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Immigration Daily February 19, 2009
Previous Issues
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A Class Apart

The Austin American-Statesman reports on "A Class Apart", a documentary exploring the landmark 1954 US Supreme Court decision in Hernandez v. Texas. "Relatively and lamentedly unknown in the broader pantheon of the civil rights movement, Hernandez v. Texas helped establish equal protection under the law for Mexican Americans, who though they had U.S. citizenship since 1848 suffered treatment as second-class citizens for generations. By successfully challenging that widespread, Jim Crow-style discrimination, Hernandez v. Texas became a seminal moment in the civil rights struggle, forever transforming the lives of Mexican Americans." The documentary is scheduled to air on PBS's "American Experience" on Monday, February 23.

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


Today Is The Deadline For Removal For Experts

Wednesday, Feb 18th is the deadline for "Removal For Experts" a 3-part telephone seminar series, the curriculum is as follows:

FIRST Phone Session on February 19: Right to Counsel in Removal Proceedings

  • Statute/regulations explaining the right to representation in removal proceedings
  • EOIR attorney disciplinary regulations
  • Lozada vs. Compean
SECOND Phone Session on March 19: The Changing Definition of Crimes of Moral Turpitude
  • The Categorical and Modified Categorical Approaches
  • BIA Case Law with a Focus on Matter of Silva-Trevino
  • Federal Circuit Court Case Law
THIRD Phone Session on April 16: Litigation Tactics in Removal Proceedings
  • Motions to Continue, Administratively Close or Terminate
  • Motions to Change Venue
  • Motions to Suppress
  • Discovery
  • Contesting Charges in the Notice to Appear
  • Objections
  • Authentication of Documents and Responding to FDL Reports
Don't wait to register. Wednesday, February 18th is the deadline! For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: Fax form:


The H-1B Visa Program In An Economic Downturn
Adam Ketcher writes "What must an H-1B employer do to properly wrap up the immigration end of this business relationship and what can the employee do to preserve his or her status?"

Why Our Company Needs Immigrants
Michael C. Maibach for the Foundation For Economic Education writes "No one country has a monopoly on brains. If we are to remain competitive, we must be free to choose among the best people available, wherever they might come from."

Bloggings On Immigration Law And Policy
Greg Siskind writes "New Homeland Security Secretary Janet Napolitano had an interview with NPR's Madeleine Brand where she discusses her priorities for DHS."

To submit an Article for consideration, write to


DOS Cable On B-1 Visas For Missionaries
This DOS cable discusses the B-1 visa as an option for religious missionaries.


CLE Immigration Event
Memphis, TN - (May 15-16, 2009) The Federal Bar Association and AILA Mid South Chapter invite you to join us for one of the most exciting regional immigration conferences you will attend this year. The confirmed speaker line-up is a who's who, including respected AILA attorneys and government officials including chairman of BIA, US Court of Appeals judge, director of OIL, current and former immigration judges. This conference offers opportunity to hear from a panel of ICE and CIS supervisors discuss local priorities that affect the mid-South and nationwide. Mingle with faculty without large crowds. This intimate setting is perfect for both new and experienced practitioners alike. Program includes special programs for pro bono attorneys + criminal lawyers. Earn up to 16 CLE hours and have fun too. Early bird deadline is April 30th. For more info, including speakers, curriculum, and registration, see here.

Help Wanted: Immigration Attorney
Redmond, WA - Are you ready to make a significant impact on an industry leader? Would you like to have the ability to contribute to the success of many businesses and products in the technology arena as well as make a positive impact on individuals and their families' lives? If you do, come join us at Microsoft as a US Immigration Attorney. We are a diverse and global company that makes a significant positive impact on 600 million plus customers worldwide. The Microsoft Corporation Legal & Corporate Affairs Global Migration department plays an integral role in helping hiring managers and recruiters hire and on board the best and brightest. If you are ready to make a difference and learn and grow in the US Immigration arena, we offer an opportunity like no other. This position requires excellent academic credentials, 4-6 years experience in all NIV business visas, labor certifications, and other business-related immigration matters. Strong case management, customer facing, communication and writing skills required. Full relocation package offered. To view detailed job description and apply, see here.

