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Immigration Daily

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Immigration Daily July 28, 2009
Previous Issues
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The Birthers

A bizarre group of people who question Mr. Obamas eligibility to serve as President have now created sufficient noise to get noticed by many news organizations. We have been tracking this group of conspiracy theorists, now called The Birthers, since their inception, and will likely return to this issue in a future Comment. For now, we refer our readers to three links:

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


Asylum For Beginners

ILW.COM is pleased to announce a new 3-part telephone seminar series "Asylum For Beginners, with speakers Jeff Joseph (discussion leader), Andres Benach, Ally Bolour, H. Raymond Fasano, Regina Germain, Ilana Greenstein and Thomas K. Ragland. The curriculum is as follows:

FIRST Phone Session on July 29: Preparing A Well-Developed Asylum Claim

  • Preparing the client affidavit/declaration: How long should it be?
  • Defining the class of persecution: One theory or many?
  • Establishing the motive of the persecutor: What does one central reason mean?
  • How do you establish the harm? Emotional harm? Economic harm enough?
  • Dealing with the one year deadline: How do you establish changed or exceptional circumstances?
  • What sources should you use to establish country conditions?
  • Working with experts: Do you need one? How do you find them and which do you use?
  • Medical forensics evaluations: Are they helpful?
  • Authentication of documents: What are the requirements?
  • What is the attorney's role at the interview?
  • Late breaking items
SECOND Phone Session on August 26: Defending the Asylum Claim in Immigration Court
  • How to deal with dual nationality
  • Firm resettlement: Is there a way around this?
  • Material support bar: what constitutes material support? How to establish duress
  • Extortion vs. Persecution
  • Corroboration: is it required? Dealing with REAL ID
  • Dealing with credibility:
  • Challenging DOS letters
  • Challenging adverse authentication or forensics findings
  • Admissibility of Asylum Officer assessments
  • Late breaking items
THIRD Phone Session on September 23: The Ever Changing Dynamic of Social Group Claims
  • FGM
  • Sexual Orientation claims
  • Domestic Violence: Matter of R-A-, where are we now?
  • Gang cases: Are they winnable? Matter of S-E-G-
  • Family as a social group
  • Family planning claims
  • Late breaking items
Tuesday, July 27th 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.


Post-Conviction Relief In California After Kim And Villa
Norton Tooby writes "This article will evaluate the state of post-conviction relief in California, in the aftermath of the California Supreme Court's March 16, 2009 decisions in People v. Kim and People v. Villa."

Scrap Labor Certification
Mark E. Nerenberg, Esq. writes "A frustrated Labor Department sometimes lashes out at the attorneys, or the immigrants, or both, alleging a built-in bias on their parts that could affect the "good-faith recruitment" it wants to see from the employer."

Bloggings On PERM Labor Certification
Joel Stewart writes "The Immigration procedures for Sheepherders (an important part of American history, culture and economy) are complex and have always merited special attention by the U.S. Government."

To submit an Article for consideration, write to


USCIS Announces 18 Month TPS Extension For Somali Nationals
USCIS announced that DHS will extend Temporary Protected Status (TPS) for nationals of Somalia from its current expiration date of Sept. 17, 2009 through March 17, 2011.


Help Wanted: Immigration Attorneys
Midtown Manhattan - Boutique law firm seeks two attorneys: 1) Senior attorney with 3-7 years experience to manage own caseload of employment-based immigrant and non-immigrant visa petitions for a wide range of professionals, including research scientists, artists/designers, athletes, IT professionals, etc, family-based petitions, motions & EOIR matters. May also handle some litigation matters. 2) Junior attorney with 1-3 years experience to assist Senior attorney with business & family immigration matters and handle personal injury/no fault and matrimonial litigation. This position requires admission to NY Bar; admission to NJ Bar is a +. Both positions require great initiative and follow-through, as well as excellent writing and interpersonal skills. Ideal candidates will have graduated in the top 1/3 of their class and have Journal experience. Salary DOE. Please email cover letter and CV to

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.

