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Immigration Daily

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Immigration Daily March 13, 2007
Previous Issues
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No News Is Good News

Some may feel that comprehensive immigration reform (CIR) is dead in the water because even though Congress is under Democratic control, no actual language is available for a bill. Moreover, some newspapers have already written obituaries on immigration reform this year. But Immigration Daily believes that no news is good news in this case. The give and take that normally occurs on the Senate and House floor and in conference, is now taking place behind closed doors because of the unique politics surrounding CIR. There is good reason to believe that the CIR language will finally be introduced on the Senate floor within 2 weeks or less.

What will the CIR language look like? CIR begins with S. 2611 (the McCain-Kennedy bill) which cleared the Senate last year, with the following changes: the Martinez-Hagel compromise (5-year residency requirement for benefits) removed, with the Pence-Hutchinson concept (return to home country before legalization eligibility) added, plus a new twist consisting of both (1) a delay in legalization benefits kicking in until a few years of enforcement have elapsed and (2) an immediate temporary status without portability or travel pending final adjudication of legalization (details on the twist will appear as our next issue's Featured Article). In all, the total number of beneficiaries will be about 10 million. To put that number in perspective, the total number of 245(i) beneficiaries from 1994 to date has been less than 1 million. To call the coming CIR language historic is an understatement.

Pro-immigration activists should ensure that the "antis" do not dominate our national conversation on immigration. We realize that the H-1B cap is weighing heaviliy on law firms' schedules. However, March and early April provide a rare window of influence for the immigration bar to speak up and be counted in the immigration debate. Stay tuned to Immigration Daily for the latest on CIR.

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!


Permanent Portability In Removal Returns To The 4th Circuit: What Is Next For Perez-Vargas?
Rmulo E. Guevara and Tiffany V. Biason write "What will happen to permanent portability in removal proceedings in the rest of the country remains to be seen."


USCIS Announces Guatemala Adoptions Email Is Down
USCIS announced that the special e-mail account for inquires regarding "Guatemala Adoptions" has been experiencing technical difficulties since March 2.

USCIS Issues Guatemala Adoption Update
USCIS and the Department of State strongly caution American prospective adoptive parents contemplating pursuing adoptions in Guatemala to carefully consider their options at this time.


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

Case Management Technology
Judge an immigration management system (IMS) by: (1) what it empowers you to do (2) what its customers say (3) its track record. 1. What you can do - manage client relationships - optimize your operations - assemble documents automatically from a database - share calendars, notes, alerts, and reminders - work anytime, anywhere with Microsoft Office alongside your IMS and more. More, like tailoring an IMS to your needs. Others claim their packages are customizable, but you may need their technician plus hundreds of hours from your staff to get what Tracker gives you out-of-the-box. Mature yet flexible, Tracker lets you easily configure your ideal system. 2. What customers say - "Choosing ImmigrationTracker was a no brainer." -Steve Clark, Flynn & Clark "ImmigrationTracker is head and shoulders above the rest." - Bruce Larson, Mayo Clinic. 3. Track record - top law firms who license immigration management software, choose Tracker: 90% of practicing Past AILA Presidents, 86% of the 25 largest immigration firms (IndUS Business Journal, 2006), 75% percent of the AMLAW 200 (American Lawyer Media, 2006). Did others promise you the moon and deliver dusty cheese? Make up for lost time. Reserve your private Tracker demo. Call 1-888-466-8757 ext. 278 or email

Credential Evaluation And Translation
As the nation's leader in foreign credential evaluations and translations, American Evaluation and Translation Service, Inc. (AETS) provides the most competitive rates in the industry $50 educational evaluations, as well as $200 'expert opinion' work experience and position evaluations completed by PhD university professors who have the "authority to grant college level credit for work experience and/or training." AETS offers a variety of turn-around times, including same-day service for educational, work experience, and position evaluations. For list of rates and times, see: AETS also provides certified translations in 100+ languages, with translators that are specialists in 80+ fields. For a copy of the Application for Credential Evaluation and Translation Services, please contact AETS at (786) 276-8190, visit, or email:


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 Partner - Louisville, KY
Stoll Keenon Ogden PLLC in Louisville, KY is pleased to announce that Sheila Minihane has been named a member of the firm. Ms. Minihane earned her B.A. from Loyola University Chicago in History and Theology in 1995 and her J.D. from the University of Michigan Law School in 2000. Her practice is focused on employment-based immigration related to professional workers including international transferees, engineers, research scientists, university faculty, and nurses.

Immigration Event - San Francisco, CA
The Chair and the members of the San Francisco Immigrant Rights Commission cordially invite you to attend a special presentation on comprehensive immigration reform. For more information, please call Dang Pham at 415-554-7583. Monday, March 12, 2007 at 5pm. Public Hearing Room 416, San Francisco City Hall - 3rd Floor, One Dr. Carlton B. Goodlett Place, San Francisco, CA 94102.


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:
While some of Roger Algase's letters strike as being perhaps a bit one-sided in seeming to attribute all of America's immigration problems to racism, it seems to me that one of Mr. Prchal's recent letters (03/09/07 ID) risks going to the other extreme, arguing in effect that Americans are all much too good people to be prejudiced. For example, laws barring Chinese immigrants on racial grounds were enacted as long ago as the 1880's and racially based immigration quotas were not abolished until 1965. Almost every immmigrant group in this country has been the victim of ethnic prejudice at one time or another. Can we really say that these attitudes have disappeared for good? Not, I am afraid, when one watches Lou Dobbs or read the oevre of Hon. Tom Tancredo or of Harvard Professor Samuel Huntington about the impending "breakup" of America due to the presence of "too many" speakers of Spanish (not to mention Hindi, Korean, Chinese, etc.) in our midst. Moreover, it is Mr. Prchal's letter (03/12/07 ID), not Mr. Algase's (03/08/07 ID), that appears to have misunderstood Peter Griswold's letter's proposal (03/06/07 ID) for prisons to hold Mexican citizens currently in US jails. As I read it, Mr. Griswold's letter clearly advocated building the prisons in Mexico, as Mr. Algase's letter correctly states. Finally, I should be interested in learning more about how the use of the term "demagoguery" in Mr. Prchal's March 12 letter to describe Mr. Algase's views is consistent with the just reiterated ID policy against personal attacks in its letters section.

Zheng Yi
Indianapolis, IN

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