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Immigration Daily

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Immigration Daily June 4, 2009
Previous Issues
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Where Is ILW?

ILW.COM will be in Las Vegas this week starting Wednesday, June 3rd through Saturday, June to show off our newest books and to reconnect with friends and members of the immigration bar. Astute readers will note that the specific hotel was omitted from recent announcements. ILW.COM Open House Vegas will be located at The Palazzo Las Vegas, 6th in Room 3701 (Level 3, Toscana) nearby bathrooms and conveniently located at AILA's 2009 Annual Conference headquarters. Look forward to seeing you.

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


Today Is The Deadline For The Intersection Of Immigration And Export Control

Wednesday, June 3rd is the deadline for the Thursday, June 4th phone session of the telephone seminar series "Business Immigration Law" with discussion leader Rodney Malpert. The curriculum is as follows:

  1. Deemed Export Elements: Release, Technology, Foreign National, Home Country.
  2. Deemed Export Compliance Programs: What warnings and processes for foreign nationals and managers should companies implement?
  3. Why eliciting export control information from applicants during the pre-hire process is critical.
  4. Pre-hire questions to elicit necessary information for immigration and export control while balancing discrimination concerns.
  5. Visas Mantis and the Technology Alert List and how it can result in lengthy background checks (Security Advisory Opinions) for visa applicants.
    • What triggers an SAO and are there strategies for avoiding them?
    • What are current SAO processing times?
Wednesday, June 3rd is the deadline to sign up. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: Fax form: Don't delay, sign up today.


Recent Developments In Criminal Law - February 2009
Norton Tooby provides a summary of select criminal immigration law cases that readers may find of interest.

Give Me Your Tired
David A. Dorn for the Foundation For Economic Education writes "Let me contrast arriving in the United States with arriving in Europe."

Bloggings On Immigration Law And Policy
Greg Siskind writes "Kudos to Senator Chuck Schumer for raising the profile of a serious issue - discrimination against same-sex partners in US immigration law."

To submit an Article for consideration, write to


Matter Of Compean Decision Is Vacated
Attorney General Holder vacated the decision in Matter of Compean, Bangaly & J-E-C-, 24 I&N Dec. 710 (A.G. 2009), and pending the outcome of a rulemaking process, directed the BIA and the IJs to continue to apply the previously established standards for reviewing motions to reopen based on claims of ineffective assistance of counsel.


Help Wanted: Immigration Paralegal
New York, NY - Klasko, Rulon, Stock & Seltzer, LLP, a nationally-known immigration law firm, has an opening for a paralegal with 2-3 years of experience to handle a variety of employment based immigration matters for hospitals and research organizations from its New York City office. You will work with attorneys, have contact with scientists, managers, and other professionals to determine their skills and background, draft documents to establish their eligibility for immigration benefits, and help guide them through the immigration process. If you are interested in international/intercultural issues; are a good writer; are able to understand complicated rules and procedures; and have a Bachelor.s degree with excellent academic credentials along with 2-3 years of immigration experience, please email your resume and a brief writing sample to: Information about the firm can be found at

Help Wanted: Immigration Paralegals
Leading immigration law firm, Foster Quan, LLP, seeks experienced immigration legal assistants for its Houston and Austin, TX offices. Applicants must have two years of employment based immigration experience. A university degree is required, as well as strong writing and communication skills and proficiency with Microsoft Word, Outlook and Excel. Foreign language fluency is preferred. Must be detail oriented, able to multi-task and have strong analytical and organizational skills. Send resume and cover letter via e-mail to, referencing the position title in the subject line.

Case Management Technology
Are you ready for the new changes in immigration? See why INSZoom has a 99% customer retention rate. Use our forms with peace of mind - 800+ updated within 24 hours of any new release, no patches or downloads. E-File 20+ forms. Access your firm's online database anywhere you have internet access. Client relationship management tools, practice management tools, group calendaring, emails, notes, reports, invoices, auto email alerts and reminders, document storage and assembly. A library of customizable questionnaires, letters and email templates included. Online access for clients to check case status included. Compliancy modules: I9, LCA, AR 11, PERM. Optional services: credit card processing, Outlook & QuickBooks integration. One-time data entry and auto population into all documents will save you time and reduce errors. Customizable to support solo practitioners, mid-large law firms & corporations. We teach you how to customize the software to fit your processes and communication needs. Founded in 1999, INSZoom is a profitable, financially sound company, employing 100+ engineers, sales, and support staff. INSZoom is ISO 27001:2005 certified and the "world's largest immigration software company", built with flexible modules that allow you to manage and control technology. To schedule a complimentary online demo, call 925-244-0600 or email

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.


