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Immigration Daily

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Immigration Daily February 22, 2007
Previous Issues
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Nurse Licensure Irregularities

The Commission on Graduates of Foreign Nursing Schools (CGFNS) issued a news release titled "CGFNS denies Visascreen(R) certificates for Philippine nurses who passed the compromised June 2006 Philippine licensure examination". CGFNS also issued another release on the same subject with further information. For an article on this issue, see here.

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


Lory Rosenberg On Crimes And Immigration

ILW.COM is pleased to announce an all-day, in-depth workshop, led by renowned scholar Lory Rosenberg, "Fighting Crime: A Workshop for Immigration Lawyers"

Immigration lawyers today, no matter the focus of their practice, increasingly are coming face-to-face with the dreaded word "CRIME." A valued client has been charged with a crime, or worse yet, a shamefaced client belatedly "remembers" that a criminal conviction rests in the closet. More and more often, federal authorities dismiss the option of a civil violation in favor of criminal prosecution. Immigration attorneys dread the word "crime" - not just because it may waylay even the best nonimmigrant or green-card strategy and mean escalated consequences for their clients. They dread it because it signifies work outside the immigration comfort zone, or perhaps beyond the lawyer's level of competence. So they face a painful dilemma: Refer the client and a lucrative matter to a more-experienced practitioner or jump into the deep water without a life vest. It doesn't matter if their practice is white- or blue-collar, family- or employment-based, immigration-court focused or service-center centric, most lawyers simply dread the "crime" word. They may have attended past seminars on the immigration consequences of criminal convictions, but then Congress, the agencies and the courts keep changing the rules and interpretations. What worked before, now may be foreclosed or ineffective.

ILW.COM is pleased, therefore, to offer a cutting-edge solution. This full-day workshop, led by Lory D. Rosenberg, the lawyer who "wrote the book" on the subject (Thomson West's Immigration Law and Crimes), along with leading immigration and criminal-defense lawyers, will offer the latest developments and best practices that immigration lawyers need to assist foreign citizens accused or convicted of criminal conduct preserve all available immigration benefits. Lunch will be accompanied by remarks from Angelo Paparelli, who will share his knowledge and expertise in assisting employers with compliance issues, and the increasing use of RICO criminal statutes in enforcement.

Session I - 9:00-10:30a:
Panel 1: Gotcha - Understanding Apprehension and Removal

  • Concepts and acronyms used by DHS and in immigration court
  • Apprehensions and standards for release from detention
  • Expedited removal and removal proceedings
  • Crime-related grounds of inadmissibility and deportability
  • Defining "conviction" and "sentence" in the immigration context
  • Good moral character standard
Panel 2: Locked Up - Special Detention and Custody Challenges
  • "Arriving aliens"
  • Mandatory detainees
  • Release and revocation standards
  • Prolonged post-removal confinement
  • Appeal and habeas corpus procedures
Session II - 10:45a-12:15p
Guilty As Charged - Understanding Immigration Consequences
  • Interpreting consequences: categorical analysis under Taylor v. United States; record of conviction under Shepard v. United States
  • Assessing a "crime of moral turpitude" based on intent and other statutory elements in DUI, larceny, assault, domestic violence
  • Defending "crimes of violence" under Leocal v. Ashcroft
  • Defeating drug trafficking charges based on misdemeanor controlled substance possession after Lopez v. Gonzales
  • Avoiding aiding and abetting under Gonzales v. Duenas-Alvarez - underlying offenses and helping crimes
  • Accounting for sentencing factors; effect on inadmissibility, good moral character, and eligibility for relief from removal
12:15-1:45p - Luncheon Speaker: Angelo A. Paparelli

