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Immigration Daily

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Immigration Daily December 10, 2008
Previous Issues
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Supremes Dismiss Frivolous Suit reports "The Supreme Court has turned down an emergency appeal from a man who says President-elect Barack Obama is ineligible to be U.S. president because he was a British subject at birth." For the full story, see here.

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


Relief From Removal: A Definitive Manual For Winning Cases

The following is the table of contents for this definitive work which is now being shipped:

  • Chapters: Removal proceedings; Grounds of deportability; Grounds of inadmissibility; Contesting removability; Adjustment of status; Waivers of inadmissibility and deportability in Removal proceedings; Section 212(c) and Cancellation of Removal for Lawful Permanent Residents; Cancellation and Suspension for Non-Permanent Resident Aliens; Asylum, Withholding of Removal and protection under the Convention Against Torture; Voluntary departure; Naturalization as a defense to Removal; Administrative review of Removal Orders; Judicial review of Removal Orders
  • 23 Appendices include: Sample cover letter and instructions for requesting a FBI criminal record check; Sample Motion to Suppress; Sample Motion to Dismiss; Sample Brief in Support of Motion to Terminate Removal Proceedings; Sample Motion to Terminate to Proceed on an Application for Naturalization Pursuant to 8 CFR 1239.2; Sample Notice of Appeal from a decision of an Immigration Judge; Sample Motion for Extension of Time to File Brief to BIA
  • CD-ROM has 600+ important documents including: key BIA & Federal cases, selected USCIS/ICE memos and DOS cables, forms from USCIS & EOIR, relevant regulatory sections from 8 CFR & 42 CFR, significant statutory provisions from the INA, 18 USC & 28 USC, Links to informative internet resources, etc.
For more info, and to order, please see here. For the fax order form, see here.


Attorney Marketing: 19 Steps To Building A Nationwide Law Practice
Trey Ryder writes "to sophisticated law firm marketing efforts, many lawyers are now expanding their practices beyond state boundaries, building regional or national practices."

Counterintelligence Implications Of Foreign Service National Employees
Fred Burton and Scott Stewart write "This situation provides us with a good opportunity to examine the role of foreign service national employees at U.S. missions abroad and why they are important to embassy functions, and to discuss the counterintelligence liability they present."

Immigrants Of The Week: Luol Deng, Ramon Sampson, and Anh "Joseph" Cao
Greg Siskind honors immigrants of the week.

To submit an Article for consideration, write to


Neufeld Memo On N-400 Processing
USCIS Acting Associate Director Neufeld issued a memo dated December 1, 2008 detailing the process that will be used by Service Center Operations to ship N-400/G-28 forms to the two lockbox locations.

USCIS Releases Latest H-2B Cap Count
USCIS released its latest H-2B cap count as of December 5, 2008.


Help Wanted: Immigration Attorney
Rockville, MD - Shulman, Rogers, Gandal, Pordy & Ecker, P.A., the largest suburban MD law firm, seeks a proactive, result-oriented immigration associate with 3+ years of attorney experience in immigration law including employment-Based IV (including EB-1, EB-2, EB-3), and NIV (including E-1, E-2, H-1B, L-1A, L-1B, O-1, TN), family-Based IV, naturalization, adjustment of status, consular processing, I-9 compliance/employer sanctions, and litigation. Position includes supervision of paralegal and administrative staff. If you have excellent academic credentials and strong drafting skills, you will find an exciting, diverse practice with opportunity for further career development. We offer an excellent salary/benefits package. Work with an experienced team of professionals who are passionate about the practice of immigration law in a fast paced, collegial setting with all the resources of a large law firm. Submit resume to: Ms. Maura Bowen, 11921 Rockville Pike, Third Floor, Rockville, MD 20852-2743, Fax (301) 230-2891, e-mail:

EB-5 Investor Program
There is no need to wait for the Regional Center program to be extended before it sunsets on September 30, 2008. This is a 300 acre project in Southern California near San Juan Capistrano. The Project will create at least 300 new full-time jobs through the development of a resort hotel/spa & corporate retreat, an upscale equestrian centre with 1000 stalls, arena, training and boarding facilities and, along with a vineyard, an olive orchard, and 30 estate view lots. The developers and general partners have extensive experience in high profile developments. The Project qualifies under the EB-5 Investor Visa program for an immigrant investor in need of a permanent residence in the US "Green Card". The project is a Targeted Employment Area (TEA) requiring investments at the reduced $500,000 level. Visit for more information or contact a USA Global Development representative by e-mailing or calling (949) 296-3078 or complete contact us section of our website. Not an offer to purchase or sell securities. Only qualified investors can offer to subscribe after reviewing the full program and submitting a signed subscription agreement for consideration.

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.


Feds Say Illegal Immigration Down
Despite a significant drop in the U.S. illegal immigrant population in 2008, a boatload of 17 Cuban refugees made landfall on Boca Grande Thanksgiving Day

The Immigrant Story That Wasn't: Laid Off Republic Windows Employees Just Regular Working Stiffs
Nope, forget about the obvious "illegal" factor and the hook to comprehensive immigration law reform movements, this story is all about just what it is: the little guy standing up for his rights.

