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Immigration Daily August 7, 2008
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Comment

Your Community Is Growing

We are pleased to report that the circulation of Immigration Daily has crossed 34,000 subscribers. This event is post-merger (with Immigrants Weekly), in other words, it is a result of organic growth. We thank all our loyal readers who have helped us reach this milestone. As the Immigration Daily community continues to grow, we look forward to crossing many more milestones in the future together with our readers.

We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.


Focus

Relief From Removal: A Definitive Manual For Winning Cases

The following is the table of contents for this definitive work which is now being shipped:

  • Chapters: Removal proceedings; Grounds of deportability; Grounds of inadmissibility; Contesting removability; Adjustment of status; Waivers of inadmissibility and deportability in Removal proceedings; Section 212(c) and Cancellation of Removal for Lawful Permanent Residents; Cancellation and Suspension for Non-Permanent Resident Aliens; Asylum, Withholding of Removal and protection under the Convention Against Torture; Voluntary departure; Naturalization as a defense to Removal; Administrative review of Removal Orders; Judicial review of Removal Orders
  • 23 Appendices include: Sample cover letter and instructions for requesting a FBI criminal record check; Sample Motion to Suppress; Sample Motion to Dismiss; Sample Brief in Support of Motion to Terminate Removal Proceedings; Sample Motion to Terminate to Proceed on an Application for Naturalization Pursuant to 8 CFR 1239.2; Sample Notice of Appeal from a decision of an Immigration Judge; Sample Motion for Extension of Time to File Brief to BIA
  • CD-ROM has 600+ important documents including: key BIA & Federal cases, selected USCIS/ICE memos and DOS cables, forms from USCIS & EOIR, relevant regulatory sections from 8 CFR & 42 CFR, significant statutory provisions from the INA, 18 USC & 28 USC, Links to informative internet resources, etc.
For more info, and to order, please see here. For the fax order form, see here.


Article

Proper Invalidation Of A Labor Certification By DHS, DOL Or DOS
Richard W. Chang writes "For the past few years, many labor certificates and visa petitions have been improperly invalidated and revoked for the simple reason that notice was never given to the sponsoring employer."

Bloggings On Immigration Law And Policy
Greg Siskind shares the latest entries as of August 7, 2008 on his immigration law and policy blog.

To submit an Article for consideration, write to editor@ilw.com.


News

ICE Brochure And Fact Sheet On Scheduled Departure
U.S. Immigration and Customs Enforcement (ICE) published a brochure and a fact sheet on its Scheduled Departure Program. See the brochure here and the fact sheet here.

DHS On Laptop Searches At Border
DHS Leadership Journal blog post answers questions about laptop searches at the border.


Classifieds

Help Wanted: Immigration Paralegals
Reston, VA - Feeling undervalued? Goel & Anderson, LLC, seeks experienced business immigration paralegals to provide professional services to its clientele, composed of Fortune 1000 corporations and leading multinational firms. Our compensation and benefits package is commensurate with top-tier law firms, with no billable hour requirement. We offer family-friendly work hours (with little/no OT required), attorneys who are easy to work with, business-casual dress policy, fully paid health/dental/vision insurance premiums, 401(K) plan with generous match, free parking, and occasional additional perks (this year, our entire staff, along with spouses/significant others, was treated to a paid vacation at the Atlantis resort in the Bahamas). Ideal candidates will have 4-6 years of experience as a business immigration paralegal with a top tier law firm or in-house corporate immigration team, coupled with undergraduate degree, excellent organizational and communication skills (both written and oral), and ability to work independently. Please apply with resume, cover letter, + salary req. to careers@goellaw.com or fax to (703) 796-9232. All submissions kept confidential. No phone calls please.

Help Wanted: Immigration Paralegal
New York, NY - A downtown Manhattan immigration law office seeks associate/senior paralegal. Prepare NIV & IV/consular applications. Experience with O-1 visas for artists preferred. Handle billing, calendar deadlines, client queries. Good writing skills essential. Use ImmPro, Access, Excel. Must be able to multi-task. Own office. P/T possible. Japanese language skills a plus. Email resume to lawyersinternational@gmail.com.

Help Wanted: Immigration Paralegal
Los Angeles, CA - Stone & Grzegorek LLP, an immigration law firm in downtown LA, seeks an experienced Paralegal. Candidates should have 5+ years experience in immigration practice. The position requires attention to detail and a team work ethic. Stone & Grzegorek LLP offers work in a pleasant environment with a supportive team and excellent compensation and benefits plan. Please submit your resume to Candice@lskglaw.com.

