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Immigration Daily

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Immigration Daily February 12, 2009
Previous Issues
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The Chicago Tribune reports "This is U.S. Immigration and Customs Enforcement's Flight Repatriate, a booming airline ferrying illegal immigrants out of the country. Flying worldwide from O'Hare and 22 other airports, the so-called ICE Air planes transported more than 367,000 illegal immigrants, including 11,500 from the Chicago area, out of the U.S. from October 2007 to October 2008--a 26 percent increase over the previous fiscal year and 77 percent more than in 2006. "

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


US Tax Compliance For Immigrants And Employers: The Lawyer's Complete Guide

ILW.COM is pleased to announce a new book on tax compliance for immigrants and employers authored by noted authority Paula Singer. The outline is as follows:

  • International Aspects of Individual U.S. Tax Returns
  • A Guide for Filing IRS Forms 1042 and 1042-S
  • L-1 Intracompany Transferees on U.S. Assignment
  • J-1 Nonstudent Exchange Visitors Performing U.S. Services
  • U.S. Taxation of H-1B Specialty Workers
  • U.S. Taxation of B-1 Business Visitors
  • U.S. Taxation of Foreign Students
  • Tax Treaty Benefits for Foreign Nationals Performing U.S. Services
  • What You Need to Know About Exchange Visitors
For more info, including how to place a pre-publication order, please see: For info/ordering by fax, please see:


Matter Of Silva-Trevino: An Update On Crimes Involving Moral Turpitude
Patricia S. Mann writes "Unfortunately, the Attorney General's recent decision in Matter of Silva-Trevino threatens to dramatically increase the unfairness of the CIMT-based exclusion process."

What Is Seen And What Is Unseen: Government "Job Creation"
Larissa Price for the Foundation For Economic Education writes "Barack Obama and his advisers should take a lesson from history: the New Deal and its public-works projects were a disaster, and it would be remiss to think they should be given another try."

Bloggings On Immigration Law And Policy
Greg Siskind writes "The US House passed a bill that got little attention this week that was a step in the right direction."

To submit an Article for consideration, write to


Teufel Memo On DHS Privacy Policy On Non-U.S. Persons
Hugo Teufel III, Chief Privacy Officer, DHS sets forth the policy of the DHS Privacy Office regarding privacy protections afforded to non-U.S. persons for information collected, used, retained, and/or disseminated by the Department of Homeland Security in so-called "mixed systems."


Help Wanted: Immigration Attorney
Beverly Hills, CA - Busy immigration law firm has immediate opening for experienced, hard-working and creative self-starter. Candidate must be able to thrive in challenging, trial-oriented environment where deadlines are critical, must be active bar member (any jurisdiction), and have experience in handling nonimmigrant business and/or NIV visas and consular practice, PERM, family, removal proceedings, as well as BIA and Circuit Court Appeals, and federal litigation. Must have following: demonstrate quick analytical ability and facility to articulate critical issues in case; have superior oral and writing skills, strong research and interpersonal skills, and good judgment; possess excellent courtroom skills and exhibit ability to work in professional manner with others, demonstrate computer literacy skills. Expected to do own legal research and writing and to be substantially self-sufficient in preparing day-to-day correspondence/pleadings. Occasional travel required; bilingual a plus, but not essential (spanish or korean) No relocation reimbursement. Send cover letter, resume, + writing sample (max. 10 pps. in MS Word or Adobe PDF format) to

Help Wanted: Immigration Attorney
Los Angeles, CA- USCIS Office of Chief Counsel (OCC) seeks experienced attorney for Associate Regional Counsel position, USCIS OCC, 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 (any jurisdiction), and have 2+ years of post-JD experience in immigration law. For more info, key in Job Announcement Number: COU-CIS-2009-0002 at Preference is given to applicants with immigration law experience, a background in federal litigation, an excellent academic record, and strong writing skills. Submit a resume, cover letter + writing sample (max. 10 pps.) to: Kelli J. Duehning, Western Regional Counsel, USCIS Office of the Chief Counsel at Must be received by close of business, Tuesday, February 10, 2009. Position is at the GS-13/14/15 levels and is open until filled. No relocation reimbursement available.

Expert Witness Services
Muslim World Expert Dr. Shaul M. Gabbay is pleased to offer expert testimony on immigrants from Muslim countries/societies, including the former Soviet Union (USSR). I have testified in 150+ Immigration Court cases nationwide (asylum, cancellation of removal) and to USCIS (asylum interviews, hardship waivers) with very high success rates. For more info, including detailed biography + testimonials from lawyers who have worked with me in the past, see: Please contact me with any additional questions: Dr. Shaul M. Gabbay, Muslim World Expert, Josef Korbel School of International Studies, University of Denver, Denver, Colorado,, (303) 871-2560. For countries outside of my expertise, I may be able to recommend an expert in that area.

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:


Chained Immigrants On Parade
The media devoured a blatant and dehumanizing publicity stunt orchestrated by Maricopa County Sheriff Joe Arpaio.

Texas Attorney Fights Illegal Immigration Rules
Brewer said he knows cities across the nation continue watching the two-year legal battle unfold, especially those considering similar rules.