J-1 Visa Program
Discover the ease and flexibility of the J-1 Visa with Global Current, a service of AIESEC U.S., a leader in international exchange and professional training for over 50 years. Unlike other visas, the J-1 does not require a lengthy petitioning process, has few restrictions and can be processed at any time of year to facilitate the quick and simple implementation of an Exchange Visitor Program. Global Current has developed a streamlined sponsorship process supported by J-1 experts that allows us to maintain an unrivaled 48 hour turnaround time on complete applications. Global Current provides J-1 Trainee and Intern programs in a variety of occupational categories including law, engineering, finance, architecture, graphic design, marketing and fashion. For more information on eligibility requirements and a complete list of occupational categories, visit or email Melany Hamner at


Footing Illegals' Health Care
At a time when Democrat leaders are pushing rationed care in a world of limited resources, Americans might wonder where the call for shared sacrifice is from illegal alien patients like those in Los Angeles getting free liver and kidney transplants at UCLA Medical Center.

Legal Residents Await Driver's License Ruling
Like thousands of other legal Texas residents, Tercero is waiting for court rulings in two cases that seek to stop rules linking driver's licenses to immigration status.

Illegal Status Gives Harvard Grad Few Options
Alan is among a growing number of students who have climbed to the country's highest academic echelons only to find themselves mired in the rancorous national debate over illegal immigration.

Run Amok
The raids were supposed to be a hunt for gang members and other dangerous criminal fugitives, but two-thirds of those arrested were happenstance targets Latinos with civil immigration violations.


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

Dear Editor:
The Empty Country comment (07/27/09 ID) asserts that America in underpopulated solely on the basis of an evaluation of population density figures, but overpopulation does not depend only on the size or density of the population. It depends also on the ratio of population to available sustainable resources, and on the means of resource use and distribution used by that population. If a given environment has a population of 10 individuals, but there is food or drinking water enough for only 9, then in a closed system where no trade is possible, that environment is overpopulated. The resources to be considered when evaluating whether an ecological niche is overpopulated include clean water, clean air, food, shelter, warmth, and other resources necessary to sustain life. The availability of jobs is a major consideration also, particularly now with unemployment figures approaching all time highs. And if the quality of human life is addressed, additional resources need to be considered, such as medical care, education, proper sewage treatment, and waste disposal. Moreover, overpopulation places competitive stress on the basic life sustaining resources, leading to a diminished quality of life - and don't underestimate the violent consequences of stress from overpopulation, such as road rage.

Nolan Rappaport, Esq.