One Attorney's Epic Battle To Get A Response From ICE
In that filing is a remarkably detailed account of one lawyer's frustrating ordeal to get federal bureaucrats to answer the phone.

Judge Jails Woman Until Baby Is Born
Here, even a federal judge could not get assurances that Ms. Tuleh would not be deported before the end of her pregnancy.

Immigration Raid Leads To Federal Lawsuit
Almost two years after a federal immigration raid in Blaine County, a Bellevue [WA] family claims that it is still suffering emotional distress from what the family alleges was an illegal search of their home.

Gay Partner Language Could Doom Immigration Reform
Advocates for gays and immigrants are clashing over a proposed immigration bill that would let gay and lesbian Americans sponsor their immigrant "permanent partners" for legal U.S. residency.


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

Honor And Award - HR Executive Magazine Top 10 Immigration Attorneys
The following individuals were bestowed the honor of being named by HR Executive Magazines as its Top 10 Immigration Lawyers: Daryl R. Buffenstein, Austin T. Fragomen, Jr., H. Ronald Klasko, Ira J. Kurzban, Warren R. Leiden, Angelo A. Paparelli, Michael D. Patrick, Julie Pearl, Theodore Ruthizer, Bernard P. Wolfsdorf.


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

Dear Editor:
Debate via website is futile because it does not lend itself to fair discourse. However, I must react to Mr. Algase's recent letter (06/03/09 ID) requesting an apology for my letter to ID about his statement "As long as there are people around to rant and rave against all Latinos, including those who are legal immigrants or US citizens, the Republicans will always have a loyal, enthusiastic, base." First, ID amended the content of my letter to include the words "in my opinion" which I certainly did not write preceding the word "explicitly," as something explicit is not open to opinion. If ID is not going to publish letters verbatim, please do not publish them at all, as I do not need my carefully chosen words altered. Second, my letter was not directed to Mr. Algase, it was directed to ID to express my disappointment that it would publicize such a statement. Mr. Algase is entitled to his opinion, and people can agree, disagree, or lack interest. I happen to wholly lack interest in his opinion. My sole point is that I don't believe ID is the appropriate venue for unambiguous comments, or one-dimensional attempts at historical justification, for the proposition that the "base" of a major political party is racist. The semantics of whether Mr. Algase's letter means "all" by his letter's use of the word "base" is immaterial. His initial statement, and subsequent posting wherein he was kind enough to add that bigots feel "at home" in the Republican party, are his own words. My letter was in no way a distortion. It was a restatement and a reasonable response based on his use of the word "base." There are certainly venues for such comments, I simply don't believe this is it. An apology is neither warranted nor forthcoming.

Christopher W. Basaman, Esq.

Dear Editor:
Robert Yang's reply (06/03/09 ID) to Michael Steinberg's letter (06/02/09 ID) captures the essence of freedom as guaranteed by the US Constitution, as well as highlighting the need for controlled and regulated immigration policies. While those policies undeniably need reform to conform to 21 century realities, they are pretty much in place right now as Mr. Yang's letter describes them. His letter recognizes that we cannot merely throw open our borders, but must regulate and control influx, allowing entry only to those whose presence will benefit American society. Apparently, although if he pays his fair share, he will be granted entry and accommodation, it appears Mr. Steinberg will be served no Kosher meals in Mr. Yang's house. He may instead get Longshin tea and a healthy noodle soup, with a little shia xau and shau mei on special occasions to make up for the lack of matzo balls. I'm sure that even in Mr. Yang's house, although not Kosher, eating pork would be optional, rather than mandatory. It just shows that there is a cost to everything and that while cultural and religious heritage and custom is wonderful, if a person wants to cling tightly to them in a new house, where things are different, perhaps he should have stayed home. With rights come responsibilities and I believe Mr. Yang's letter recognizes this. But I wonder at the statement, "... freedom of movement for survivals and better opportunities should be the very basic right of universal human rights." I don't believe unfettered free migration is good for America at this point in history. Perhaps a hundred and fifty years ago it was, but today, as an overpopulated magnet for Emma Lazarus' "The New Colossus," America needs restraints on free access simply because the economy will not support it.

