: Kelli J. Duehning, Western Regional Counsel, USCIS Office of the Chief Counsel at Kelli.Duehning@dhs.gov. Must be received by close of business, Tuesday, February 10, 2009. Position is at the GS-13/14/15 levels and is open until filled. No relocation reimbursement available.

Case Management Technology
Offering enterprise-level software and unparalleled US-based support, ImmigrationTracker is the most flexible and dependable immigration management solution on the market today. Designed by immigration attorneys and paralegals, ImmigrationTracker is often praised for its ease of use, intuitive features, and built-in immigration knowledge. As one of our customers noted, "If we had two years and unlimited funds to design our ideal immigration management system, Tracker would be it." Phil Curtis, Chin & Curtis. Find out for yourself why Tracker is the choice of: 83% of practicing Past Presidents of the AILA (American Immigration Lawyers Association, through June 2007); 86% of the 25 largest immigration law firms (IndUS Business Journal 2006); 75% of the AmLaw 200 (largest US law firms, American Lawyer Media, 2006); 3x as many globally ranked immigration attorneys as compared with other software vendors (Chambers Global and the International Who's Who of Business Immigration Lawyers, 2007). Schedule your private demo: Call 1-888-466-8757 ext. 278 or email sales@immigrationtracker.com.


Headlines

Border Patrol Arrests Legal Immigrant
A legal immigrant arrested by U.S. Border Patrol agents in a traffic stop has been released from a detention center after a weekend of incarceration.

Reforming America's Immigration Gulags Becomes Front-Burner Issue
Long ignored by policymakers because the combination of immigration and prison reform is politically lethal, calls for major restructuring of the immigration detention system may soon become unavoidable.

Priorities Of Immigration Advocates Are Out Of Step
More immigration is not what Latino voters want.

Protesters Target Immigration Agency
The protesters claimed that ICE unfairly targets Mexican and Latino neighborhoods and is tearing apart families and communities.


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 - Washington, DC
Global Immigration Law Group will be hosting a seminar discussing the Alberta Canada Permanent Residency Program for H-1B Holders on February 7, 2009, from 9:30am 12pm, at the Hilton, Universal City (next to Universal Studios). The address is 555 Universal Hollywood Drive, Universal City, California 91608. The number is 1-818-506-2500. Parking with validation is $9. Costs for the seminar are $30 per person. Please RSVP ahead of time so that we will have materials prepared for you. Space is limited. Registration and payment is accepted at www.InvestImmigrationLaw.com. ILW.COM is pleased to be a media sponsor.


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:
I believe that there is a useful point to debate what the law actually is concerning immigration related issues, as my letters have recently tried to do in relation to the 14th amendment right to citizenship by birth in the US. There is also much to be said in favor of having a thoughtful and focused debate about what the law should be, for which I commend David D. Murray's letters in particular. However, it seems that reasoned attempts to explain the law as it is, or as one believes it should be, are anathema to people who are so swayed by emotion or prejudice that they are unwilling to discuss anything dealing with immigration objectively. The large number of letters ranting about "illegal aliens" (a term to be found nowhere in the immigration laws - "alien", yes, but not "illegal") in the February 4 ID is unmistakeable, and certainly not encouraging, evidence of this. Yes, there are people in this country illegally - millions of them. So where do we go from here - boil them all in oil (along with their US born children, who, under the Constitution that every American owes allegiance to, are no less US citizens than any author of the anti-immigrant ranting letters referred to above?

