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Immigration Daily

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Immigration Daily July 29, 2008
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The Mills Of God

Two events of note occurred today.

In the first event, US v. Ramos (No. 06-51489, 5th Circuit, July 28, 2008), better known as the Ramos and Compean case, the 5th circuit put the kibosh on efforts by the anti-immigrationists to defend criminals in the uniform of the Border Patrol (the convicted Border Patrol agents Ramos and Compean had argued that they had shot at a fleeing drug smuggler in self defense). The court said "Although disputed, the evidence, taken in the light most favorable to the jury verdict, supports the scenario that [a drug smuggler] fled toward the Mexican border after Compean took a swing at him with his shotgun and that, while he was in flight, the defendants without provocation fired their weapons at him several times." The court noted that "The jury was the fact-finder. The jury heard all of the evidence. The jury returned the verdict. The jury did not believe the Border Patrol agents. It convicted them. The government's evidence, if believed, is sufficient to uphold the convictions. And that is pretty close to the bottom line on guilt or innocence of these agents."

The rule of law has been upheld by the 5th circuit. All those who propound the rule of law should rally behind the court's order. Since the anti-immigrationists repeatedly and loudly proclaim their support for law and order, one would expect them to support the 5th circuit's action. However, as we have long argued, the anti-immigrationists purported support for law and order is only a fig leaf for their real motivation. Their real motivation is, and has always been, bigotry. In the eyes of the anti-immigrationists, when bigotry clashes with law, the law must yield. We will therefore not be surprised if they attack the 5th circuit's order. The anti-immigrationists do not trust trials by jury, they would much prefer trial by diktat. However, today, in the 5th circuit, the antis lost their case (see case below).

In the second event, The Office of Professional Responsibility at DOJ issued a report (see report below), on its Investigation Of Politicized Hiring By The Office Of The Attorney General (i.e. by key aides to the AG), saying: "Kyle Sampson, Jan Williams, and Monica Goodling each violated Department of Justice policy and federal law by considering political or ideological affiliations in soliciting and evaluating candidates for IJs, which are Schedule A career positions, not political appointments. Further, the evidence demonstrates that their violations were not isolated instances but were systematic in nature. The evidence demonstrates further that Goodling violated Department policy and federal law by considering political or ideological affiliations in selecting candidates for the BIA." This report confirms what a number of people have long suspected as to how things were done under the Ashcroft and Gonzalez eras at EOIR.

What does this report mean going forward (beyond possible charges against those who broke the law)? This report specifically mentions two IJs (Garry Malphrus and Mark Metcalf) who were appointed on political grounds despite the fact that they never applied for the jobs, nor were they interviewed by EOIR. Inasmuchas a system of justice must not only be impartial, but must be seen to be impartial, such systematic bias in selecting IJs and members of the BIA over several years cries out to be corrected. AG Mukasey's statement that he would "ensure that ... the conduct described in this report does not occur again at the Department" while a step in the right direction, is not enough, something more dramatic is needed. Perhaps Congress will consider moving EOIR into DHS in the future. Today, however, the DOJ's watchdogs stood up for the rule of the law.

Today's remarkable events attest to the truth of a well known epigram of Freiherr Friedrich von Logau (as translated by Longfellow) which says:

Though the mills of God grind slowly, yet they grind exceeding small;
Though with patience he stands waiting, with exactness grinds he all.

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


Family-Based Immigration: Nuts And Bolts

Our new book, Family-Based Immigration: Nuts & Bolts; Editor: Charles Wheeler of the Catholic Legal Immigration Network, Inc. (CLINIC) features:

++ Chapters: Immediate Relatives And The Preference System, Overview Of The Application Process For Permanent Residence, Adjustment Of Status, Consular Processing, Immigrating Through Marriage, Grounds Of Inadmissibility, Waivers Of Inadmissibility, Affidavit Of Support, Self-Petitions For Abused Spouses And Children, & Ethics