Help Wanted: Immigration Attorney
San Bernardino, CA - USCIS Office of the Chief Counsel (OCC) seeks an experienced attorney for the position of Associate Regional Counsel, USCIS OCC, Western Region. Responsibilities include, but are not limited to, serving as an attorney providing on-site legal advice to the local District Office USCIS personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security, providing litigation support to U.S. Attorneys' Offices on cases arising from local District adjudications, consulting with USCIS; responding to inquiries from the private sector; providing legal opinions on cases involving criminal aliens; and preparing USCIS' brief to the BIA on visa petition appeals. J.D. degree, active bar membership, and 2+ years of post J.D. experience required. Immigration law experience, background in federal litigation, excellent academic record, and strong writing skills preferred. For full details enter COU-CIS-2008-0008 here. Applicants must submit (1) resume , (2) writing sample (10 pps. max), (3) references, (4) cover letter to Kelli.Duehning@dhs.gov. All submissions must be received by close of business on August 8, 2008. GS-13/14/15, position open until filled. No relocation allowance offered.

Help Wanted: Immigration Attorney
Dallas, TX - USCIS Office of the Chief Counsel (OCC) seeks an experienced attorney for the position of Service Center Counsel at the Texas Service Center. Responsibilities include, but are not limited to, providing legal advice to the TSC personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security, writing visa appeal briefs and providing litigation support to the U.S. Attorney's office on cases arising from Service Center adjudications. Applicants must possess a J.D. degree, be an active member of the bar (any jurisdiction) and have at least one year of post J.D. experience and be a US citizen. Need to complete a background security investigation before being appointed. For full details enter COU-CIS-2008-0007 here. Applicants must submit (1) resume , (2) writing sample (10 pps. max), (3) references, (4) cover letter to William.Craig@dhs.gov. All submissions must be received by close of business on August 8, 2008. GS-13-15, position open until filled. No relocation allowance offered.

Help Wanted: Immigration Paralegal
San Francisco, CA - Weaver Schlenger & Mazel, a nationally respected immigration law firm, seeks senior immigration paralegal. 4+ years of employment based immigration experience and excellent verbal, written and organizational skills required. Collegial atmosphere, 401k, health and dental. Opportunity to work directly with partners and train junior paralegal staff on sophisticated corporate and research institution cases. Send cover letter and resume to: jobs@weaver-schlenger.com or fax to: (415) 395-9372. No phone calls please.

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 www.inszoom.com/websites or contact a sales representative at (925) 244-0600 to start the process of launching your new website today.


Headlines

City Holds Hearing On Immigration
In 1985, Mayor Harold Washington, protesting the government's decision to question the immigration status of people seeking city services and to search city records in an effort to find undocumented immigrants, issued an executive order forbidding city employees from enforcing federal immigration laws.

It Is Not The Enforcement Stupid
The report's conclusions are not supported by the report itself.

A Conservative Argues For Immigration Reform
Conservative Republican Tamar Jacoby, who has become one of the nation's leading advocates of immigration reform, says everything ultimately comes down to the economy.

62 Caught In Immigration Sweep
A five-day sweep of immigration violators and fugitives in Southwest Florida has netted 62 arrests.


comingsNgoings

Readers can share their professional announcements (100-words or fewer at no charge), email: editor@ilw.com. Readers interested in learning about featuring your event or conference in Immigration Daily, see here. To feature your newsletter in Immigration Daily, see here.

Immigration Book
"Metropolitan Migrants: The Migration of Urban Mexicans to the United States" by Ruben Hernandez-Leon , University of California Press, 272 pp., ISBN: 0520256743, $21.95 http://www.amazon.com/Metropolitan-Migrants-Migration-Mexicans-United/dp/0520256743/


Letters

Readers are welcome to share their comments, email: editor@ilw.com (300-words or fewer preferred). Many letters to the Editor refer to past correspondence, available in our archives.

Dear Editor:
The government worker wrote: "There is no appeal to this decision. " This is a perfect example that shows why our courts need to retain their jurisdiction to review such government action that so profoundly impacts upon people. If we are to truly enjoy the freedoms of a democratic system, then the executive branch should pass no laws taking from the courts jurisdiction needed by them to oversee the actions of that same branch. This jurisdiction is needed to assure due process and maintain the checks and balances that are so critical to our democratic form of government. I do hope that the government worker is wrong about there being no appeals and that the researcher can appeal such an unreasonable decision and win if she so merits.

