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Immigration Daily

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Immigration Daily March 12, 2007
Previous Issues
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Updated Letters To The Editor Policy

  • We welcome letters which raise issues of general interest to the community dealing with issues of immigration law. We do not publish letters seeking solutions to specific cases, unless they are of exceptional interest. We are proud to provide a forum for communication to the immigration law community.
  • Vigorous and spirited debate in the press about issues of importance is part of the American tradition. We are not biased for or against any letter based on the opinion of its author. We recognize that feelings on immigration are spread across the spectrum from passionately for to passionately against. We remind letter writers to direct their criticism to a letter's viewpoints, rather than the letter writer. Letters will be edited in instances where the person rather than the viewpoint is discussed. We will not publish certain letters including those with obvious factual inaccuracies, barnyard language, one-sentence letters, etc.
  • We will accept letters signed with any name, including pen names and pseudonyms. However, we also accept anonymous letters, and withhold names of senders when requested. (The Federalist Papers were originally published under a nom-de-plume.)
  • In the interests of readability, we request our correspondents to write within the limit of 300 words, lengthier contributions will be either cut off at the word limit or excerpted. Links (external and internal) in letters to the Editor are also omitted. The strict deadlines of daily publication do not permit us to check for typos.
  • We do not usually respond to letters to the Editor, unless the letter concerns logistical issues or brings up a factual error that we have committed. Immigration Daily's silence in response to a particular letter or issue does not imply consent.
  • Letters have to be individually addressed to to be considered for publication, mass mailing list emails will not ordinarily qualify for publication.
  • Our readers can contribute content to Immigration Daily through letters, but also through information submitted to us (e.g. agency correspondence, substantive analysis, etc.) which may be reproduced either as letters or as items or as articles, depending on the specifics. We will always acknowledge the sender of the information.

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


Fighting Crime: A Workshop For Immigration Lawyers

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". This workshop features the following distinguished panelists: Matthew L. Guadagno, Dan Kesselbrenner, Peter Markowitz, Angelo A. Paparelli, Sunita Patel, Judy Rabinovitz, Laura Kelsey Rhodes and Manny Vargas.

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 $100 if you register by the deadline of March 19th! Don't delay, sign up today!


Would History Repeat Itself?
Gregory Siskind writes "Every once in a while a historical event is back in the news and it reminds you how our world today is still shaped by the past and how the same mistakes are repeated over and over again."

The Foreign Born In The Armed Services
Laura Barker and Jeanne Batalova write "The current presence of the foreign born in the military is consistent with previous periods of large-scale immigration."


USCIS Releases Bispecialization Filing Charts
USCIS released a filing chart providing the direct filing addresses for Form I-129 and Form I-539, which become effective April 2, 2007.


Help Wanted: Immigration Paralegal
Houston, TX (Galleria area) - Law office of Judith G. Cooper, P.C. seeks legal assistant with experience in all aspects of employment-based immigrant and non-immigrant law. Candidate should have excellent computer, writing, case management and interpersonal skills. Send resume to Administrator by fax: (713)-622-8078 or e-mail

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. Please email resume + cover letter in MS Word format to Marcia N. Needleman, Esq. at

Help Wanted: Immigration Attorney
San Francisco, CA - USCIS Office of Chief Counsel (OCC) seeks experienced attorney for the position of Associate Regional Counsel, 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, and have at least two (2) years of post JD experience. Applicants must submit resume + writing sample not to exceed 10 pages. Send cover letter, resume, + writing sample to All submissions must be received by close of business Tuesday, March, 6, 2007. GS14-GS15 levels and is open until filled. No relocation reimbursement available. For more info, key in Job Announcement Number: CIS-COU-2007-0002 at

Help Wanted: Immigration Attorney
Chicago, IL - Laner Muchin, one of the nation's oldest labor law firms, seeks experienced immigration attorney with significant employment-based immigration experience, including PERM labor certifications. Laner Muchin successfully recruits quality candidates on a national basis. We provide opportunities to handle challenging responsibilities and exciting projects; have highly competitive salaries and benefits; informal, unpretentious office atmosphere; and demonstrate an excellent record of elevating associates to partnership. Position requires excellent academic credentials, 3+ years substantial experience in all aspects of employment-based immigration and strong case management, communication and writing skills. Spanish, Japanese, Chinese, Korean and/or other foreign language fluency a plus. Ideal candidate must be client-service focused and thrive in a challenging and fast-paced environment of congeniality and respect. Only qualified candidates will be considered. E-mail cover letter + resume to We are an affirmative action/equal employment opportunity employer. Women and minorities encouraged to apply.

Help Wanted: Immigration Paralegals
Chicago, IL - Laner Muchin, one of the nation's oldest labor law firms, has openings for full-time U.S. immigration paralegals. As part of our philosophy of providing cost effective counsel, whenever legal tasks can be done by a paralegal, the client benefits. Our paralegals have the opportunity to contribute to a growing immigration practice and do challenging work. Ideal candidates must have 1+ years of substantial experience in employment-based immigration, including substantial PERM labor certification experience. Successful candidates must be highly motivated, detailed-oriented and have outstanding communication, case management, computer and people skills. College degree required. Chinese, Korean, Japanese and/or other foreign language fluency a plus. Competitive compensation package + excellent benefits offered. E-mail cover letter and resume to We are an affirmative action/equal employment opportunity employer. Women and minorities are encouraged to apply.

