ILW.COM has learnt that House Majority Leader Armey's (R-TX) homeland security legislation differs from President Bush's plan by splitting the INS and shifting only the agency's enforcement and border protection services to the new Department of Homeland Security. Immigration services would remain at the Justice Department under Rep. Armey's legislation. Immigration advocates who have toiled for decades on what was regarded as an exotic, little-noticed part of the political debate have now to get used to the fact that immigration is at the heart of political discussion in America today.
Overview Of The Immigration Process
Immigration lawyers spend much time on the ever-changing rules of eligibility for visas, permanent residence, and citizenship. But at the heart of immigration practice is the process for obtaining and keeping these benefits. ILW.COM has invited Robert Divine to present a seminar series on the immigration process. Mr. Divine is the author of Immigration Practice, a well-respected, readable, 1,400 page handbook treatise on all aspects of immigration law that was just published in its 2002 (8th) edition, available at www.jurispub.com/books/immi.htm. Mr. Divine is the recently re-elected Chair of the 5 state "MidSouth" chapter of the the American Immigration Lawyers Association, and he is known for his no-nonsense, highly practical approach to discussing how to handle immigration problems.
This series would be a particularly good opportunity for attorneys and their paralegals efficiently to listen together as a training tool, and perhaps serve as a springboard for further in-house discussion and training about particular problems. Of course, it will be extremely helpful for relatively inexperienced immigration lawyers, and even experienced immigration lawyers will find Mr. Divine's overview of the process to be a helpful review.
For a detailed seminar course outline and syllabus, click here.
For more info, or to sign up online, click here.
For more info, or to sign up by fax, click here.
The ABCs of Immigration - O-1 Visas
Greg Siskind and Amy Ballentine write about O-1 visas.
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Immigration Law News
BALCA Says Job Is Unskilled For Application For Domestic Cook
In the Matter of Maureen Hanley-Lynch, 2001-INA-47 (BALCA, May 22, 2002), the Board of Alien Labor Certification Appeals said the employer provided insufficient evidence to explain what the Domestic Cook would do all day, and that the job duties to be performed did not appear to require a 40 hour week, and that it appeared that the job fell into the unskilled job category of general houseworker, and that for the above reasons, the labor certification application mischaracterized the position offered.
IJ's Failure To Address Alien Individually In Deportation Hearing Is Violation Of Due Process
In US v. Ahumada-Aguilar, No. 96-30065 (9th Cir. Jul. 1, 2002), the court held that the Immigration Judge's failure to address Defendant individually in order to obtain an express statement that he wished to waive his right to counsel knowingly and intelligently, and the Immigration Judge's errorneous statement of law regarding Defendant's waiver of his right to appeal, violated his right of due process; and that Defendant was prejudiced by these due process violations, since, with assistance of counsel, he would have had the opportunity to present evidence that he was entitled to relief from deportation after he had exhausted an appeal from the derportation order; and that because of the foregoing, his deportation in 1991 could not be used to support his conviction for illegal reentry.
No Procedural Due Process Under 212(c) Since Since Attorney General's Discretion Is Not Limited Under 212(c)
In Smith v. Ashcroft, No. 01-2004 (4th Cir. Jul. 1, 2002), the court held that the district court had habeas jurisdiction over Petitioner's petition since he was in custody at the time he filed the petition, and that his due process claim failed since he had no liberty or property interest in a discretionary waiver of deportability under former section 212(c) since it did not limit whatsoever the Attorney General's discretion to waive deportability and in no way created an entitlement to a waiver of deportation.
Court May Enjoin Removal Injunctively Pending Appeal Of Habeas Petition
In Majaraj v. Ashcroft, No. 01-15703 (9th Cir. Jul. 2, 2002), the court held that 8 USC 1252(f)(2) does not apply to motions for injunctive relief pending appeal of habeas corpus decisions.
EOIR Interim Operating Policies and Procedures Memo
The Chief Immigration Judge issued a memo on Protectice Orders and the Sealing of Records in immigration proceedings.
Senate Bill On Border Commuter Students
Some Senators made statements on a bill for Border Commuter Students.
President Bush Commended For Immigration Action
Rep. Hastings (D-FL) commended President Bush on his order to expedite naturalization of aliens serving in the armed forces.
Polish President's Remarks On Polish Immigrants To US
In remarks at a joint appearance with President Bush, the President of Poland said "about 10 million of U.S. citizens today can be proud of their Polish roots. It is the most numerous concentration of Polish immigration and people of Polish origin in the world, and, at the same time, the 6th largest ethnic group in the United States."
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US Needs Mexican Workers
The Tuscon Citizen says "The United States profits from the presence of illegal immigrants but forces them to go through hell to do what they want to do and what we need done."
600 Immigrants Held Secretly
The Detroit Free Press reports "More than 600 immigrants nationwide have been jailed and subject to secret immigration hearings since Sept. 11, according to new Justice Department statistics. The numbers, in a department letter written to U.S. Sen. Carl Levin, D-Mich., are the first accounting of the magnitude of closed-door legal proceedings conducted as part of new, sweeping anti-terrorism laws, civil rights advocates said Wednesday. The numbers, they say, raise questions about how well the government has targeted its terrorism probe and whether hundreds of people have been deported without due process."
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Letters to the Editor
Congratulations on publishing the always thoughtful Gary Endelman in today's
issue. I find that his proposals for improving the US employment-based
immigration "system" (using the term loosely) are simple and sensible and I
am urging my clients to support them.
Elise A. Healy
Baker & McKenzie
I think Jose Latour's smirking "review" of the CIS
report does not meet the standard of your typical
It's becoming obvious that you allow Mr. Latour to
vent his personal opinions in the guise of articles,
past and present. That's all this was: a personal
Unfortunately, Mr. Latour is just as guilty of not
being "objective" as he accused CIS to be. Instead of
summarizing certain sections of the report to let us
know what it's abll about, all he did was to quote
sentences out-of-context and attack the author ad
hominem. Editor, why wasn't a link provided to this
report or let the reader know where to get it? How am
I going to just trust Mr. Latour's biased
representation of what the report was about? I also
felt the ":)" and "he-he's" were cheap shots and
Mr. Latour forgets to mention that he is just as
biased on the pro-immigration side as the CIS is
allegedly anti-immigration. Immigration lawyers are
definition biased: they're advocates for immigrants;
otherwise they would make no money.
Liem Doan, Esq.
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