++ 35 Appendices include: Sample Request For Criminal History, Documenting I-130 Petitions, Sample Motion To Reinstate I-130, Consular Processing Instruction Package, Consular Processing Appointment Package, Suggested Evidence Of Bona Fide Marriage, I-601 Waiver Packet Based On INA 212(h) (Criminal Convictions), I-601 Waiver Packet Based On INA 212(i) (Fraud Or Misrepresentation), I-601 Waiver Packet Based On INA 212(a)(9) (B)(v) (Unlawful Presence), & I-212, Request For Permission To Reapply For Admission After Deportation

++ CD-ROM includes: relevant regulatory sections from 8 CFR, 22 CFR, etc., many forms from USCIS, DOS, SSA & IRS, significant statutory provisions, key BIA & Federal cases, selected USCIS memos, public health service documents, etc.

For more info on Family-Based Immigration: Nuts & Bolts, and to order, For the fax order form, see here.


Consular Corner: July 2008
Liam Schwartz writes "The hope is that these introductions will promote our understanding of the visa application process, and enhance our appreciation for the work performed by these officers."

Competition In The Prison Business
Charles H. Logan for the Foundation for Economic Education writes "A specter is haunting American corrections - the specter of free enterprise."

To submit an Article for consideration, write to


DOJ Investigation Of Politicized Hiring By The Office Of The Attorney General
The Office of the Inspector General of the DOJ released a report entitled, "An Investigation of Allegations of Politicized Hiring by Monica Goodling and Other Staff in the Office of the Attorney General," concluding that political considerations were taken into account in the hiring of immigration judges and BIA members, violating federal law and department policy.

Only A Jury Can Find Facts
In US v. Ramos (No. 06-51489, 5th Circuit, July 28, 2008), the court said: "The jury was the fact-finder. The jury heard all of the evidence. The jury returned the verdict. The jury did not believe the Border Patrol agents. It convicted them. The government's evidence, if believed, is sufficient to uphold the convictions. And that is pretty close to the bottom line on guilt or innocence of these agents."

USCIS Memo On Fee Refunds
Memo from Jonathan Scharfen, Acting Director, USCIS, to CIS Ombudsman Dougherty, responds to request for clarification of the "refund of fees" procedures.


Help Wanted: Immigration Paralegal
Los Angeles, CA - Stone & Grzegorek LLP, an immigration law firm in downtown LA, seeks an experienced Paralegal. Candidates should have 5+ years experience in immigration practice. The position requires attention to detail and a team work ethic. Stone & Grzegorek LLP offers work in a pleasant environment with a supportive team and excellent compensation and benefits plan. Please submit your resume to

Help Wanted: Immigration Attorney
San Bernardino, CA - USCIS Office of the Chief Counsel (OCC) seeks an experienced attorney for the position of Associate Regional Counsel, USCIS OCC, Western Region. Responsibilities include, but are not limited to, serving as an attorney providing on-site legal advice to the local District Office USCIS personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security, providing litigation support to U.S. Attorneys' Offices on cases arising from local District adjudications, consulting with USCIS; responding to inquiries from the private sector; providing legal opinions on cases involving criminal aliens; and preparing USCIS' brief to the BIA on visa petition appeals. J.D. degree, active bar membership, and 2+ years of post J.D. experience required. Immigration law experience, background in federal litigation, excellent academic record, and strong writing skills preferred. For full details enter COU-CIS-2008-0008 here. Applicants must submit (1) resume , (2) writing sample (10 pps. max), (3) references, (4) cover letter to All submissions must be received by close of business on August 8, 2008. GS-13/14/15, position open until filled. No relocation allowance offered.

