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Immigration Daily

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Immigration Daily September 1, 2009
Previous Issues
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The MICE Are At Play

The Charlotte Observer reports that The U.S. government admitted in April that it had wrongly deported [a North Carolina] native, but newly released documents show that federal investigators ignored FBI records and other evidence showing that the man was a United States citizen. Since ICE refuses to show remorse over this horrendous occurrence, one must conclude that ICE does not believe in Blackstones formulation. Instead, ICE appears to take the converse position, held by such anti-American persons as Bismarck and Pol Pot that "it is better that ten innocent men suffer than one guilty man escape". ICE is using the fact that we are engaged in a war against the terrorists overseas as an excuse to prosecute a war against immigrants at home. The new officials of the Obama administration apparently are unaware of the perception on the ground about ICEs terrifying actions. ICE must be reined in, and its future efforts clearly focused on criminals and terrorists, not garden-variety dishwashers. As to its past efforts, the new managers at ICE would be well advised to severely punish those at ICE responsible for deporting US citizens.

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


Immigration Practice By Robert C. Divine

Immigration Practice by Robert C. Divine & R. Blake Chisam is an invaluable supplement to Kurzban's with a different approach. It is also useful to newer practitioners and paralegals in view of its easy to understand and practical style. For more info, see here. To order by fax, see here.


Deportation Prevented: Green Card Issued After 10 Long Years
Matthew L. Kolken writes "During the months leading up to trial we worked with the Governments lawyers, and convinced them that our client was not deportable and they joined in our request to grant our client his permanent Green Card."

The Next Generation of E-Verify: Getting Employment Verification Right
Doris Meissner and Marc R. Rosenblum for the Migration Policy Institute write "Employers need the best available tools if they are to successfully comply with requirements to hire only legal workers, an essential element in preventing future illegal immigration."

Bloggings On PERM Labor Certification
Joel Stewart writes "Service organizations that "get it" realize the need to align their interests with those of customers and other stakeholders."

To submit an Article for consideration, write to


USCIS Provides Interim Deferred Action Relief For Surviving Spouses
DHS Secretary Janet Napolitano, on June 9, 2009, announced that DHS would grant deferred action relief to surviving spouses of U.S. citizens who died before the second anniversary of their marriage.

USCIS On H2B Petitions
USCIS would like to clarify to associations and their members certain regulatory requirements for filing petitions for H-2B classification on behalf of foreign workers.


Help Wanted - Immigration Attorney
Miami, FL - Ira Kurzban seeks an associate who is an experienced brief writer and federal litigator in immigration matters to work in his firm's office in Miami. The lawyer should have excellent research, writing and analytical skills with at least 3 to 5 years of experience. Spanish speaking preferred. Forward your resume and two of your best written briefs or memoranda to or mail to 2650 SW 27th Avenue, Miami, FL 33133. Health + pension plan. Competitive salary based upon experience.

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.

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.


500 Groups Urge Obama To Halt Immigration Police Program
A coalition of advocacy groups sent a letter to President Obama last week demanding that the administration end a program that allows local police to enforce federal immigration law.

Border Patrol Sued By Illegal Immigrant's Family
The Mexican family of an illegal immigrant shot after threatening a U.S. Border Patrol agent is suing the federal officer who pulled the trigger as well as the U.S. government.

Florida Defendants Face `Double Jeopardy' In Immigration Court
Two legal U.S. residents were acquitted of terrorism-related charges in federal court, yet both were charged again for the same offenses in immigration court.

Congressman Kirk's Immigrant Blind Spot May Cost Him Dearly
And it turns out that the Latino and Asian voters who know Kirk the best, those of his home 10th Congressional District, just do not like him all that much.


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

New Appointment - EOIR
The Executive Office for Immigration Review (EOIR) announced that Robin M. Stutman has been appointed as General Counsel for EOIR.From August 1987 to August 2009, Ms. Stutman served in the Office of Special Counsel for Immigration-Related Unfair Employment Practices, Civil Rights Division, DOJ, as a special litigation counsel, supervisory attorney, and senior trial attorney. Previously, she was in private practice.


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

Dear Editor:
I wish to second David Murray's sentiments of August 27th. Yes, "America's immigration laws are outdated and do not accommodate 21st century realities. It is time for the reform of archaic concepts such as dual intent and abandonment of a permanent residence application without first seeking advance parole. It is time to streamline the system with state-of the art computer systems and software, comparable to those of the Internal Revenue Service and the US Patent and Trademark office." Even better if they used computer systems as good as my several year old ones at the office, which beat the pants of what Revenuers or patent officers use, or the poor saps who work in government provided health care, even the relatively good system at the VA. We need more people here, even poor ones, in order to maintain our far above par economic growth rates and our mushrooming entitlement system but, again, seconding Mr. Murray, immigration does come with costs. America "cannot throw open its borders to allow all who wish to come here seeking a better life than their country can [or will] offer." Unregulated immigration comes with even more costs. Compassion for other people's poor in the form of turning a blind eye to illegal immigration hurts our own poor. As the Wall Street Journal reported on August 22, in a story entitled Developing World's Parasites, Disease Hit U.S.: Researchers Say Infections Spread by Bug Bites, Larvae Are Flourishing Along Border and in Other Pockets of Poverty" poor areas of this country are becoming havens for diseases likely to kill far more poor Americans than Bird Flu, and these are diseases our physicians are not used to identifying, much less treating.

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
Responding to Mr. Murray's letter (08/31/09 ID), I think it defends embassy consuls even if it is clear that an erroneous review/decision has been made. There was a valid reason and proof that the marriage was null and void from the start as it was an incestuous marriage (between first cousins) and thus we didn't pay a few pesos to the Regional Trial Court to issue the annulment. It was obvious that the adjudicator was not very familiar with the decision submitted as she even advised the Beneficiary that a long process will have to be taken: annul the marriage between the Petitioner and the Beneficiary and remarry the Petitioner, when it was very clear that the marriage was legally null and void. Anyway, people at the U.S. Embassy in the Philippines are the authorities and seems like their decisions are always right.


Dear Editor:
M. Jacobs' 8/31/09 ID letter is entirely right about the pro-Irish bias in the early years of the diversity lottery program. This program, known as AA-1 ("AA" meaning "Adversely Affected" by the 1965 immigration law) was meant mainly as an amnesty program for illegal aliens from Ireland and other selected European countries. None of the normal grounds of exclusion, such as unlawful presence (which had not yet even been invented in those days), or even visa fraud, applied. If you were Irish (or Polish, or from one of the many other white countries on the list) and your name was picked, you got a green card - almost no questions asked. As I remember, there were only two countries in all of Asia on the list. Japan, which was still an economic powerhouse in those days, was one. Indonesia was the other. Maybe Congress thought that it was still a Dutch colony. There was not a single Sub-Saharan African country on the list, and, as I recall, there were very few from Latin America. I believe that Argentina, with its large white population, was one. I always wondered who could have been "adversely affected" by the 1965 immigration law, which was meant to eliminate racial discrimination, not perpetuate it. Then I read Jim Roberts' letters complaining about changing America's "ethnic mix" Now I know.

Richard H.

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