Session III - 1:45-3:00p

  • Delicate Handling - Plea Options Before and After Conviction
  • Working with criminal defense counsel - before conviction: researching state interpretations; plea and sentence options, avoiding colloquies, pre-sentence report; contents of the record
  • Disclosures on DHS petitions and applications, and to DOS
  • Disclosures in naturalization application
  • Working with criminal defense counsel - after conviction:
  • Vacation of conviction standards
  • Sentence modification
  • Motions in removal proceedings and appeals
  • Disclosure at port of entry and effect on re-entry
Session IV - 3:15-5:00p
  • Pleasing the Court
  • Critical evidentiary and procedural issues before the Immigration Judge and the BIA: burden of proof, suppression, termination, motions to reopen or remand, scope of discretion
  • Exhaustion of administrative remedies
  • Anticipating appeal at the BIA and in federal court
  • Final Impact - Preclusion, Discretionary Relief and Naturalization
  • Statutory eligibility standards for asylum, withholding of removal, cancellation of removal and naturalization
  • Effect of good moral character Preclusion on VAWA, cancellation and naturalization eligibility
  • Freestanding 212(h) waiver for inadmissible returning residents
  • "Particularly serious crime" standard for withholding of removal and asylum adjustment; violent crime standards under INA 212(h)
  • Discretionary decisions
  • Consideration of charges or convictions
  • Rehabilitation
  • Fifth Amendment rights
To register and for more info on the speakers, location, materials and testimonials, visit: Online
Fax form Save $200 if you register by the early bird deadline of February 28th! Don't delay, sign up today!


Second Circuit Provides More Grounds For Non-citizens To Reopen And Rescind In Absentia Removal Orders For Lack Of Notice
Cristina M. Velez writes "Even where Motions to Reopen were previously denied by the IJ or BIA, the cases discussed in this article may provide a basis for seeking sua sponte reopening of a client's proceedings if the order of removal was entered in the jurisdiction of the Second Circuit."


CRS Report on Border Security
CRS issued and updated report titled "Border Security: Barriers Along the U.S. International Border".


Help Wanted: Immigration Attorneys
Iselin, NJ - Fragomen, Del Rey, Bernsen & Loewy, LLP, the leading global immigration law firm, seeks associates, with 3+ years of business immigration experience and an interest in Global and International Immigration and Case Management, to work in its International Operations. Candidates must have experience representing multinational corporations (US and foreign), specialized workers and individuals. Must be ambitious and capable of demonstrating excellence in a congenial team environment. Outstanding academic credentials, superlative communication and writing skills are a prerequisite. Multilingual preferred. Fragomen offers a competitive salary and an excellent benefits package. Please send cover letter, resume, law school transcript, + writing sample to EOE.

Help Wanted: Immigration Attorney
Arlington, VA - Small, collegial immigration law firm seeks qualified attorney with 2 years+ of solid immigration experience in all phases of immigration practice emphasizing business needs such as H's, L's and labor certifications. Excellent compensation package and competitive benefits offered. Opportunity for partnership within two years of serving as an associate. Candidate must be enthusiastic and possess excellent communication skills (verbal and written). Individual must be a go-getter with the ability to bring in business. Ideal candidate is an individual imbued with professionalism and tempered with compassion. Interested candidates, send resume to Samuel Levine:

Help Wanted: Immigration Professional
Natick, MA - The MathWorks is the leading developer and supplier of software for technical computing and Model-Based Design. Employing more than 1,400 people, The MathWorks was founded in 1984. The company has been profitable every year since its inception and is privately held. We are currently recruiting for an Immigration Specialist. The Immigration Specialisht will oversee our immigration programs and will have the oppportunity to participate in recruiting related programs. Successful candidate will have: proficiency in Microsoft Windows products, 3 yrs. of relevant work experience in immigration or human resources, strong knowledge of immigration law and overall immigration practices, experience managing immigration practices including H-1Bs, F-1s, green cards, etc. For job details (#4736-DC), see here. Interested applicants, send your resume to

Help Wanted: Immigration Paralegal
Lead business immigration paralegal wanted for Stamford, CT law firm. Salary commensurate with abilities. Full benefits offered, collegial environment. Must be fully versed in PERM and employment-based visa petitions. Send resume and cover letter 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 Marcia Needleman:

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.

