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Editor's Comments
Experience has shown that free markets go through cycles: up and down. Lately, business
immigration is experiencing a down cycle, family immigration cases are steady, and deportation/litigation business is
exploding, thanks both to the increased enforcement and to the surge of
denials issuing from the BIA. Many law firms had gotten accustomed to a
large stream of revenue from business immigration, and these firms are now
suffering, particularly those who had hitched their fortunes to the
technology industry. Experience with previous down cycles in other
industries demonstrates that the best business strategy during a downturn
is to hang in there. Of course cost reduction is a must to survive, but the
rewards come when the market turns around and expansion begins. During expansion, those who hung in there are very often the ones to reap the largest rewards, while those who exited the market during the down cycle, must fight their way in again. Business immigration practioners would do well to heed
this time-honored practice of dealing with downturns. What is striking and different in
this particular downturn is that the overall economy and hiring are not the only areas that are in the dumps -- attorneys' spirits are also down. In attempting to mobilize for a war against the terrorists, the government appears to be mobilizing for a war against immigrants instead. This creates an atmosphere of distrust and frustration, resulting in attorneys' spirits to be down along with their businesses. Despite the current doom and gloom, we remain optimistic. The fundamental realities of the American economy point to an increased role for immigration in the future -- hanging in there appears to be the best policy.
ILW.COM Focus
Curriculum for "Immigration Consequences of Criminal Convictions: Problems,
Solutions and Best Practices"
The following is the curriculum for "Immigration Consequences of Criminal
Convictions: Problems, Solutions and Best Practices"
FIRST Phone Session on January 23: What is a "conviction" and how to avoid
its immigration consequences?
- How does the INA define "conviction"?
- How do the BIA and courts interpret "conviction"?
- Exceptions: Are there any exceptions?
- Diversion and deferred adjudications
- Expunged convictions and Federal First Offenders Act (FFOA)
- Juvenile/youthful offender offenses
- Vacations
- Pardons
Hypo: How can a conviction be avoided (pre-plea diversion), and what ways
exist to render a conviction ineffective for immigration purposes?
SECOND Phone Session on February 13: How to analyze the immigration
consequences of a given conviction?
- Determine the elements to be proved under a state or federal criminal
statute
- Determine the range of immigration violations triggered by a
conviction having such elements
Hypo: Conducting a pre-plea consultation with criminal defense counsel
- Determine the parts of the record of conviction that will be examined
later
- Construct a "safe plea" to a harmless statute or to a harmless
provision of a divisible statute
Hypo: Applying the analytical method: selected grounds for deportation for
analysis
- Crimes of domestic violence
- as a crime involving moral turpitude (CIMT)
- as a crime of violence
- as a crime of domestic violence
- Possession of a controlled substance
- as a controlled substance
- as an aggravated felony
- Fraud
- as a CIMT
- as an aggravated felony involving a loss over $10,000
THIRD Phone Session on March 20: Relief from conviction-based deportability
under the immigration laws and what post-conviction actions may be needed
to establish eligibility?
- Relief from removal in immigration court. Eligibility for asylum,
Violence Against Women Act (VAWA), cancellation and other relief
- Post conviction relief in criminal court
- Vacating guilty pleas
- Modifying sentences
Hypo: How can a conviction or sentence be ameliorated to avoid
ineligibility for relief from removal?
For more info, including detailed curriculum, speaker bios, and
registration information online, click here.
For more info, including detailed curriculum, speaker bios, and
registration information by fax, click here.
Featured Article
The Veerapol Decision: Law Informed By Compassion
Christine Flowers writes about how the Veerapol decision underscores the difficult situation in which many immigrants find themselves in this post 9/11 climate.
Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here: http://www.ilw.com/seminars/
Immigration Law News
DOL Issues TEGL 12-02 For Guidance On H-2Bs In Landscaping Industry
The Employment and Training Administration of the Department of Labor issued
TEGL 12-02,
a guidance letter to provide clarification to State Workforce Agencies (SWA) with regard to the processing of H-2B temporary applications for some jobs in the landscaping industry.
INS FY 2003 Budget Summary
The INS of the Department of Justice released its fiscal year 2003 budget summary, including: a ten-year display of budget authority and positions, the FY 2002 account structure - old 104, the FY 2002 account structure - new 105, a summary of requirements, total funding summary by program, immigration enforcement, immigration services, and support and administration.
INS Announces New Rule for the Adjustment of Status of Certain Nationals from Vietnam, Cambodia, and Laos
The INS released a press statement about a final rule that became effective December 26, 2002 that will provide for permanent resident status to as many as five thousand eligible individuals from Vietnam, Cambodia, and Laos.
Review Of The Merits Renders Habeas Claim Moot
In Suarez v. Rooney, No. 02-6170 (4th Cir. Jan. 6, 2003), the court said that Petitioner's petition for review on the merits of his removal proceedings based on his claim of US citizenship renders his 28 USC 2241 habeas petition moot.
Substantial Evidence Supports BIA's Denial Of Asylum
In Cetin v. INS, No. 02-1315 (4th Cir. Jan. 6, 2003), the court said that substantial evidence supported the Board of Immigration Appeal's and Immigration Judge's conclusion that Petitioner failed to establish a well-founded fear of persecution necessary to qualify for relief from deportation.
Police Narrative Is Reliable Information Supporting Upward Departure
In US v. Villalobos-Cuellar, No. 02-1923 (8th Cir. Jan. 6, 2003), the court said the district court did not abuse its discretion by departing upward in sentencing Defendant for illegal reentry following deportation since the basis for departure rested on reliable information obtained from police narrative, and this was the type of document that one would expect to contain truthful statements, and Defendant's criminal history category did not accurately summarize his past conduct or take into account the likelihood of recidivism.
