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Immigration Daily

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Immigration Daily March 2, 2009
Previous Issues
The unmatched news resource for legal professionals. Free! Join 17,000+ readers


11,000 Jobs Available

The Customs and Border Protection is hosting a one-day job fair in Orlando, FL on March 7, 2009 as part of its initiative to hire 11,000 new employees this year. For full details, 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.


Last I Checked, A Human Could Not Be "Illegal"
Melissa M. Chase writes "Ironically, the term "illegal alien" is in fact an oxymoron, a double negative if you will."

Bloggings on Dysfunctional Government
Angelo A. Paparelli writes "Under EAWA, however, TARP- and Fed-funds recipients may not escape the burdens of H-1B dependency by hiring exempt H-1B workers."

Immigrants Of The Day: Thai Garment Workers of Thailand, Lopez Lomong of Sudan, and Ming Sun of China
Kevin R. Johnson writes "More than 40 [Thai garment workers] gathered last Sunday to celebrate with the Asian Pacific American Legal Center, which successfully fought for a $4-million settlement from manufacturers and retailers for their exploitation and won an uphill battle to gain legal status for the workers.

To submit an Article for consideration, write to


USCIS Announces First Child Naturalized Overseas
USCIS announced the naturalization of Martin Ulsano, the first child naturalized overseas under The National Defense Authorization Act of Fiscal Year 2008 which permits children of U.S service members to receive their citizenship overseas where their parent is stationed even though the child may never have been in the US.


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
Washington, DC - USCIS Office of Chief Counsel (OCC) seeks experienced attorney with 2+ years demonstrated experience in immigration law or related experience for the Legislative Counsel Division. Function primarily involves proposed changes to the immigration laws, it also includes legislation on the subject of appropriations, public benefit programs, Federal personnel law, and any other matter affecting the operations of USCIS as a Federal agency. 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-2009-0003 at Submit a resume, cover letter + writing sample (max. 10 pps.) to: Philip B. Busch, Legislative Counsel, USCIS Office of the Chief Counsel at Must be sent by 5pm, EST, Friday, March 13, 2009. Position is at the GS-13/15 levels. No relocation reimbursement available.

Help Wanted: Immigration Paralegal
Roseland, NJ - Fox Rothschild LLP has an opening for an immigration paralegal. The ideal candidate will have 5+ years of employment based immigration paralegal experience. Experience must include preparing and filing full range of employment-based applications, independently conducting research, analyzing legal resources, maintaining document files and case docketing. Must be team player, detail oriented and possess excellent communication, writing, organizational and computer skills. Will consider Bachelor's degree, Associate's degree, or paralegal certificate and 5 years of experience or 10 years of comparable work experience. Please apply online at EOE.

Position Sought
JD, with 10 years experience in business immigration, available to draft and consult on complex RFE responses, MTR's, EB-1 (all subcategories), EB-5, E-1, E-2, H-1B, L-1, O-1, NIW, PERM and TN matters on a project basis. Additional specialization in inadmissibility waivers, paralegal training programs, and legal research. Competitive hourly or flat fees. References available upon request. Please contact for additional details.

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.

Translation Services
Eurasia Translations, Inc. has been proud to serve immigration attorneys and individuals since 1993 with the translation of personal documents, academic credentials, criminal clearance letters, etc. Our customers can rest assured that all of our translations are prepared in accordance with USCIS requirements and are accompanied by a notarized certificate of accuracy. For more information, please call 888-887-1884 or visit our website. For a free quote, please complete or fax your document at 818-907-9763.


ACLU Signs Add to Washington State's Immigration Storm
Now the American Civil Liberties Union has jumped into the ring and upped the ante, rolling out a campaign that will install signs inside buses informing riders of their rights to ignore Border Patrol agents.

Police Search For Man Posing As Immigration Agent
Los Angeles police are searching for a man posing as a federal immigration agent who handcuffed, abducted and robbed a man near downtown, authorities said.

Journalist: Immigration A 'Forgotten Priority'
Immigration reform, the Pulitzer-prize winning New York Times journalist said, will be a profoundly difficult issue for President Obama.

