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Immigration Daily February 13, 2009
Previous Issues
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Comment

Executive Improvements

The Migration Policy Institute released a report offering 36 recommendations for improvements to the immigration system that the executive branch can accomplish as they do not require any congressional action. The New York Times reports "An immigration policy group said Wednesday that the Department of Homeland Security’s immigration mission has been undermined by wasteful spending along the southern border, law enforcement efforts that focused on snaring illegal workers rather than high-risk criminals, and an often hostile bureaucracy that discourages people eligible for legal entry from playing by the rules."

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


Focus

Crimes And Immigration: A Definitive Manual For Winning Cases

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

  • Chapter 1: Evaluating A Criminal Case For Immigration Purposes
  • Chapter 2: Criminal Grounds Of Inadmissibility And Waivers
  • Chapter 3: Criminal Grounds Of Deportability
  • Chapter 4: Good Moral Character
  • Chapter 5: Detention And Removal Of Noncitizens Charged With Criminal Grounds Of Inadmissibility Or Deportability
  • Chapter 6: Applications For Relief From Removal For Criminal Aliens In Removal Proceedings
  • Chapter 7: Working With Criminal Defense Counsel And The Criminal Courts On The Structure And Amelioration Of Convictions
  • Chapter 8: Judicial Review
  • CD-ROM: Over 700 Critical Documents - Significant statutory provisions of 8 USC, 18 USC, and other public laws, Relevant regulatory sections and forms from USCIS and EOIR, Key BIA and Federal Court cases, Links to informative internet resources, etc.
For more info, and to order, please see here. For the fax order form, see here.


Articles

Building New Immigration And Migration Policies For A New Era
Oscar Chacon and Amy Shannon write "The best way to bring equilibrium between economic demands for foreign-born workers and legitimate demands for a better quality of life for people in the United States, will be to tackle migration in a two-pronged manner."

Bloggings on Nurse Immigration
Christopher T. Musillo of the Hammond Law Group writes "The March Visa Bulletin has just been released. There has been no significant improvement in the EB3 retrogression."

Immigrants Of The Day: Junot Diaz of Dominican Republic, Joseph Pulitzer of Hungary, and Enrico Fermi of Italy
Kevin R. Johnson celebrates the achievements of these immigrants.

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


News

Snow Memo On Classified Information In Immigration Court Proceedings
Thomas Snow, Acting Chief Immigration Judge, EOIR, issued an Operating Policies and Procedures Memorandum (OPPM) providing guidance on proper handling of classified information in Immigration Court proceedings and within the Immigration Courts.

Snow Memo On Protective Orders And Sealing Of Records
Thomas Snow, Acting Chief Immigration Judge, EOIR, issued an Operating Policies and Procedures Memorandum (OPPM) providing guidance regarding issuance of protective orders and sealing of records in immigration proceedings.

USCIS Fact Sheet On Iraqi Refugee Processing
USCIS released a fact sheet on Iraqi refugee processing.

USCIS Announcement On Status Of Cambodian Adoptions
USCIS announced that it continues to be unable to approve any Form I-600, Petition to Classify Orphan as an Immediate Relative, filed for a child to be adopted from Cambodia, and that it is also unable to approve any Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, filed for a child to be adopted from Cambodia at this time.


Classifieds

Help Wanted: Immigration Attorney
Beverly Hills, CA - Busy immigration law firm has immediate opening for experienced, hard-working and creative self-starter. Candidate must be able to thrive in challenging, trial-oriented environment where deadlines are critical, must be active bar member (any jurisdiction), and have experience in handling nonimmigrant business and/or NIV visas and consular practice, PERM, family, removal proceedings, as well as BIA and Circuit Court Appeals, and federal litigation. Must have following: demonstrate quick analytical ability and facility to articulate critical issues in case; have superior oral and writing skills, strong research and interpersonal skills, and good judgment; possess excellent courtroom skills and exhibit ability to work in professional manner with others, demonstrate computer literacy skills. Expected to do own legal research and writing and to be substantially self-sufficient in preparing day-to-day correspondence/pleadings. Occasional travel required; bilingual a plus, but not essential (spanish or korean) No relocation reimbursement. Send cover letter, resume, + writing sample (max. 10 pps. in MS Word or Adobe PDF format) to sirennesanchez@asherson.net.

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.

Case Management Technology
Are you ready for the new changes in immigration? See why INSZoom has a 99% customer retention rate. Use our forms with peace of mind - 800+ updated within 24 hours of any new release, no patches or downloads. E-File 20+ forms. Access your firm's online database anywhere you have internet access. Client relationship management tools, practice management tools, group calendaring, emails, notes, reports, invoices, auto email alerts and reminders, document storage and assembly. A library of customizable questionnaires, letters and email templates included. Online access for clients to check case status included. Compliancy modules: I9, LCA, AR 11, PERM. Optional services: credit card processing, Outlook & QuickBooks integration. One-time data entry and auto population into all documents will save you time and reduce errors. Customizable to support solo practitioners, mid-large law firms & corporations. We teach you how to customize the software to fit your processes and communication needs. Founded in 1999, INSZoom is a profitable, financially sound company, employing 100+ engineers, sales, and support staff. INSZoom is ISO 27001:2005 certified and the "world's largest immigration software company", built with flexible modules that allow you to manage and control technology. To schedule a complimentary online demo, call 925-244-0600 or email info@inszoom.com.