Help Wanted: Immigration Attorney
Dallas, TX - USCIS Office of the Chief Counsel (OCC) seeks an experienced attorney for the position of Service Center Counsel at the Texas Service Center. Responsibilities include, but are not limited to, providing legal advice to the TSC personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security, writing visa appeal briefs and providing litigation support to the U.S. Attorney's office on cases arising from Service Center adjudications. Applicants must possess a J.D. degree, be an active member of the bar (any jurisdiction) and have at least one year of post J.D. experience and be a US citizen. Need to complete a background security investigation before being appointed. For full details enter COU-CIS-2008-0007 here. Applicants must submit (1) resume , (2) writing sample (10 pps. max), (3) references, (4) cover letter to All submissions must be received by close of business on August 8, 2008. GS-13-15, position open until filled. No relocation allowance offered.

Help Wanted: Immigration Paralegal
San Francisco, CA - Weaver Schlenger & Mazel, a nationally respected immigration law firm, seeks senior immigration paralegal. 4+ years of employment based immigration experience and excellent verbal, written and organizational skills required. Collegial atmosphere, 401k, health and dental. Opportunity to work directly with partners and train junior paralegal staff on sophisticated corporate and research institution cases. Send cover letter and resume to: or fax to: (415) 395-9372. No phone calls please.

Credential Evaluation
Specializing in difficult cases NOIDs, Denials, RFEs. Foreign credential education evaluation for I140 / H1b / Green Card etc. Career Consulting International ( For a Free detailed review of all NOIDS, Denials, or RFEs simply go to and fill out the short form. Then email or fax all documents to the email address or fax number on that page. This is a special page for difficult cases, RFEs, Denials, NOIDs, etc. We will get back to you within two days with a no charge analysis of your case. Read what our clients say. Here is just one: " ... At last we succeeded! My I140 was approved today. I really appreciate you on this. You did an Excellent Job. (with 3 year degree, EB2, Nebraska). No case too small. For a free consultation call today: 1.800.771.4723.

Border And Consular Assistance
For visa application processing at US-Canada border or at US Consulate in Montreal, Toronto, Ottawa and/or Quebec, please contact Charles J. Leamy at Ogilvy Renault LLP. Mr. Leamy is a Montreal-based AILA member with more than 15 years experience in U.S. immigration law. Ogilvy Renault s Business Immigration team will accompany your client and provide representation at border/consular posts. We have wide-ranging expertise with border/consular issues including all TN visas, L visas and waiver of inadmissibility cases. For more information: Charles J. Leamy at Ogilvy Renault LLP; Montreal, QC; (514) 847-6103;


Former DOJ Officials Brought Politics Into Hiring, Broke Law, Report Says
Goodling and others -- including D. Kyle Sampson, then chief of staff to Alberto Gonzales -- violated federal law and department policy by taking politics into consideration in the hiring of career Justice Department lawyers and immigration judges.

Gonzales Aides Used Politics in Hiring, Report Says
Aides to former U.S. Attorney General Alberto Gonzales violated federal law by improperly using political considerations when hiring career Justice Department lawyers and immigration judges, an agency report found.

A Growing Trend Of Leaving America
By some estimates 3 million citizens become expatriates a year, but most not for political reasons


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 Appointment
Thomas Esparza, Jr. Esq. has been reappointed to the Austin Commission on Immigration Affairs where he currently serves as Chair. also serves on the Executive Committtee for the Immigrant Services Network of Austin; a network of immigrant service provider stakeholders from throughout the city. Thomas Esparza, Jr., 1811 South First Street, Austin, Texas 78704,


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:
I am very pleased to be an ILW.COM subscriber, My humble practice is limited to help people in Mexico apply for NIV B1/B2, J1, C1/D Visas for the most part. Yet, I feel obliged to learn whats going on in the US regarding immigration issues. I find Immigration Daily a valuable tool to stay current in this most important topic. We all hope that this nightmare the US is going thru will finally come to an end, and America will be America again. The welcoming country, that has embraced immigrants from all over the globe, that has produced great talents, athletes, scientists, artists, etc. With what I read and learn now I feel sad that this is actually happening in America, The prosecution of dish washers, meat plant workers, kichen workers, agricultural workers, that are treated like criminals,definitely makes me sad. ICE has done good at capturing dangerous criminals, has got rid of gang members, mafia members etc. But has no distinction when dealing with poor no-harm people. Indeed they are illegals and yet they have rights, unfortunately many are illiterate and so an easy target for ICE. Their only sin is to seek for a job that could not be found in their countries, still with their work they produce wealth to this country, even if they could become a burden when services for them are needed. But have paid with their work for this and much more. You People in America do something! Don't wait for political reasons to solve a human problem, look back in your roots and act now! Make America a good country to live in, stop the injustice at once. Show the World what America is capable of. Or, is it that the biggest democracy of the world is tumbling down?

