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Immigration Daily

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Immigration Daily January 5, 2007
Previous Issues
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Justice For All

The backlog of the Circuit courts is the result of both Administrative actions and Congressional legislation. Then Attorney General Ashcroft's "affirmance without opinion" (AWO) procedures led to the rubberstamping of improper IJ decisions. Further, Congress's elimination of the jurisdiction of the district courts forced Circuit courts to conduct fact finding instead of legal analysis. Fortunately, Attorney General Gonzales has taken the first step to a solution by expanding the BIA. We urge further actions be taken by the Executive Branch by eliminating or reducing AWO so that the quality of administrative decisions improves. It is now up to Congress to listen to the courts' pleas, most recently evidenced in Kim v. Gonzales, No. 05-2462 (1st Cir. Nov. 16, 2006):

"It is not the business of the courts to tell Congress what to do about public policy choices, but we are entitled to warn when the machinery that we help administer is breaking down. The current structure of deportation law, greatly complicated by rapid amendments and loop-hole plugging, is now something closer to a many-layered archeological dig than a rational construct. The regime is badly in need of an overhaul."
The alleviation of this undue burden on the Circuit courts affects justice for all matters litigated, not just immigration. Congress can improve matters significantly by once again bringing district courts with their fact finding apparatus back in the process.

We welcome readers to share their opinion and ideas with us by writing to


Technology Immigration: Update From The Trenches

The curriculum for the Phone Session on Jan 11, 2007 of the "Technology Immigration: Update From The Trenches" seminar is as follows:

Issues Important to Larger Employers

  • I-9 Compliance
  • Centralized VS Decentralized Control
  • Corporate Reorganizations, Mergers and Acquisitions, Successor in Interest Concept
  • Lay Off of US Workers
  • Portability Within Company
The deadline to sign up is Tuesday, January 9th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


Select Images Of Immigration History
Michele Kim shares some immigration-related photographs from the 1800-1900s.


1st Circuit Says Removal Law Badly Needs Overhaul
In Kim v. Gonzales, No. 05-2462 (1st Cir. Nov. 16, 2006), the court said that "It is not the business of the courts to tell Congress what to do about public policy choices, but we are entitled to warn when the machinery that we help administer is breaking down. The current structure of deportation law, greatly complicated by rapid amendments and loop-hole plugging, is now something closer to a many-layered archeological dig than a rational construct. The regime is badly in need of an overhaul."


Help Wanted: Immigration Attorneys
Fragomen, Del Rey, Bernsen & Loewy, LLP seeks three mid-level associates to join its research and policy group in its New York and Washington, DC offices. The NY position requires 3-5+ years of business immigration experience, a proven track record as writer on immigration issues, and the ability to work under pressure. The DC positions require 3-5+ years of business immigration experience, policy analysis background, excellent writing skills, and knowledge of legislative and regulatory process. Experience on Capitol Hill, in an immigration agency, or with an advocacy/policy organization a strong plus. Superior academic credentials, excellent verbal, written, and interpersonal skills required. EOE. Please submit cover letter, resume, law school transcript, and writing sample to: Jacqueline V. Guynn, Esq. Recruiting Manager, Fragomen, Del Rey, Bernsen & Loewy, LLP, 99 Wood Avenue South, 10th Floor, Iselin, NJ 08830.

Back Office Services
We offer a wide range of back-office & clerical support services to immigration attorneys in NIV and IVs, including managing checklists, form completion, drafting cover/employer letters, consular processing assistance, follow-up/correspondence with clients and other related services. Our services cover document generation, data entry, accounts, scheduling/calendaring, clerical & archival. Adnet Services, Inc. Headquartered in New York City, Adnet Services provides the highest quality services to law firms enabling them to cost effectively and securely outsource law firm back office processes, and focus on increasing earning, growth and servicing their clients. We work as your partner offering tailored services that accelerate product delivery. With state-of-the-art communication facilities and infrastructure, our offsite center functions as a virtual extension of your office providing 24 x 7 support and significant cost savings. Convenient billing options are available. For more info. Contact Johaina Mumtaz at or call 212 406-3503 ext 224.

PERM Services
Adnet Advertising Agency Inc. has provided labor certification advertising services to immigration attorneys since 1992. Adnet helps attorneys find appropriate places to run labor cert ads, places the ads, obtains the tearsheets, and offers a variety of billing options. Attorneys can manage the entire ad process through Adnet's secure web-based Ad-managment system. Most of Adnet's services are free since we receive a commission from the newspapers and journals where the ad is placed. Adnet services large international law firms as well as solo practice attorneys. Call us at 212-587-3164, visit, or email us at Contact us today to find out why we are the ad agency of choice for immigration attorneys since 1992.


Readers can share their professional announcements (100-words or fewer at no charge), email: 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, D.C.
Illegal Migration from Mexico to the US. January 8, 2007, 1-3pm. American Enterprise Institute (AEI), 1150 17th Street, N.W., Washington, D.C. Presenter: Gordon H. Hanson, University of California, San Diego Please join AEI as Professor Hanson addresses the economic and social factors that influence the flow of illegal migrants from Mexico. Contact: Cindy Soo at RSVP: .


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:
The following came up a few years ago at a walk-in pro bono legal clinic. (Male clients, early 20's, inquired about selective service papers mailed to them ... if registration was required despite EWI status [entry without inspection], illegally living and working in the US. They were advised that they were required to register for the selective service. This may not be precisely the issue up for discussion in ID, but if so, the following should be relevant in answering the inquiry on status and registration: The cited paragraph (below) lists illegal aliens within the list of men (in the designated age group), required by law to register for the selective service. Selective Service law as it's written now refers specifically to "male persons" in stating who must register and who would be drafted. "Non-citizens - Some non-citizens are required to register. Others are not. Noncitizens who are not required to register with Selective Service include men who are in the U.S. on student or visitor visas, and men who are part of a diplomatic or trade mission and their families. Almost all other male noncitizens are required to register, including illegal aliens, legal permanent residents, and refugees. The general rule is that if a male noncitizen takes up residency in the U.S. before his 26th birthday, he must register with Selective Service. (emphasis added) Source: Selective Service Systems, Fast Facts.

E.C.S., Esq.
Minneapolis, MN

Dear Editor:
Happy new 2007 year, I wish to all people of your equip to have a plenty of proffessional success, to be happy in a personal life, to be healthy.

Evelyna Gueorguieva
Sofia, Bulgaria

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 1995-2007 American Immigration LLC, ILW.COM. Send correspondence and articles to 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