Headlines

In Enforcement Era, Communities Prepare For Raids
The training isn't aimed at helping anyone thwart arrest, but rather what to do to prepare, from having identifying documents readily accessible to understanding the legal process once detained.

US Religious Leaders Demand Humane Immigration Reform
U.S. religious leaders and members of Congress on Wednesday announced a campaign supported by hundreds of religious organizations around the country to ask the new administration this year to get started on a "humane reform" of the country's immigration policy.

Lawyer Is Convicted Of Fabricating Asylum Files
A Silver Spring lawyer was convicted in federal court yesterday on charges of fabricating asylum applications for immigrants trying to stay in the United States.

Attorneys Needed To Help Respond To Immigration Raids
A new partnership in San Francisco is setting up a rapid response network of immigration attorneys to help immigrants in that situation.


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.

New Appointment
DHS Secretary Janet Napolitano announced her appointment of Dora Schriro as her Special Advisor on Immigration and Customs Enforcement (ICE) and Detention & Removal. This new position is created to focus exclusively on the significant growth in immigration detention over the last five years, and to focus on the arrest priorities at ICE. For more info see: http://www.dhs.gov/ynews/releases/pr_1233777219314.shtm


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:
Maura Freedman's letter (02/12/09 ID) describes the hardships and suffering of a family made up entirely of US citizens living here after the father and breadwinner, an EWI, was deported back to his native country somewhere "south of here". There must be millions of similar cases. No one seriously believes that we would have such harsh laws, breaking up the families of millions of US citizens, if the offending EWI non-citizens came from "north of here" instead. Nor does anyone think for a moment that more than sixty people (or is it now more than eighty? - I have lost track) would have died from medical neglect in immigration jails, some of them suffering from untreated cancer or other deadly and painful diseases, if they had come from "north of here" instead of "south of here". In three simple words, Ms. Freedman's letter has summed up the root of almost everything that is wrong with our immigration system. Having said that, ranting against America in general, as in the case of RLM's letter (02/12/09 ID), is not exactly the way to bring about changes in our laws that anyone supporting immigrant rights would consider favorable. If Brazilian is beautiful, a statement that I would never disagree with, then the tone and the substance of RLM's letter do not seem to be very Brazilian. Despite my above comments about overly harsh enforcement, my letters should not be understood as being against all immigration enforcement or as stating that all illegal immigrants are welcome in the US. I am only suggesting that enforcement has to take reason, reality and humanity into account, instead of creating the appearance of being based, at least in part, on ethnicity or place of origin.

Roger Algase, Esq.
New York, NY

Dear Editor:
Contrary to the opinion expressed in Trivikram Krishnamurthy's letter (02/11/09 ID), INA 202(a)(2) does not discriminate against citizens from any country. The letter is misinterpreting that code section. In fact, the preceding code section, INA 202(a)(1), specifically prohibits discrimination in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence. The limits imposed by INA 202(a)(2) are even across the board for citizens of all countries. The only reason some countries are backed up on the Visa Bulletin is because while each country has an equal share in Visa Numbers, although each country is subject to the same numerical cap. Some countries are under-subscribed and others are over-subscribed, making the wait longer. The Visa Bulletin is a complex and incomprehensible jumble of a combination of mathematical formulas and witchcraft. Nobody can figure it out and we leave that to the US Department of State, who is the keeper of the keys. I'm particularly offended at Ms. Krishnamurthy's letter's position that only foreigners should be allowed to comment on how gracious and accepting the American immigration system is. As I said previously, Americans understand the system is broken, but how it is broken may differ from the opinions of foreigners. It is up to Americans to fix the system without the prejudices and self-serving opinions of foreigners telling us how to do it, or telling us how we should or should not comment on it. Opinions are fine, but misinterpreting the law and attempting to muzzle a US citizen's First Amendment rights show either a basic ignorance, contempt for America and its system of laws, or simply an irresponsible disregard of reality. I wonder, is that self-congratulatory enough?

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
The immigration debate here is about whether or not we can impose restrictions to discourage others to compete with us, while the very same standard wouldn't apply to our immigrant ancestors in the past or if we were in their same "shoes"? Or is it morally right and legal to establish labor and trade monopolies to satisfy the few while limiting consumers rights to shop for better deals for their money? Many Americans don't realize that our "blessings" are actually by the mercy of foreigners that fund our debts and consumerism and still have such a faith in our currency. Other nations must learn hard to balance their check books and listen to the IMF and World Bank to be bailed out from their economy crisis, but it won't happen to us who sit on 11 trillion debt and counting. Our xenophobia has shut the golden door that bring wealthy foreigners who are tired of being insulted by so much harrasments and hassles to obtain visiting visas for genuine vacation and business purposes in our country to spend their money in Orlando or Las Vegas.Protectionism breed same or worse protectionism and retaliation. Brazilians finger print and photograph only American visitors and require Americans to obtain visas and pay $ 100 fee to get one, so do Chinese. It's time for us to end this endless childish debate and grow up as adults. We live in a global village and there are no guarantee that our life can be free of competition and pain and expect our government to be our nannies.

Robert Yang


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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