Victor Gomez Llanos

Dear Editor:
A little while ago I told you that I applied for Citizenship in February 2007 and still did not have my interview after 17 month. I have been a Legal Resident for 28 years and I am 74 years old. What is the holdup? Yesterday I got notified to come for fingerprinting again because my fingerprint card expired. I am spending the summer with my daughter in Canada. That means I have to travel about 500 miles by car.( round trip about 1000 miles) just to get finger prints again. They sure don't make it easy for me.

Hannelore Volkman

Dear Editor:
Mr. Lundy's letter (07/28/08 ID) about "the priorities of this Administration" asks an excellent question. "Surely there must be better ways to spend all this money", meaning on immigration enforcement. "This Administration" agreed with him wholeheartedly. However even many of the readers of these pages, and letters of many including Mr. Algase, argued vigorously against the Administration's immigration reform as half a loaf when a Democrat Congress would surely right all wrongs and deliver the full loaf of some mythical perfect plan and benefit politically from defeating the legislation besides. ILW.COM's comment (07/24/08 ID), "Drop the Labels", makes a depressingly convincing case that there simply will not be a reform on account of overreaching. Cynically, I have concluded that many people who take Mr. Algase's letters' line would rather keep "the issue" alive and keep large numbers of illegals in an insecure, semi-permanent helot state so they can pose as their rescuers (or, on the restrictionist side - protective enforcers) than actually do much to help large numbers, merely than a few individuals among them. That's not only bad for immigrants, but is bad for America, as is the present law which this Administration is enforcing after having tried and failed to rationalize and ameliorate them. If people on both sides of then issue would stop trying to "heighten the contradictions", the end result might be better for the general public, general respect for the law and those most concerned. Such a result would require some genuine reaching across the aisle. There is only one person running for President from the major or minor parties or in the leadership of either party's Congressional delegations who has any history of doing that and he's consistently been 2-3% behind in the polls, and probably behind by 20-30% among attorneys. I'm just sayin' ...

Honza Prchal

Dear Editor:
Regarding Roger Algase, Esq.'s letter (07/28/08 ID): There is no mention against legal immigrants in any posts. The 1st amendment, separation of church and state only require the church not run the state. Our founding fathers, Mr. Wilson the 1st Supreme Court justice gave 168 sermons and our constitution is Christian. There has always been Christ in the constitution. You do not understand separation of church and state. Our founding fathers very much included and mandated that the constitution is based upon Christianity and without Christianity the democracy would not survive. Our constitution begins with ? In the year of our Lord'. All through the constitution is the belief in Jesus Christ. The letter's interpretation of our constitution is totally unfactual. There is no reference in our constitution that Jesus Christ and our constitution are divorced. Mr. Algase's letter contended that America was racist until we proved the last four decades the U.S. legal immigration was #1 Latino. Illegals do not have 1st amendment rights because they are not covered under the U.S. constitution, but they are felons. Criminals have no constitutional rights as do lawful citizens. I have worked close with Mexicans, Islamics and they are very nice people. I have no prejudice against race. I've raised a black boy and was awarded the U.S. government's highest award in foster care and Sir I am not prejudiced. The issue here is racism against those of race in 168 other countries that desire to come legally into the United States. The letter's arguments are racist against all but Latino's. If we follow them we would definitely be a racist country, placing the Latino as a superior race deserving favor over all other people. That sure isn't racism is it?

David Utterback

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- 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