Dear Editor:
The debate over race will never be resolved. Some see race as the motive for all action. OJ Simpson successfully played the "race card" and was acquitted. Some see Sheriff Joe as a raciest, some as a patriot. While he may appear heavy-handed to some, others applaud him for protecting the community from a growing concern illegal immigration. Lawlessness breeds lawlessness and vigilantism, while the likes of Sheriff Joe and the Minutemen purport to operate with the law. When will the carrot of opportunity fall from the stick of enticement and when will rampant illegal immigration end if America does not enforce its laws? No matter the arguments pro and con illegal immigration and 287(g), illegals are breaking the law. Most are "brown skinned" - most are poor. Many use the welfare system, some clog our jails and prisons remaining on the bottom rung of society, while many work hard, providing cheap gardeners, nannies, housekeepers, fruit pickers and factory workers - responsible people who are trying to make a standard of living their home countries deny them. That does not excuse breaking the law. I received interesting statistics today, published by the office of Mike Antonovich, Supervisor 5th District of the County of Los Angeles, which reports that in 2008, the total paid by Los Angeles County to illegal immigrants through the CalWORKs and Food Stamps welfare programs was $449,956,938 a staggering number. LA County may be able to absorb these numbers, but what about small communities in Kentucky, Indiana or New Jersey whose welfare systems are pushed to the brink of bankruptcy because of the flow of illegals who take away jobs in their communities? America needs immigration reform (not CIR buzzword for Amnesty) and we need enforcement of the law, which includes penalties, not rewards, for violating it.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Just writing to announce that we have finally filed official recalls on Maricopa County Sheriff Joe Arpaio and Maricopa County Attorney Andrew Thomas. We are going to let the nation and world know that the image of ignorance and hate that Joe Arpaio, Andrew Thomas, Pierce, Bob Burns et. al. have sent out from Arizona is a false one. Arizona, will hence forward be a state known for Love, humanity and justice. The image of our state is very important in that the above individuals and their thuggish accomplices hope to discourage nice people from moving to Arizona and instead attract those that physically threaten and hate those that disagree with their un-constitutional and anti-human rights behavior. In this way, these elected "haters" will ensure themselves never getting out of elected office. Because those that hate the constitution and civil rights and support Joe Arpaio will out number those that support the constitution at the ballot box. We should thank all those politicians like Phil Gordon who stand against hate and racism especially knowing that their going to be threatened by these racist thugs who constantly threaten and intimidate with violence. The racists and the un-constitutional thugs will no longer rule our Maricopa County nor our beautiful state of Arizona. Please, help us any way you can whether through prayer, signing one of our petitions or helping circulate them and getting other people to sign them. We have almost no funding except for pennies to print the tremondous amount of petitions it will take to get these two thugs recalled so please donate whatever you can no donation is to small to help fight for the constitution, human rights and justice here in Maricopa County Arizona.

Reverend Robert McDonald Vice-Chair

Dear Editor:
Roger Algase's letter (7/22/09 ID) dismissed a study by the CIS (Center for Immigration Studies). After a looking at CIS' website, I assume he was referring to a report ("Backgrounder") entitled "The Environmental Argument for Reducing Immigration to the US", published in June, 2009. After a review of the report, it seems to me the point of the report was to make a link between immigration, population growth and its negative impact on the environment. And it seems pretty well established that immigration is the primary "driver" of population growth in this country. In a report on 2/7/08, the Pew Research Center said, in part: "If current trends continue, the population of the US will rise to 438 million in 2050, from 296 million in 2005, and 82% of the increase will be due to immigrants and their U.S.-born descendants". It also seems pretty well established that population growth puts more of a strain on the environment, wherever it occurs and regardless of the composition on the population growth.

John H. Frecker
Baileyville, ME

Dear Editor:
When will the general public understand that bigotry is an essencial tool for the group of anti-immigration. I may say have lived in this country more than my own country Panama and can assure you even though some of the local considered me white but can never imagine that my ethnic is "Latino". I do not know the deception of what it is not to go anywhere in the USA because I never felt it. But if my skin was brown I can asure you repercussion of many types would have followed. This is just in a small scale of living.

Gladys C. Farris

Dear Editor:
ID's Comment: "The Empty Country" (all references to 7/27/09 ID) absurd "logic" regarding relative population densities would decree that we should have the same statistics as NYC and other similar polyglot populations who lack the prudent policies of limited, selective entry. Because space is available doesn't mean it should or can be packed with matter or people as the very Universe and other reality attests. The concept of carrying capacity and other parameters, including water, etc., dictate optimum numbers as well as should the desires of the existing population, not an arrogant, presumptuous open border lobby. The latter disserves the immigration cause by such extreme dogma and inflammatory language towards those who advocate limited, responsible and prudent entry policies. Exhibit A would be R. Algase's letters which often flee from logic, using such extreme language as "racial profiling, sadistic, psychopathic, humiliating, victims and concentration camp" in describing Sheriff Joe Arpaio's jail policies which people in Arizona love as Juan's letter attests. If it is primarily "brown skin" people who are breaking our entry laws and others, they are who should be in jails. RA's letters are distorted by living in NYC and inability to see matters in any other context than racism when it is often merely free choice which is what America is supposed to be about. Are people who live in gated communities or invite a limited number to a party racist or are these simply matters of free choice?

Jim Roberts

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