U.S. Immigration Policy: The Whole World Is Watching
If there is a positive note to be heard in the growing global chorus of critique of and concern about U.S immigration policy, it is to be found among those human rights activists and groups doing what W.E.B. DuBois, Paul Robeson and other civil rights activists did in previous eras: bring their issues to the global stage.


Readers can share professional announcements (up to 100-words at no charge), email: To announce your event, see here

Immigration Book
In The Shadow Of The Giant: The Americanization of Modern Mexico by Joseph Contreras. Cloth $24.95 | ISBN 978-0-8135-4482-3 | 272 pages | 6 x 9. Publication Date: March 2009.


Readers can share comments, email: (up to 300-words). Past correspondence is available in our archives

Dear Editor:
With regard to the most recent ICE raid in Bellingham WA, can anyone show that all the ICE workplace "enforcement" raids together have created one single additional US worker job, kept one single home from being foreclosed, kept one single US bank from failing, caught one single suspected drug dealer, terrorist or violent criminal, or accomplished anything except breaking up the families of US citizen spouses and children of illegal immigrant breadwinners, intimidating employers from hiring Spanish-speaking US citizens or lawful permanent residents and turning America into a police state? This reign of terror against the most vulnerable people among us, those who are least able to defend themselves and assert their legal rights, and who have the least responsibility for the economic mess we are in, must end. This is not the way to deal with our immigration problems.

Roger Algase, Esq.
New York, NY

Dear Editor:
Roger Algase's letter (02/27/09 ID) is entitled to state opinion, but not to create its version of the facts. Overstay numbers from Iceland have not been bad and overstay numbers from Thailand have been and so one nation gets to participate in the visa waiver program while another does not. If one knows much about either nation, that will not come as a shock. The differential immigration treatment of each is not mostly the result of racism, no matter how much Mr. Algase's letter wishes to cling to the notion in his letter (2/26/09 ID). One cannot "prove anything with statistics" if one is honest with them or if they are mechanistically tabulated, as overstay statistics are. If one really can prove anything with statistics, then I suppose we may as well treat "creation science" with the same respect we treat modern biological explanations for species shifts and genetic change. The letter's combined mischaracterization of the point the Bell Curve was making and his letter's insinuation that it is in any way connected to anything Mr. Good's letter states is both irrelevant and below the belt. When faced with overwhelming facts, one should back down, restate one's position or even apologize. At least Roger Algase's letter might explain the grand conspiracy or subtle cultural prejudice that has lead to systematic over-counting Thai overstays and undercounting Icelandic ones. With that off my chest, I point out that Mr. Yang's letter's (02/27/09 ID) excellent suggestions to allow tour booking agencies to post bonds would fix whatever problems Mr. Algase's letter has with the system. Any resultant "racism" would then be attributable to the tourist industry in the country of origin, and should be revenue positive for the government besides.

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
Immigration enforcement has been broken and ineffective for too long (03/02/09 ID comment). As far as I am concerned, ICE, is doing a fine job of catching up with the problems, caused by past administrations. Let ICE work and do the job we taxpayers expect. Give them funding, equipment, manpower, and build the wall. Get tough on illegal immigration, and the laws will be respected. Arrest and imprison employers of illegals, and their managers, formen, human resources people, as needed to send the message, that the USA is strong, and will not tolerate immigration law abuse. Respect the USA.

Gerry Nance
Fullerton, CA

Dear Editor:
Thank you ID for posting this wonderful article by these two intelligent people, Gary Endelman and Cyrus D. Mehta (02/25/09 ID Article). As a U.S. citizen affected by the failure of the Federal government for immigration reform, this article certainly brings hope and inspiration to my family which is deteriorating as time goes by. To be more precise, my husband who came here 8 years ago is still undocumented and what makes it worse is that he is not able to see his folks back home in fear of never being able to come back to his us citizen wife and child. However, I am skeptical of the way the goverment, or the executive branch as it is called upon by the authors, will separate who will and who will not receive the employment authorization and traveld document if that becomes a reality? They will still need bacground checks, they will still need to separate between various immigration violators. But, I wish you can send this article to the president so that he can start taking some immediate action. In addition, this plan will help the gov boost its economy by increasing the number of people who will take flights. ( a round ticket now for most european countries costs and avarage of $ 1300.00). Also, by giving EAD to immigrations, the gov will for the mean time benefit in application costs for these EAD as well as taxes. Please, I beg ID to push for this great idea.