Mario Apuzzo, Esq.
Jamesburg, NJ

Dear Editor:
Regarding the comment "Glaring Error" (08/06/08 ID): From the tone of your article, you appear to be shocked that the CIS would do something so absurd. They had no choice. This happens all the time. Two points: First, how many times do they have to ask an intelligent speaker of the English language to comply with the simplest of instructions:? They gave the applicant two opportunities to provide the correct pictures and they were not submitted. You know that the CIS has a secret criterion it uses in deciding whether to approve an adjustment case...it is called the "Social IQ factor...too low, no card". This person flunked. The CIS will always deny a case in such circumstances. Second, this impasse is easily resolved with the filing of a Motion to Reopen and Reconsider that is accompanied by the correct pictures. It will cost the applicant the MTR filing fee and will take 6-8 months to get an answer but this is a routine situation for CIS and they do know how to handle it. Posting blurbs like this on ILW.COM are a waste of time, at least for practitioners who handle many cases. We have all seen far, far worse and far, far more absurd; this one is trivial. It is a fact of practice of Immigration law that (1) the CIS will make some kind of mistake in each and every case it handles and (2) attorneys spend about 25% of their time correcting these mistakes. If you want to publicize CIS screw-ups, give us something that is new,or different or exciting.

Land Wayland, Esq.

Dear Editor:
Jimmy Smith's letter (08/06/08 ID) calls the experiences of previous immigrants "ancient history", but this history is one of overcoming prejudice that is no different from the poisonous hostility that today's immigrants are facing as well. The fact that earlier immigrants from places like Ireland, Italy, and Eastern Europe came here legally did not help them avoid the same kind of racial stereotyping, slurs and calls for keeping them out or sending them back that we are seeing today with regard to Latino and Asian immigrants. In the case of Chinese immigrants, the fact that they came legally was so irritating to the bigots of that period that, beginning in the 1880's and lasting at least to the 1950's, the laws were changed to keep them out. To ignore immigration history is to deny the truth about immigration today. Mr. Smith's letter states that his wife has relatives in Mexico waiting patiently for green cards. Of course, they should be commended. But his letter doesn't say how many years they have already waited, or how many more years they may have to wait because our laws today are geared toward letting in as few legal Latino immigrants as possible, just as a hundred years ago the laws were expressly written in order to keep legal Chinese (and eventually all other Asians, along with most Southern and Eastern Europeans) out. These immigrant groups were not hated because they were illegal, but were made illegal because they were hated. Despite all the ranting about illegal immigration by people who would never accept more than a very few, if any, minority immigrants even if they came legally, is today really all that different?

Roger Algase, Esq.
New York, NY

Dear Editor:
The article from the Seattle Times accompanying the comment entitled "Glaring Error" (08/06/2008 ID) is just ridiculous. Obviously, the reporter (as usual) does not grasp any concept of immigration law and is trying (as usual) to generate a human interest story, where readers will say, "Yup, that immigration department is really messed up." But the immigration department is not messed up (well maybe a little), at least not here. The law forbids a person who has worked illegally from adjusting status within the United States, but requires them to go abroad for issuance of a permanent residence visa. Of course, a Bar to Admissibility may arise in certain instances to prevent the alien from being issued a permanent residence visa overseas. What amazes me is that according to the article, she was in the US for 14 years, working for the university. I know of no employment authorized nonimmigrant visa that can be extended that long, so I wonder how she did that. Inquiring minds want to know. The article further claims, "Immigrations (sic) officials then told her that, because she had worked illegally for eight months without a work permit, her application for permanent residency was being rejected." Actually, her application for permanent residence was not "rejected," it was being denied because of her inadmissibility. The photo thing is just a red herring, and has nothing to do with the denial, notwithstanding the article's inference that it did - that was resolved through an RFE. The bottom line is that everyone needs to follow the law, including a University of Idaho researcher who worked on bioterrorism defenses. Position and status do not make for an approvable application, following the law does.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
The article (08/06/08 ID) about how difficult it would be and what a threat it may even pose to our security in the U.S. if an "amnesty" were to be passed by our legislature would have been funny if the author hadn't been so serious. I have woked on my family geneology for years. The issue of different scripts (Arabic, Chinese, etc), spellings (Hamill, Hamel, Hammell), methods of naming (Maria Davila Garcia, Maria Davila, Maria Davela y Garcia) as just a few examples have been with us since the inception of our country. This is nothing new. He seems to argue for the "Anglo" version of naming by saying that this country is an Anglo country, founded by Anglos and that that is the system that should be used. Actually, the Anglos weren't the only ones here. Benjamin Franklin was concerned the Germans would cause the ruin of the new republic because they didn't want to Anglocize. What about the approximately one-third of Mexico we took with the Mexican American War, they weren't Anglo either. What about all those pesky immigrants from say the mid-1800's until recently. I don't know what he has been taught but there was quite a bit of variety to those immigrants. I personally have opted to keep my maiden name and the name of my first husband even though I remarried so that I could have a name somewhat in common with my children. It is far from an insurmountable problem. Even Social Security hasn't had a problem keeping track of me, much less the BMV or creditors. And as I have learned over the years, those people that want to avoid being found or are being intentionally sneaky, they will always find a way, Anglo surnames or not.