Specific And Cogent Statement By IJ Not Overcome In Asylum Appeal
In Matovu v. INS, No. 02-1495 (4th Cir. Jan. 6, 2003), the court said the Immigration Judge's articulation of points on which Petitioner's credibility was questionable were specifically and cogently stated and said that the evidence did not compel a finding of fear of persecution.
INS Employees' Fear Of Reprisal Slams Immigration Services
The Houston Chronicle reports "... medical administrators and immigration
lawyers across the country report the INS has all but slammed the door on
the prized O-1 visas, leaving physicians ... and the communities that
depend on them in legal limbo. Many immigration experts believe it's a
backlash that has less to do with security than with INS employees' fear of
reprisal."
Failure In Immigration Policy Is That Willing Workers Cannot Meet Employers Willing To Hire Them
An editorial in the Arizona Republic refers to "evidence of the failure of
an immigration policy that attempts to prevent Mexican laborers from
entering a country and then rewards them with work once they arrive" and
calls for "a sane and humane policy that facilitates the safe, orderly
movement of Mexico's supply of willing workers to meet America's continued
demand for their labor."
Demand For Labor, Not Family Ties, Is Source Of Immigration
The Denver Post reports "the most powerful factor in creating waves of
migrants - trumping all others - is demand for their labor. A study
released last month by Northeastern University found that 8 million
immigrants had joined the labor force between 1990 and 2001, accounting for
half of the new wage earners."
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Classifieds
Labor Certification Advertising
Do you place labor certification advertisements on behalf of your clients? USADWEB, LLC is the premier ad agency designed with the immigration attorney’s needs in mind. Our job is to make your job easier. Our knowledgeable staff has experience with all types of recruitment media including newspapers, journals, Internet, college recruitment and more. We will provide you with expert guidance on placing advertisements and the lowest costs available from any publication. We offer one stop service and accountability for the entire advertisement recruitment effort. Our job is done only when we have mailed your client’s tearsheet or affidavit to you. You can leave the worrying to us. Reduction in Recruitment (RIR) Advertisements: We will help you establish a recruitment pattern that is acceptable to the Department of Labor (DOL). Simply describe your advertisement needs to us, and we will work hard to satisfy those needs. We offer a wide range of services and bring to the table expert knowledge in DOL compliant advertisement. We work with you to help assure your certifications. Have you been asked to re-advertise based on industry layoffs? With only 35 days to respond to the DOL, you need tearsheets quickly. We make these situations simple and easy for you by providing prompt, efficient service and aggressive follow-up with publications to help ensure you get what you need to complete your case in timely fashion. Regular Labor Certification (RLC) Advertisements: Labor issues are constantly changing. With layoffs prevalent in many industries, many attorneys are turning to the regular labor certification process once more. Our knowledgeable staff can assist you in reviewing SWA (SESA) advertising instructions and placing advertisements. We will proofread your advertisements and place them promptly in the next available publication as SWA instructed. Give us a chance to handle your clients’ recruitment needs. We will impress you! Please visit our website at: http://www.USadWEB.com. For more information, please contact us via email at: howard@usadweb.com or call us at 1-866 USADWEB (1-866 872-3932).
We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
For information on advertising in the classifieds please click here
For a listing of current immigration events please click here
For services/products of use in your law practice please click here
Letters to the Editor
Dear Editor:
Amen to your Jan. 7th comments. What a horrible joke! I look like an fool and my clients
get made a fool of!
Name Not Supplied
Dear Editor:
Many of us that practice immigration law are zealous about providing
competent advice and representation to our clients, albeit within the
confines
of the current law. We are pro-immigration minded, but understand that
there are justified reasons behind new and proposed laws (i.e. special
registration).
You would do a service to your readers and publication by eliminating the
sarcasm and extreme liberal ideas in your editorial comments. More
specifically, your Jan. 7th comment that "it would be hilarious that some
at the DOJ seriously believe that a terrorist will step forward and be
registered" is wholly inappropriate.
There are obvious reasons for registration purposes, and yes, security does
need to be improved in this country. Try to keep that concept in mind
before ridiculing our governmental attempts at the same. No process is
ever
perfect from its inception.
Kendra L. Bunn, Esq.
Jacksonville, Florida
Dear Editor:
Obviously, New York Mayor Bloomberg wasn't paying attention after the
last amnesty was granted. The problem wasn't "solved" and won't be
solved by another amnesty. Anyone with a single functioning braincell
knows that rewarding people for breaking the law does not discourage
other people from breaking that same law. If it did there would be no
need for another amnesty because there would be no illegal alien
problem. I noticed that there has been no response to the individual who
asked when, if ever, there will be justice for those people who follow
the rules yet wait years to get their families here. These are US
citizens but there are no letters to the editor of the New York Times or
front page stories about these people. Also, I would love to know where
the information comes from that is trumpeted from the rooftops that
illegal aliens only take jobs that US workers won't do. With the
unemployment rate at about 6% I seriously doubt that a US worker would
turn down a job such as the airport worker who was recently arrested for
using false documents. I know many people who would love to make the
salary she was making. Actually, I know where the (mis)information comes
from. It comes from those who will do or say whatever necessary to get
what they want, another blanket amnesty. Of course this will need to be
repeated in the next 10-15 years because by then we will have millions
more illegals who were encouraged to sneak across the border knowing
full well someone will lobby for yet another amnesty to "solve" the
problem. There is an old saying, "those who do not learn from the past
are doomed to repeat it". Does anyone see a pattern here?
LL
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 editor@ilw.com. Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.
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