Roger Algase, Esq.
New York, NY

Dear Editor:
I like the phrase used in Frank Rauscher's letter (02/04/09 ID), "...trespassers, not immigrants." I have long espoused the opinion that immigration should not be a game of politically correct semantics, like foregoing the use of the term "illegal" in favor of "undocumented," and "alien" in favor of "immigrant". Mr. Rauscher's letter hits the nail on the head in coining a new phrase in immigration lingo, "illegal trespassers". Evidently, the letter writer has experienced firsthand the inequity of the US immigration system in petitioning his Chinese wife, who did not have the luxury of entering the USA on the Visa Waiver Program, requiring them to endure the pain of a long separation of a year or more, no doubt further humiliated by the traditionally poor and disrespectful treatment of Chinese applicants at the US Consulate in Guangzhou. It is time to streamline the approval process for US citizen spouses and remedy their inhumane separation. US immigration policy should not be based on compassion and concern for the poor - be they Hispanic, Asian or otherwise - it should be based on fundamental fairness and simple economics. Any "comprehensive immigration reform" should begin not with the illegal trespassers, but should first focus on fairness toward US citizens, and on US employers with a need for nonimmigrant temporary or seasonal labor. The Illegal trespassers can be dealt with by separate legislation, after the total immigration system is reformed, that should include adequate nonimmigrant employment authorized status designed to avoid immediate deportation of the trespassers that at the same time meets the immediate needs of employers. If later deemed appropriate, provide the former trespassers a vehicle through which to possibly "earn" their US residence in a way that will benefit US employers and the overall economy, not merely reward scofflaw acts.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Sigh, to the folks who write in twisting the concepts of justice in these discussions of a solution to our nations immigration problems, perhaps in the interest of bi-partisanship you could refrain from using dehumanizing language and slurs to describe your fellow human beings (see 02/04/09 ID). It would also be helpful to the discussion if these folks were a little better informed on the cause and effect of these matters. On the one hand our restrictionists complain of the "cost" of illegal immigrants in our communties and yet advocate and explosion of the prison industrial complex to deport them. In the end it may work out because we are outsourcing so many of our jobs Mexico will soon need the workers back home. Is it possible to discuss this problem in the context of the US citizens' rights to family unity or freedom of Association? Both of those concepts are clear in the Constitution yet nary a word is breathed by those who would bar the door to the family members of US Citizens. With what precedent or case law do you bend the Consitution to prevent Citizens from freely associating? If that person is his parents, children or spouse who are not citizens then provide a mechanism for them. We have the technology, submit application, take biometrics, post bond and get your VISA. Forfeit the bond if you don't come back. Not all of illegal entry and those who are living in this country without authorization is caused by impossible restrictions on family unity, but it is a huge factor in this "broken system". I am tired of the folks who write in twisting the concepts of justice in these matters and using dehumanizing language and slurs and insults to describe US Citizen children regardless of parentage.

Sergi Sheplov

Dear Editor:
I have been reading ID for some time now and have not seen information on the problems at many US consulates relating to the current marriage-based visa system, or reform of the current method used to issue/refuse K based visas. Several US consulates are notorious for completely disregarding the INA, FAM and numerous other DOS directives, policy statements, etc., used in adjudicating K visa petitions. A few of these consulates are even more notorious than the others. There have been no specific reasons provided at the time of visa denial as required under law and all attempts by the petitioners and/or beneficiaries to obtain the reason(s) for denial are ignored. Notice Of Intent To Deny or Revoke letters are routinely not sent by the USCIS to the petitioners providing them with an opportunity to appeal or rebut, and then a finding of Misrepresentation is entered into the beneficiary's file permanently barring him/her from entering the US on another petition and then requiring application for a waiver. Appealing to congressional representatives for assistance is met with the same resistance, usually a flurry of non-descript generic responses to requests for specific information which are tendered by bureaucrats in the consulates, State Department or the USCIS. Congressional representatives seem to have no desire to take on this problem on behalf of their constituents and are content with getting the brush-off. Even FOIA requests for specific denial information are stymied until the requestor usually gives up. This is an aspect of immigration reform that is in dire need of attention by our elected leaders but one that is usually overlooked or brushed under the rug. I don't see enough coverage, or even any by ID, which could help bring this problem to be included in any future Immigration reform.