Some Places Revisit Immigration Laws
Some states, cities and counties that plunged into the immigration debate are having second thoughts.

Think Tank Advises Obama On Immigration
A non-partisan immigration think tank has offered the new president a roadmap to mend the country's dysfunctional immigration bureaucracy.


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.

Immigration Event - Washington, DC
Temporary Workers and Innovation, or H-1Bs and the Supply Side of Ethnic Invention, Friday, February 13, 2009, 8:30-10:00 am, Georgetown University Law Center. Presenters: William R. Kerr and Jacob Funk Kirkegaard. Sponsored by the Institute for the Study of International Migration. For more info and to RSVP see here:


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:
Jim Roberts's letter (02/11/09 ID) did well to admit Roger Algase's letter (02/09/09 ID) fessed up when shown to be wrong about the immigration code (I was impressed by the cite as well), and I appreciate the letter's attempt to elevate it's tone, but there are many Americans, clearly in the minority, but many who believe either that we need more immigration through legal channels (as I do) or that some sort of amnesty is a good idea and who believe this because they think it good for our nation. I even know libertarians who think the border ought to be completely uncontrolled who sincerely believe it is best for the nation. One great strength of America and Americans is its and our capacity to tolerate all sorts of kooky ideas without calling the allegiance of those that hold them into question. I think some of Mr. Robert's letter's criticism of Mr. Algase's letter's immigration preferences and focus on racism are spot on. That said, it seems to me that in questioning where Mr. Freeman's letter's (02/09/09 ID)"moral allegiance" lies, Mr. Roberts' letter is confusing its own politics with fundamental American values. With many formerly hysterical elements of the left finally calm after winning an actual election, we on the right no longer need to respond to the tone of bygone days. Times are tough enough (especially in blue states) without our adding acrimony to no purpose.

Honza Prchal, Esq.

Dear Editor:
I read David Murray's letter (02/11/09 ID) with mixed feelings. On the one hand, I absolutely do not condone the tone of the letter that the letter was responding to, and I too feel that RLM's letter (02/10/09 ID) was way over the top. That said, I found David's letter a tad too self-congratulatory, and a tad too dismissive of the emotional roller coaster ride that many immigrants face. Surely one can't term the seriously unpredictable American immigration system as merely lacking in perfection. As for governmental discrimination, I wonder what the letter would have to say about INA 202(a)(2) that deals with the per-country cap on green cards, a clear case of governmental discrimination based on national origin. The letter says "The US immigration system... is for Americans to fix, not foreigners". Fair enough. I for one, despite having spent the overwhelming majority of my adult life here in the US, legally, and despite having waited for close to a decade (and counting) for a green card, have never felt that it was my right to immigrate. But by the same token, dare I say - how gracious and accepting the American immigration system is - that's for foreigners to comment on, not Americans.

Trivikram Krishnamurthy
Sunnyvale, CA

Dear Editor:
I am tired of the birthright citizenship discussion. For the love of Mary let it rest. We have a family here that contains 4 US Citizen Children under 12 years old. The Wife is a US Citizen and her husband was an EWI from some country south of here. I am not sure if his ban is for 10 years or permanent. Prior to his deportation the alien ran a business and was the sole income earner for this family. Now the family has lost their home, live with the USC elderly parents. To put icing on the cake the family and children lost health care benefits from the aliens company and with the loss of income now are on public assistance. We all can point fingers of blame but the Jeannes out of the bottle now and its not going back in. Now without calling me an anarchist or an open borders fanatic share with me "who" is being punished here and to what end is sticking with this tactic serving us as a society? Will putting these family members through deprivation and shaming them "deter" illegal aliens from coming here in the future? Is it a better outcome for us as a society for these kids to fold tent and go down south for family unity and return after 18 years old, with substandard education and questionable loyalty to US? Does/should the USC Spouse right to family unity carry any legal weight here? Forgive me for getting bored here but it seems there is a bit of a vaccuum in this discussion of a way to solve this because it is so obviously broken.

Maura Freedman

Dear Editor:
We, Americans can only blame ourselves on our situation today. We as individuals and a nation spend more than we make, we live in credit and never been wise on using our money. We let our war monger politicians to engage on costly wars to benefit their own inner circle buddies and special interests and yes until today our defense budget is about 1/3 of our annual budget and it's close to 1 trillion dollar! and nobody fuss about why we spend more than the next 10 other nations on this planet combined on war machines and trying to be the global bully. We are so ignorant to realize that Wall St. is nothing but a huge casino with scammers ready to take away our savings and investments. We buy houses that have been inflated over our head. So why all the scape goating now come into Diego or Jose the "illegal" then? We, Americans must learn from our own mistakes, learn new skills and languages to survive in the global economy and competition. Holding a US passport is not enough to justify good compensation in job. Many better qualified Russians, Brazilians, Indians or Chinese will be happy to work more for less be them in H1B visas or the jobs moved to those countries instead. This time of depression and recession is a good time to teach us good lesson in life, that we can't take things for granted just being Americans. Global competition is real and the way to show how good our work ethics is by working harder and giving less "sick" call offs from job for no reasons but out of selfish convenience and or laziness.

Robert Yang

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 1995-2008 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