New Attorney - Toronto, Canada
Egan, LLP is pleased to announce that Leena Snellman recently joined our firm as an associate attorney. A graduate of the University of Virginia School of Law, Ms. Snellman has been practising employment and family based U.S. immigration law for over four years. She is fluent in Finnish. Egan, LLP, allied with Ernst & Young LLP represents clients in U.S. and Canadian immigration matters, as well as offering coordinated Global Business Immigration Services.


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:
3 letters (ID 2/19/07) singing the same litany of complaints about immigrants bla bla bla. We shut the border, deport all illegals, put trade barriers on imports and shield Americans from foreign competition. The results are higher prices on everything such as USD 3000 for a laptop instead of USD 800, USD 20 for a lunch meal at Mc D instead of USD 6. Will these whining babies be happy to pay for them? And then US companies start to use robots and automated machines to replace these whining babies also because they can't afford to pay their USD 30/hour plus benefits. And what next these whining babies want to write their lawmakers? Make using robots and automated machines or computers illegal since they steal their jobs, work harder for less and never complaint? Please folks, get real in the world of reality. Competition is anywhere, locally, domestically and globally. Yes, we can be die hard protectionists and so other nations in this planet. They can boycott US products and services by imposing duties and taxes as well and even worse dumping USD in favor of Euro, Chinese Yuan or Mexican Pesos and make us realize that no more printing easy money to buy anything and run irresponsible budget deficit.

robert yang

Dear Editor:
Putting it kindly, ID's idea about "voting rights for aliens" (ID 02/21/07) is about the lamest idea I have ever heard in my life. In fact, it is so lame, it does not even warrant a rebuttal, except to say that comparing aliens voting rights to "no taxation without representation" totally misconstrues the intents and the purposes of the Founding Fathers.

David D. Murray, Esq.,
Newport Beach, CA

Dear Editor:
I agree with the sentiments and resolve of Aetna Thompson, Esq. (ID 02/21/07) and I have been a staunch democrat for 65 yrs

Richard E. Baer

Dear Editor:
However much it might comfort Roger Algase's letter to assume (ID 02/21/07) that most people opposed to illegal immigration are ethnically pure Aryans, it just ain't so. Anglos are among the voters most likely to be found loudly proclaiming their superiority to their fellow man by championing the cause of "the undocumented". In contrast, "people of color", and people who have themselves or whose recent ancestors have immigrated, generally legally, are appalled at the lawbreaking going on in illegal entries and overstays even if we do tend to view our dysfunctional mishmash of immigration rules with a good deal of cynicism and may even wish we would let more people in (though generally those of us who are more successful and have less to fear from labor competition do so, while those less secure in their career prospects do not). Since Mr. Algase likely understands ILW.COM, one wonders what the point of his screed against the lame duck President and white "ethnic cleansers" who not "care about our democracy" really was? I suppose letters to the editor are cheaper than therapy. As the former citizen of not one, but two officially bi-lingual states (one no longer exists thanks to the ethnic spoils process engendered by state run bilingualism), I can state with confidence that one need not be a "white supremacist" to fear official bilingualism.

Honza Prchal
Birmingham, AL

Dear Editor:
As a postscript to my article (ID 02/21/07), my learned colleague Susan McFadden in London made the excellent suggestion that fees for I-130 immediate relative petitions and N-400 naturalization applications be made tax deductible. I concur heartily. The government should encourage, not tax, this kind of behaviour which promotes family unity and reflects a deep commitment to this nation and the ideal of citizenship. Susan's insight goes beyond dollars to reflect the deep understanding that, as immigration becomes increasingly important, non-immigration laws can be used in a way to promote immigration objectives so that both our country and those who seek to be a part of it can realize, in full measure, the true promise of American life.

Gary E. Endelman, Esq.
Houston, Texas

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