Warren Atkins

Dear Editor:
The Titanic went down because engineers proclaimed she "was unsinkable", and arrogantly ignored Mother Nature. This tragedy was a result of mass arrogance, poor planning and ice. In much the same way our Immigration Policy is sinking our moral ship. "Enforcement Only" (02/03/09 ID comment) sails without life boats resulting in the distruction of innocents. Like the Titanic the decisions of who gets humane treatment and who sinks is based on the class of ticket they boarded the ship with. Unfortunately those who most loudly protest decent and humane treatment of the undocumented in our midst have a similar mindset, they believe they "deserve" a lifeboat and are stepping on the hands of anyone who attempts to board "thier ship".

Maura Freedman

Dear Editor:
A reader mentions traffic law in letter (02/03/09 ID). Speed limits apply to everyone on the road, and while the punishment for this "civil infraction" can vary from a warning to a monetary fine, they are generally finite and almost always the individual who recieved the citation can argue and the judge can use discretion in handling the case. In this civil matter the violater is given the opportunity to make restitution. This is never called "amnesty" nor a "reward" or a "cookie" as other friends have suggested. With Traffic Law in most cases the rules/signs are clear. This is not the case in Immigration Law. Many times in Immigration Law the result cannot be forseen and often the "punishment" doesn't have the intended effect but actually creates more serious and expensive unintended results.

Jack Phelps

Dear Editor:
I am a little concerned about the editorial comment on the E-verify system (02/03/09 ID). While I am in favor of widespread reform and feel that benefit legislation is necessary, I am not so sure that the death of the e-verify system is good for immigrants. In reality, the E-verify system is a very visible problem for both legal and illegal immigrants as well as some citizens. It highlights to employers, the difficulty in finding, what the US government considers as legal workers. It is surprising to see the government also having problems with the system. The E-verify system is heralded as the ultimate enforcement tool by those opposing any immigration and is what they believe the way of the future. To end the flawed program will only give them fuel to say, look we had a functioning system to enforce legal work and we passed the buck some where else. Yet, flaws and continual problems allow employers to understand that something needs to be done with the immigration system. If employers were not struggling to get employees cleared under the system, they would not have a clue of why the immigration laws need to be changed. It is not sufficient to say then, end it all, because we do need the workers, we do need legal means to keep families together. Without E-verify and the problems it creates for employers, employers may not recognize the urgency and the need to change or reform the immigration system, and the need for foreign workers. So let E-Verify be extended. Let that program be modified to maybe have a chance to work for some; but without further reforms of the entire system, E-verify will continue to plague many and continue to remind the general population of the United States, that reform is needed.

Steven R. Lawrence
Salt Lake City, UT

Dear Editor:
Regarding D. Murray's letter's attack yesterday on my Feb. 3rd letter, he also wrote on Jan 16th: "I would like to see personal attacks, rather than attacks on ideas eliminated in ID's Letters to the Editor stopped, as they serve no useful purpose". He also wrote on Nov 11th: "Hanza (sic) Prchal's letter (10/10/08 ID) responding, by way of what seems to me a demeaning personal attack on my intelligence, to my letter of 10/07/08 ID ... is an insult and the type of nonsensical personal bashing that should not be allowed in ID ... so how Mr. Prchal's letter can lambast my opinions with such nonsense, and how ID can allow him to do so in their publication is beyond belief. I am very angry and expect an apology from Mr. Prchal and from Immigration Daily. If I don't get it, you can believe this will be the last Immigration Daily will hear from me." Heil Hitler. Mr. Murray's letters seem to have problems with the legitimate opinions of others, often calling for their ban or elimination from "serious consideration". Opinions of others are not "non-sensical" or "have no basis in law or fact" just because Mr. Murray's letter so state, just as the 14th Amd. controversy regarding BO's citizenship qualifications is not over because some letter writers desire. Yesterday's letters of H. Prchal and R. Algase make interesting points as do others, but plain words such as "anti-American" and "blatant" are not inappropriate when accurately used. Entry enthusiasts seem to have an aversion to using plain words, preferring "undocumented workers" rather than "illegal aliens", the correct, legal term. One might ponder the reasons for the aversion and the apparent great need for them to avoid or cringe at them.

Jim Roberts


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 1995-2008 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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