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

Website Services
Gain the competitive edge with your new website from INSZoom, the world's largest immigration software company. Choose from a range of template websites, complete with customized logos and images, 60-70 pps. of professionally written immigration law content including news articles, processing dates, and priority times posted directly on your site. Our search engine optimization tools will increase your web traffic and prioritize your site in the major search engines. Our content management tool lets you update your site in real time. Customized intake sheets let you integrate your case management software directly into your site. Biweekly newsletters and email blast tools enable you to stay in constant touch with current clients and strengthen your potential client base. Build leads and maintain a professional presence at a reasonable cost with websites from INSZoom. Learn more online at or contact a sales representative at (925) 244-0600 to start the process of launching your new website today.

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.


Immigration Tale Crosses Line Into Soap Opera
The surprising success of "Crash" seems to have encouraged other filmmakers who yearn to make socially conscious ensemble movies.

Man Sentenced In NEPA Immigration Case
A man who helped run a business that found illegal immigrants factory work throughout Northeast Pennsylvania will serve more than five years in prison.

Haiti Blocks US Deportations
U.S. immigration authorities have ordered 30,000 Haitians to leave the country, but Haitian officials are refusing to issue the travel documents needed for the deportations.

Study Faults Local Immigration Enforcement
A new report says that local immigration enforcement programs have "created a climate of racial profiling and community insecurity" in communities across North Carolina.


Readers can share their professional announcements (100-words or fewer at no charge), email: To feature your event in Immigration Daily, see here.

New Appointment
The Executive Office for Immigration Review (EOIR) announced that three immigration judges were sworn in today during an investiture ceremony at EOIR Headquarters in Falls Church, Va. Acting Chief Immigration Judge Thomas Snow administered the oath of office to Thomas W. Janas, Cleveland Immigration Court; John R. OMalley, Kansas City Immigration Court; and Rene D. Mateo, Miami Immigration Court.


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:
Some recent ID letters have argued that there is no racial discrimination in the US immigration system. The visa waiver program currently includes 35 countries. Three of them, Japan, South Korea and Brunei, are located in East Asia. All the rest are in Europe, except for Australia and New Zealand. Case closed.

Roger Algase, Esq.
New York, NY

Dear Editor:
I share Gittelson's letter's (2/18/09 ID) frustration with writers to Immigration Daily who fail to articulate a solution other than "enforce existing laws" which clearly is not efffective or we wouldn't have 11-12 million people without authorization to be here. The name calling "open borders advocates" etc, doesn't support the arguments and it undermines the writers credibility. I as patriotic as my next door neighbor and would like to see sensible solutions that "do no harm". We are not in a state of anarchy nor is there an imminent threat of it. Our soverienty isn't undermined by individual migrant workers picking tomatoes. Its odd an "conservative" response to abandon the "small government" mantra to create a police state that will encroach on each and every one of our lives. Do we want to be randomly stopped by a government agent to "show my papers" at traffic stops in 287(g) cities? The whole thing feels so "un-American". In their punative zeal, how quickly we abandon the principle of punishing the "criminal" for a crime to now thinking up ever more engenious ways to penalize close relatives as well. Lest we forget these are "civil" administrative violations and most of the advocates are pushing for relief from draconian provisions of existing laws, not "amnesty". No one said there would be no punishment, just a movement for a system that recognizes the damage current law is inflicting on our citizens, communities and our economy. Largely our discussions have been about nuclear family benefits or workers rights to fair treatment. I dare say from comments made here, many of those advocating for enforcement would sacrifice a real reduction in the number of illegals for the pleasure of watching Sherrif Joe parade people up and down the street.

Sergi Sheplov

Dear Editor:
What is it meant to be an American? What about nationhood? Yes, we're Americans, but does it mean we ignore the inconvenient truth that all immigration laws here and also in all developed nations are nothing but protectionism and apartheid policies to keep others to compete and "steal" jobs from whoever inside the "fences" ? How can we preach about our ideals and human rights to the world, while we deny many of their rights to pursue happiness, equal opportunities, liberty and prosperity while many of them have much more skills, education and qualification to earn much better? We, Americans are spoiled and selfish, pardon me to say this harsh truth, thinking that being Americans is such a previlege and an entitlement to automatic prosperity without earning it while many others living and working at the other parts of this planet must be happy to earn a fraction of we get here while they work harder and they posses better skills and education than us. We, Americans must learn many other languages, master more skills, get serious in schools not partying all night then we can justify why we must earn $ 100 K a year salary or income. Today, we have telepresence, telemedicine, telesurgery, teleconference and rapid advance internet technology that really make immigration restriction obsolete. With sky high debt and deficit, foreigners will say enough is enough to hold our debt and start dumping our US dollar, and they'll surely say the free "buffet" and party for Americans is over. Yes, it's scary, but this time is not for whining but working and learning harder.

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