Dear Editor:
It appears that the meetings President Obama and the vice-president had with the members and heads of some of the nations Hispanic Organizations just weeks ago did not really make an impression on his administration or his views toward the 'issues on immigration'. DHS is still on it's 'rampage' and Congressionally approved 'mandate' to oppress and suppress the civil and human rights of hispanic citizens and immigrants of Latin-America even though Obama'a administration have promised to 'uphold their rights' as the Congress continues to stall CIR. I voted for President Obama and Vice-President Biden, not to continue in the 'Draconian tactics and practices' of the 'old Department of Homeland Security' under Michael Chertoff and the insipid 'Bush Administration'. Some of these people being detained and jailed in some cases are actual U.S. Citizens who have been 'racially profiled', that is, mistakenly detained, jailed and even transported to parts 'unknown' by I.C.E.-AIR while their families wait and wonder in disbelief. President Obama cannot continue to 'sit on his hands' and make the Latino and Immigrant community wait while he tries to pacify the hate-mongerers and 'racists' of this Great Nation when it comes to appeasing the Latin-American Vote that resoundingly helped elect him to the office he now holds. I urge Obama's administration to please be 'diligent and sincere' in its efforts to bring about 'humane and just' immigration reform in this 'our' US. Let not the 'template' that the failed 'Bush Administration' operated on be the blue-print that 'defines' your 'Change' Administration. We are here, we are not 'invisible' as 'Bush' tried to pretend we were. Don't make the same 'error' he did and ostracise and deny the Latin American community of this great country. The 'Time' is now.

Max Gutierrez

Dear Editor:
I completely agree with Mr. Roberts' letter (02/27/09 ID) that we can't afford to welcome millions more to this country nor to expect the whole population of this planet move here as well. But with no opportunities in their homelands because of immigration and economy apartheid walls and unfair trade barriers created by selfish restrictionist citizens of rich countries, how comes those poor people who live and earn less than $ 2 a day must survive with it and be happy and expect them to stay put there? How comes a religious compassionate "conservative" can justify that they should earn 30 times more just because they're born as Americans not Kenyans or Chinese? A Chinese with better skills and education can validly ask why he should earn less than a Japanese or an American for doing the same jobs and prevented to sell his labor to willing Japanese or American employers because of immigration laws designed to keep their whiny citizens happy and feel protected from unwanted competition? Our prosperity doesn't come with real and fair exchange of goods or services with other nations but we export our fiat currency, running mountain high deficit and debt. This situation is not sustainable, won't last very long, until foreigners will ask their due back and our nation will collapse like Iceland. We can't be such hypocrites who enjoy the sweat and labor of those living in Bangladesh, Cambodia, China etc. for cheap while denying their rights as our fellow human beings equal opportunities and rights to pursue happiness, prosperity and opportunities while living on this planet Earth just because we don't like them to compete with us on the level playing field.

Robert Yang

Dear Editor:
To expand on Jim Roberts' letter (2/27/09 ID). In a report dated 2/11/09, the Pew Hispanic Center wrote, in part,"... if current trends continue, the population of the United States will rise to 438 million in 2050" ... "and 82% of the increase will be due to immigrants arriving from 2005 to 2050 and their U.S.-born descendants". Those who favor the present levels of, or even more, immigration seem oblivious to the impacts of all these new residents. Our resources, environment and infrastructure are already strained, not to mention that water is becoming scarce in some parts of the country. Failing to consider the downside of such massive population growth seems, to me, extremely irresponsible.

John H. Frecker

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Publisher:  Sam Udani    Legal Editor:  Michele Kim                        ISSN:   1930-062X