Immigration Reform Off The Table?
Ted Kennedy has used his chairmanship of the Judiciary Immigration subcommittee for years to get a comprehensive immigration-reform bill passed into law.

Immigration Detainees Pulled From Wyatt Detention Center
U.S. Immigration and Customs Enforcement, without explanation, yesterday began transferring all 153 of its immigration detainees housed at the Donald W. Wyatt Detention Facility to other jails and prisons around the Northeast.


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 Position - Director of Global Compliance
Fragomen, Del Rey, Bernsen and Loewy, LLP announces that Patrick Shen, a former senior official of the Departments of Justice and Homeland Security, has rejoined the firm as its Director of Global Compliance. Patrick previously served as Director of Government Relations for Fragomen prior to his Presidential appointment and Senate confirmation. Patrick will immediately become a senior member of the firm's well-established Corporate Compliance Committee.


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:
Yes, it is inspiring that an immigrant who became an immigration lawyer has been elected to Congress, and that it offers hope for additional pro-immigrant leadership (10/10/08 ID comment). But, to set the record straight, he would not be the first Republican to urge CIR. It was actually President Bush that advocated for the temporary worker program, and Senator McCain attempted to push his co-sponsored McCain-Kennedy immigration reform bill. There were certainly many recalcitrant Republicans who fought against it. However, quite a number of Democrats, with union support in mind, were reluctant to sign on to even legal immigration reform. I remember lobbying Democratic Congressional leaders and Senators in D.C., with fellow AILA members, and being told that their constituents were calling them to say that foreign workers were taking their jobs away. So, the fight needs bi-partisan support, and we ignore that at our own peril.

Norine F Krasnogor, Esq.

Dear Editor:
As an almost life-long Louisiana resident, I was delighted to see Louisiana voters elect the first Vietnamese American to Congress (12/09/08 ID comment). But, I've also practiced immigration and nationality law in Louisiana for over 30 years, and no one I know has ever heard of Joseph Cao until he ran for Congress. I have heard through the grape-vine that he may have done some work for refugees in the New Orleans area. But, "immigration lawyer" he is not.

Jeri Flynn, Esq.

Dear Editor:
Gladys Farris's letter claims (12/09/08 ID) that ICE raids on illegal workers, and "sending them back" contributes to the recession. But does that not free up jobs for legal US residents to fill when they get laid off their present employment? If that's the case, then "sending them back" actually assists overcome the recession for many families. I wonder where the statistics stated in Gladys Farris's letter was obtained, or if the claim that the raids fuel the recession is made of whole cloth and makes about as much sense as the recent claims that illegal immigration is the reason for increased air pollution and greenhouse gases. While both are arguable points, neither has any basis in the reality of the real world, or in solving its problems. Carrying the Farris letter argument to the extreme, why not overlook all lawbreakers? Certainly, sending offenders to jail adds to the recession, because while they are in jail they are unemployed and not earning or spending money at their local merchants. Carrying the Farris letter's arguments to the absurd, open the border and let all who want come to the US to spend their money here. There is no substitute for law; anarchy will never work, in immigration or otherwise. America needs immigration reform, but it does not need an amnesty in any way that it has heretofore been proposed.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
I faxed a letter today to Mr. Donald Neufeld, Acting Associate Director of USCIS Domestic Operations, that I believe your readers would find of interest. Quoting in part, the letter states: A notice sent out by USCIS, in connection with an adjustment of status interview appointment notice, contains an error. The error is in the second of the following two sentences. "You do not need to bring any documentation relating to any traffic fines and incidents that were not alcohol or drug related and did not involve an actual arrest if the only penalty was a fine of less than $500 and/or points on your drivers license. You do need to bring documentation if you were involved in any traffic accidents that were alcohol or drug related or you were arrested for the incident, or if the penalty resulted in a fine of more than $500 and/or points on your drivers license. The words and/or points on your drivers license at the conclusion of the second sentence are not merely unnecessary, they are illogical and contrary to the meaning intended. The sentence would much more clearly convey what it intends to say if these words were omitted. I completed my letter by stating: "There is so much incompetence and ineptitude that I encounter almost every time I deal with USCIS that it would be heartening to see an acknowledgment by your office that the notice is indeed in error and that you will arrange for its correction. To be sure, I am not holding my breath while I await your response. I may be crazy but Im not stupid."

Oscar Jaeger, Esq.
Brooklyn, NY

Dear Editor:
Responding to (12/09/08 ID comment), Van Argyrakis is an immigration attorney with 19 years of experience. He is of Greek-American extraction and is seeking to become Omaha's next mayor. There has never been a Greek-American mayor of Omaha. One hundred years ago the worst "Anti-Greek" in America riot took place in Omaha, NE resulting in massive property damage, looting and resulting in the Greek community of Omaha moving to other cities. There were actually more people of Greek ancestry living in Omaha, NE 100 years ago then there are today. The Greek-American communty of Omaha, Nebraska has never recovered. Van is an alumnus of Northwestern University, Creighton University College of Law and the University of Nebraska Medical Center. Please help him with his quest as we need more immigration lawyers in public service.

Argyrakis For Mayor Campaign

Dear Editor:
I just want to inform you that it seems your Daily Immigration RSS feed is having a code problem. It does not function.


Editor's note: Thank you for alerting us. The RSS feed has been fixed.

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