Case Management Technology
Are you ready for the new changes in immigration? See why we have 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. INSZoom's case management system is 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 and now employs 70 engineers and 11 sales and support staff. INSZoom is 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

Immigration Law Certificate
Master the complex and ever changing maze of immigration policies and regulations with the Immigration Law Studies Certificate Program offered by CUNY's School of Professional Studies. This graduate-level certificate program, consisting of (3) three-credit classes, offers students who complete it a comprehensive understanding of the laws, regulations, and processes surrounding the status of immigrants in the US, including family and employment-based immigration and deportation defense. It is designed for individuals working in law firms, companies, government agencies and nonprofit organizations where they interact with immigrants and immigrant legal concerns on a regular basis and would therefore benefit from greater knowledge of the laws and regulations surrounding immigration. Beginning this spring, the program is also being offered online. For more information on class schedules, tuition and fees, course applications and to register, see here.


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 Offices - Oakland, CA
The Law Office of Scott A. Mossman has moved to a new address. We are now at 1611 Telegraph Ave, Suite 1100, Oakland CA 94612. Our phone and fax numbers remain 510-835-1115 and 510-835-1116, respectively. You may find directions to our new office at Although we now share a suite with four criminal defense attorneys, the focus of our practice remains appellate representation in immigration, citizenship, and removal matters.

Immigration Event - San Francisco, CA
Internationally Recruited Nurses: Creating Positive Practice Environments, March 19-20, 2007, San Francisco. This conference focuses on strategies that create a positive work environment and facilitate the successful integration of internationally recruited nurses into the health care team and provides a better understanding of the immigration processes related to internationally recruited nurses. Co-sponsored by the American Nurses Association and the International Centre on Nurse Migration. For details, see here. For the registration form, see here. ILW.COM is pleased to be a media sponsor for this event.


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:
Once again I want to congratulate Immigration Daily for the very critical role it plays in keeping the US immigration community informed on fast-moving news events. ID's reports on the recent law suits regarding collection of money from sponsors who signed I-864 affidavits by the State of Connecticut (see 03/08/07 and 03/09/07 ID)) is a perfect example. There is no other site that covers a wide range of important issues. Had I not setup ILW.COM as my home page, this interesting and important news item would not have come to my attention.

Joel Stewart, Esq.
Miami, FL

Dear Editor:
Honza Prchal's apology in his letter (03/09/07 ID) is accepted and appreciated. However, I only wish that America was as free from anti-immigrant racism as his letter appears to believe. Unfortunately, anyone who knows anything about our immigration history, about the history of Hispanic and other minority immigrants in this country, or who listens to the vicious media attacks against "illegal immigrants", now used mainly as a code word for Hispanics, can be forgiven for having a very different impression.

Roger Algase, Esq.
New York, NY

Dear Editor:
Peter Griswold's letter's (03/06/07 ID) possibly tongue-in-cheek proposal that Americans send "Mexican citizens in US prisons", that is those in the "penal" system, is transformed by Roger Algase's letter (03/08/07 ID) into a proposal that Mexico hold under guard anyone being held in our immigration system's administrative detention system. People in the normal prison population are only "trying to feed their families and seeking a better life" by mafia-like activities, robbery, burglary or some other form of theft. By throwing in some gratuitous references to Halliburton (it is as gratuitous as referring to the company as George Soros' latest plaything) secret "black hole" like prisons (I've had relatives disappear into the real thing - the worst immigration paperwork nightmare does not compare) and disappearances, Mr. Algase's letter is either missing the point or demagogy. Based on past performance, I fear Mr. Algase's letter was demagoging. And Mr. Murray in his letter (03/08/07 ID) wonders why my letters are "snide and cruel" against letter writers from my own side of the immigration debate. Sorry, but I pray to God to give us all strength and convert the heathen as it is only through Him that we might have a productive discussion of immigration policy that identifies issues and addresses them.

Honza Prchal, Esq.

Dear Editor:
In response to David Murray's letter (03/02/07 ID), I am really not at all shocked that the letter states that there's only feeling behind what I have stated in my earlier letter (03/01/07 ID), I just would like to say that I have personal knowledge of both incident's and court documentation to back it up. Just because one is educated in the way the law should work doesn't meant that is how it works, That my friend is naivete and that my friend is what should be left at home. Emotion would be just fine if it helped to sway a judge in one's decision so one should not presume that because someone is on the opposing side that they do not have knowledge of what they are talking about. If one doesn't think that the laws in our nation of laws sway unjustly represent two people on the same issue one with money the other without, who does one think will more then likely walk away better for the ware? Can one say O.J. Simpson?

Kim Bilyou

Dear Editor:
I am so tired of all these agencies giving US Taxpayer funds away (see 03/09/07 ID). When they promise to take care of those they sponsor, then make them do just that instead of using our tax dollars.

Lance A. Charles, Sr.

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