Natalie Fair-Albright

Dear Editor:
Regarding the comment "Glaring Error" (08/06/08 ID): Just a new absurdity for the Department of Homeland Security. One never knows with these folks.

Carolyn J. Williams

Dear Editor:
Regarding the comment "Glaring Error" (08/06/08 ID): Unfortuantely these things happen. But more unfortunate is the way the media and this article does not paint an accurate picture of potential relief that may be available to her. Rather, it's meant to cause a knee jerk reaction in its readers about how "bad" the government or immigration is which is sad and misleading. I do believe the scenario painted underscores the complexity of US Immigration law. In this regard it should be a wake up call to readers everywhere on the importance of having legal professionals handle their cases. In my experience, US immigration law appears deceptively simple and many individuals mistakenly believe they can do their cases on their own. What's worse, non-immigration attorneys also believe they can dabble in immigration law. But why go to an eye doctor when you need heart surgery? Or worse, why perform your own surgery? What I wish the article addresses is what type of relief she is applying for in court, i.e. voluntary departure? adjustment? Can the more than 180 days of unlawful employment be excused for extenuating circumstances? Perhaps it's not just cut and dry like the article suggests or like many would probably jump to conclusion.

Barbara Williams

Dear Editor:
Re. Roberts Letter (08/06/08 ID) "King George commutes Scooter Libbey, but not Ramos and Compean." Well we can agree on one thing George W takes care of his inner circle, particularly when there is a potential for damage to him. It strikes me this letter writer seems to have in past rantings supported the "Rule of Law" and wants it enthusiastically applied to foreign nationals who are here without documents. In the BP case though this letter advocates drawing a bit outside the lines. So what the letter is really advocating is "amnesty" for Ramos and Compean, yet in previous correspondence "amnesty" or forgivenessis a dirty word. Pick a side of the fence and stay on it. Roberts letter while insists it is not racist, yet here advocates deviating from rule of law to shoot a Mexican. The direction and the location of the bullet in this case is all the "evidence" I need. I am not coming at you if you shoot my in my hind quarters. The physical evidence convicted them, the testimony was a bonus round The agents also lost credibility by tampering with crime scene and failing to file an incident report. The suspicious behavior by the agents wasn't taken to task or even mentioned in Roberts letter either. So let me get this right, if you can shoot a Mexican in the back, hide the evidence and convince everyone he deserved to be shot you should be let off the hook?

Frank Walters

Dear Editor:
Regarding the Comment and Letters (8/6/08 ID), the plight of Ms. Dziewanowska is not nearly the injustice as is the Border Patrol agents who are in prison for many years which ID and others have applauded. Also, greater enforcement measures are needed when entry laws have been abused for years. When dealing with a "flood", strong measures are called for that have consequences not seen if water is limited to its normal, useful purposes. The devious R. Algase letter didn't look very hard to find territorial subjects at the aztlan.net website. "The Brown Berets de Aztlan are Recruiting" in LA shows a photo of Chicanos in revolutionary garb and calls for more "soldiers". Also missed was the hit piece on AZ Rep. Russell Pearce whom they complain tried to: "outlaw the student group Movimiento Estudiantil Chicano de Aztlan (MEChA) and do away with Mexica-American study programs" including the radical book: "Occupied America" which urges Aztlan recovery. Further missed was the article: "The Quest for Aztlan", which at the end clearly identifies the SW US as Aztlan as I stated in a previous letter. The reason the website identifies with the Palestinians is because of their similar fight with Isreal over historical homeland claims. The letter knows that regarding "Protocols", I only noted the similarities between it's methodology for a NWO and that of modern Globalists which is no "myth". The H. Prchal letter is blind to the rapidly increasing numbers of Latinos which is what validates the Aztlan movement along with their belief that: "Latinos are now realizing that the power to control Aztlan may once again be in their hands". No secession needed.

Jim Roberts


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. Copyright 1995- American Immigration LLC, ILW.COM. Send correspondence and articles to editor@ilw.com. 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


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