David D. Murray, Esq.

Dear Editor:
I read ID because I get a kick out of reading letters to the Editor. Responding to Roger Algase's recent letter (06/02/09 ID), the democrats were the racist party before the Civil War to the 1960's. If the leftist brand of reform does happen, what will be done about the next wave of illegals? The 1986 amnesty accelerated the current problem. There are attorneys who feed on this problem for their profit. I too will go for the leftist brand if our government will: (1) withdraw citizenship for anchor babies born to all non-citizens. (2) stop illegal entrants and their offspring from ever getting citizenship (3) lower immigration quotas for countries sending illegal aliens (4) raise collateral and education requirements for entry (5) create a work permit for temporary foreign workers (6) cause employers to register and warrant their workers (7) eliminate all aid above emergency medical care (8) enforce all immigration laws (and expirations) and penalize employers (9) encourage private investment to build quality prisons in their country with a priority to house their own deported citizens. This revenue will help the local ecomomy and also give their relatives a better chance to visit. Citizens of genuine good will are now getting persecuted for their conservative philosophy.

Peter G.
Southern California

Dear Editor:
Mr. Murray's letter (06/02/09 ID) shows the very flawed concept of the laws of "the land", any communities or countries can make whatever laws they want or change any existing laws, but it doesn't mean those laws make sense, free from discrimination or meet universal justice standard. Will ones accept laws that discriminate their rights and freedom because they belong to the minority groups or because of their gender or sexual orientation? Will anyone support Sharia or any religious laws that support discrimination and persecution on those who don't believe in the mainstream faiths ? I don't think so. The majority voters in CA voted against same gender marriage but it doesn't mean that the majority has the rights to discriminate and persecute the minority rights. Mr. Steinberg's letter was indeed funny (06/02/09 ID) but not the funniest. A true Christian and Jewish should and can never be a xenophobe, because he must understand how the life was living as refugees, "illegal or legal" immigrants, strangers in diaspora and enduring so much persecution living in other lands. Hypocrisy indeed creates funny statements and letters. Complaining about OPEC monopoly but supporting protectionist trade and immigration laws to establish monopolies here at home, applauding and supporting East Germans "illegally" immigrated and jumped the Berlin wall to better opportunities and freedom to the West. The new worlds were actually established by illegal immigrants coming as colonists from Europe in North and South America, Australia and New Zealand and how quickly ones forget this shameful history and have a nerve to accuse others as illegal human beings just because they're trying to survive and trade their labor, goods and services for better wages in another lands?

Robert Yang

Dear Editor:
Robert Yang's letter (06/03/09 ID) fails to recognize the huge social costs of legalizaing over 12 million, largely of Latin America's underclass. People deficient in education, who over burden our legal system, hospitals, schools, and then seek up to par medical care and housing, who make mostly modest incomes, and may enjoy large families, are not hesitant in shifting the burden to the population at large.

Michael Steinberg

Dear Editor:
I'm responding to Mr Yang's letter (ID 06/02/09 ID), while I am usually not in agreement with Mr Yang's letter's views on immigration, this letter was well stated. If an immigrant can benefit all in the USA, pay their way, don't expect any welfare, and live by the rules of the land, immigration should be allowed. Unfortunately, Mr Yang's letter seems to ignore the fact the the majority of illegal immigrants who feel they have "rights" don't truly benefit anyone in the USA, often end up on welfare, try to impose their ways on the US (when last have you picked up a phone without having to listen to a translation in spanish), and yes, they do take jobs from American citizens. Be honest, if the government dished out less "welfare" to any and everyone as they do, those same lazy welfare recipients, when they get hungry, will gladly do the jobs many illegal immigrants now supposedly help us out by doing.

Linda Cogill

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. 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