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Immigration Daily

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Immigration Daily February 27, 2004
Previous Issues
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Editor's Comments

Many Items

Today's issue of Immigration Daily has many items of interest. The Deputy Assistant Attorney General issued a memo addressing the limitations on the detention authority of the USCIS. Diane Sandford's article educates us on common grammatical errors among lawyers. In addition, we have one 9th Circuit case limiting on Almandarez-Torres, 3 letters to the Editor and several classifed advertisements, including help wanteds. Please scroll down to find the items of interest to you, and click on the links to get the original material.


Public Relations: Tips On Doing It Yourself - Free Workshop For Immigration Lawyers

David Gumpert will offer public relations tips to immigration lawyers in our next telephonic workshop. The agenda for the talk is as follows:

  1. How does PR differ from marketing?
  2. What do you want to accomplish using PR?
  3. How do you get the media to pay attention to you?
  4. What constitutes PR success for lawyers?
  5. How can your clients help you obtain publicity?

About Mr. Gumpert:

  • Author of Do-It-Yourself Public Relations, published by the American Bar Association
  • Former senior editor of Inc. Magazine, former associate editor of The Harvard Business Review and former staff reporter with The Wall Street Journal
  • Author and coauthor of seven business books and editor of four anthologies on entrepreneurship and marketing.
  • Writer of "Growing Concerns" column for small business section of (for examples, go to and search under "Gumpert")
  • Speaker to entrepreneurship and trade organizations as well as business students about business planning issues.
  • President of Gumpert Communications Inc. (
This 45-minute long free workshop for immigration lawyers will be on Thursday, March 4th (1.15pm to 2pm ET). This telephonic workshop is only offered to members in good standing of ILW.COM's directory of immigration lawyers, and is free of charge. Requests for registration should be sent to

Featured Article

That, Which & Who: A Common Grammatical Error Among Lawyers
Diane Sandford writes "Lawyers who use these prepositions incorrectly risk being misunderstood."

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:

Immigration Law News

Office Of Legal Counsel Memo On USCIS's Detention Authority
The Office of Legal Counsel of the Deputy Assistant Attorney General issued a memo concerning the timing of removal of an alien subject to a final order of removal under section 241(a) of the INA, 8 U.S.C. 1231(a).

White House Responds To Haiti Query
During a White House press briefing, White House Spokesman responded to a query on the treatment of Haitian refugees as contrasted to Cubans.

Almandarez-Torres Does Not Apply Where Nature Of Crime Changes
In US v. Rodriguez-Gonzalez, No. 02-50594 (9th Cir. Feb. 19, 2004), the court said that the Supreme Court's Almandarez-Torres holding did not apply when the earlier offense operated not merely to increase the Defendant's sentence, but to transform his second offense from a misdemeanor to a felony.

Electronic Monitoring Test Launched As Alternative To Incarcerating Removable Aliens
The Seattle Times reports "The Seattle region is one of three in the country where federal authorities are testing a plan to allow some immigrants facing deportation to wear electronic ankle bracelets at home rather than be locked up."

President Bush's Immigration Reform Initiative Unlikely To Become Law
The Miami Herald quotes New Mexico Gov. Bill Richardson saying "President Bush's immigration reform proposals are unlikely to become law because Democrats believe the plan does not go far enough to recognize the contributions of the undocumented workers, while Republicans believe it goes too far."

Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info:


Help Wanted: Immigration Attorney
Reeves & Associates (R&A) , a full-service immigration law firm, seeks an immigration attorney with 1+ years experience in business immigration for its Pasadena office. R&A offers an opportunity to manage a challenging and varied workload in a fast-paced environment. Candidates must have experience with immigrant visa petitions, labor certifications (RIR & traditional), Hs and Ls. The ideal candidate should be detail-oriented, highly organized, possess excellent interpersonal and communication skills (written and oral), and effectively multi-task. R&A has an experienced support staff, state of the art technology and offers unsurpassed growth and learning potential. We offer an excellent salary & benefits package. If you have what it takes to take R&A to the next level, please email: cover letter, detailed resume + salary history to or fax to (626) 795-4999. Incomplete submissions will not be considered.

Help Wanted: Experienced Immigration Attorney
The Law Office of Lee & Kent seeks an immigration attorney with 5+ years of business immigration experience for its immigration law practice. Qualified candidate must thrive in a busy office setting, work efficiently and effectively, and possess excellent writing and analytical skills. The firm has a well-established immigration practice in the Los Angeles, CA area, and handles a full spectrum of immigration issues. Lee and Kent is a general practice law firm, with practices in business litigation, bankruptcy, and criminal law. We offer an excellent benefits and compensation package. Fax resume and cover letter along with salary requirements to 213-380-2826 or email Justin M. Lee, Esq., hiring partner at (no phone calls please).

Help Wanted: Immigration Attorneys And Paralegals
Jasinsky Immigration Law LLC has openings for both immigration attorneys and paralegals with business immigration experience for its offices in Stamford, Connecticut and in Columbus, Ohio. Minimum 1-year employment-based immigration experience is preferred for both attorney and paralegal positions. Email cover letter, resume + salary requirements, along with the position sought to:

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: For more information, please contact us via email at: 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:
To Joeson M P, and others experiencing similar problems in Riyadh, I invite members of the American Immigration Lawyers Association to give me case specific information that I can pass along to the Visa Office in my capacity as Chair of AILA's Department of State Liaison Committee. Without this information, the complaint is too generalized, making it unlikely that the Visa Office can or will investigate the problem. My email address may be found in the AILA directory.

Jonathan Ginsburg

Dear Editor:
Mr. "Joeson M P"'s letter doesn't seem concerned about the fact that the US embassy in Riyadh, Saudi Arabia, is issuing H1-B visas to applicants with no legitimate checks or with no documents. Rather, Mr. "Joeson" complains that immigrant nurses aren't being accorded the same "privilege". As I recall, most of the "9/11" hijackers came from Saudi Arabia with inadequate, or fraudulently obtained, documents.

John Frecker
Baileyville, ME

Dear Editor:
Recently, Attorney William Erb from the Office of Litigation, US Department of Justice called me. He is authorized to speak for all the defendants in our class action suit (on massive USCIS processing backlogs). We discussed a number of issues. He informed me that a summary of this lawsuit had been sent to several members of Congress. He mentioned that reduction of backlogs was a common sense prerequisite to immigration reform currently being considered by the White House and by Congress. We agreed that if Congress passes laws addressing the backlog issue, our lawsuit could become moot. I suggested that we meet with USCIS to discuss immediate remedial measures that would help ameliorate problems without massive overhaul in the statutory or regulatory framework. Based on feedback received, here are the following points that will be presented before the government. We want USCIS to: 1. Start premium processing of I-140s; 2. All I-140s pending over 180 days should be adjudicated immediately without premium processing fees; 3. Continue concurrent filing of I-140 and I-485; 4. Once the I-485 has been pending for 180 days, the applicants should receive a conditional approval of the green card evidenced by a stamp on the passport valid for 5 years, subject to revocation only on security grounds; 5. USCIS should provide public reports on agency workloads and priorities; 6. The phone system should be improved so meaningful information can be received; 7. We must be provided a method of getting binding, written opinions on AC21 and other regulatory issues on which no regulations are issued by USCIS within six months after enactment of a statute; and 8. We should be assured a community contact point for addressing recurring grievances. Can we settle on these bases?

Rajiv Khanna, Esq.

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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