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Immigration Daily

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Immigration Daily July 14, 2004
Previous Issues
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Editor's Comments

OMB Reviews Visa Screen Deadline

The White House Office of Management and Budget is reviewing a DHS interim final rule (see item below) to delay application of the Visa Screen health certificate requirement to foreign registered nurses in non-immigrant status, set for July 26, 2004. Lobbying efforts seek to extend the deadline to October 1, 2005. Without an extension, many fear that the delivery of health care, particularly along the US-Canadian border will suffer as TN nurses struggle to comply. Immigration Daily will keep you posted of new developments.


Curriculum For "The Three Rs: Removal, Relief and Review"

The curriculum for "The Three Rs: Removal, Relief and Review" is as follows:

FIRST Phone Session on July 28th: "Please release me, Let me go..."
(Arrest and Hearing; detention issues, removal grounds, burden, defenses, suppression)

  • Reason to believe, warrant, arrest
  • Detention standards, habeas and "custodian" Rumsfeld v. Padilla (S. Ct. June 21, 2004)
  • Right to counsel, approach to practice, client representation, developing the case
  • Immigration judge duties, bias and recusal
  • Hearing rights and meaningful exercise
  • Burden of proof, "arriving alien," FOIA, exhaustion/making the record
  • NTA defects, notice & service, evidentiary insufficiency, res judicata
  • Non-hearings: Stipulated hearing, expedited hearing, & reinstatement of removal

SECOND Phone Session on August 19th: "Crazy, these cases are making me crazy...."
(More Defenses and Challenges in cases involving domestic violence, inabsentia rulings, classified evidence, citizenship, adjustment options, alternate dispositions)

  • Stops and incrimination: Hiibel v. Sixth Judicial District Court of Nevada, Humboldt County, (S. Ct. 6/21/04)
  • Alienage and 5th amendment suppression challenges
  • Negotiating with ICE, prosecutorial discretion, stipulation
  • VAWA cancellation, adjustment, exceptions, waivers and deferred action
  • Classified evidence cases; closed hearings, no hearing
  • Conviction "after admission," evidence of conviction, I-213, Jencks Act
  • New charges, effect of grounds not charged or proved on eligbility and review
  • Inabsentia motions, notice, exceptional circumstances, due diligence, reopening

THIRD Phone Session on September 16th: "Stay - Just a Little While Longer"
(Relief and review)

  • Adjustment, voluntary departure, 212(c)/cancellation of removal, 212(h).
  • Combined relief: Gabrelsky/Rainford adjustment, nunc pro tunc permission to reapply (I-212)
  • Discretionary relief and Lopez v. Davis blanket standards
  • AG mixing of statutory standards (Matter of Jean; Matter of K-A-; Matter of Y-L-, et al.)
  • BIA appeal standards, summary dismissal, NOA and streamlining, remand
  • Involuntary waiver of appeal; unlawful removal; self-deportation
  • Petition for review jurisdiction and exhaustion standards under section 242
  • Habeas petitions, stays of removal
The deadline to register is Monday, July 26th. For more info, detailed curriculum, speaker bios, and registration information, see: (Fax version:

Featured Article

The Day After The Next 9/11: How Outsourcing Is Helping Al Qaeda
J. Michael Brower writes "When the pursuit of cheap labor enters the public sector in the form of privatization, the impact can be even more destructive."

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

OMB Reviews BCIS Interim Final Rule To Delay VisaScreen Certification Requirement
The White House Office of Management and Budget is reviewing an interim final rule submitted by BCIS extending the deadline for certain health care workers required to obtain certificates.

Lack Of I-Visa Leads To Journalists Removed From US
The San Jose Mercury News reports "Over the last 18 months, at least 18 journalists from friendly countries have been seized at US airports and forcibly deported."

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:


Case Management Technology
INS-Experts Inc. is an eCommerce provider of US Immigration solutions globally. The company offers a web based solution for popular USCIS applications and forms through its website: INS Experts is now offering its application preparation solutions to Immigration consultants/ professionals, as well as related organizations at discounted prices. Partnership opportunities are also available for manufacturers/ distributors of US Immigration related products and services. For more information about these opportunities, please contact Mr. Puneet S Parmar, Director of Business Development INS Experts Inc., 12280 Saratoga Sunnyvale Road, Suite 116, Saratoga, CA 95070. Phone: 408-517-4212, Email:

Help Wanted: Experienced Immigration Attorney
Are you an expert in immigration law? Do you have high energy? Are you process oriented and extremely organized? If yes, Microsoft has an opportunity for you in Redmond, WA. We are seeking an immigration attorney to take on a new position within our immigration team. Key responsibilities include: I-9 compliance and J visa issues; Ensure regulatory compliance; Implement internal controls and review existing processes; Possible travel to Microsoft sites to conduct I-9 compliance trainings; Due diligence reviews and analysis to M&A teams; Secure legal work authorization in the US for individuals on temporary/permanent basis. Desired qualifications include: 5+ years of solid business immigration experience, ability to effectively lead and motivate others, excellent writing skills, exceptional communication and interpersonal skills, strong attention to detail, proficiency with Microsoft technology a plus, BA/BS and JD required. Submit resume in word format to and please indicate job code N145-115057 in the subject line.

Help Wanted: Experienced Immigration Attorney
Business Immigration Attorney with 4-6 years related experience sought for the mid-town NY, NY office of Fragomen, Del Rey, Bernsen & Loewy LLP. Must possess excellent analytical and client service capabilities, and be familiar with all immigrant and non-immigrant visa categories. Please fax or email your resume + writing sample to Rick D'Aversa at 212-891-7566 or

Help Wanted: Experienced Immigration Attorney
Do you have a passion for writing? Do you find using technology to enhance business communication satisfying? Are you an expert in Immigration Law? If yes, Microsoft has an opportunity for you in Redmond, WA. We are seeking an Immigration Attorney to take on a new and challenging position within our Immigration team. Key responsibilities include: Enhance and maintain the internal immigration Web site delivering and maintaining content of great quality and customer value; Create and implement a strategic plan for the Web site that will assist in achieving the groups business goals and satisfy customer needs; Prepare internal client updates; Legal research and preparation of legal documents; Exercise your extensive immigration knowledge to help others secure legal work authorization in the US on a temporary and permanent basis. Desired qualifications include: 5+ years of solid business immigration experience, Excellent writing and editing skills with an emphasis on writing, immigration content for a variety of audiences, Demonstrated ability to manage legal staff, Proficiency with Microsoft technology a plus, BA/BS and JD required. Please submit your resume in word format to Please indicate job code N145-114972 in the subject line.

Help Wanted: International Legal Coordinator
International Legal Coordinator (multiple openings) - Bachelor's degree in Law, International Studies/Relations, or languages. Requires 2 years' experience in preparation of business and work visa petitions and applications. Experience must include visas for foreign countries with diverse immigration systems. To apply, send resume to Include reference name: HR/IMM. No Phone Calls Please. Paul, Hastings, Janofsky & Walker LLP, 600 Peachtree Street, Suite 2400, Atlanta, GA 30308

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

Readers are welcome to share their comments, email:

Dear Editor:
We filed a lawsuit against CIS decrying delays in processing of employment-based I-485s. The Court has granted us permission to take a Rule 30(b)(6) deposition to address the issue whether a class can be certified because there are common issues of law/policy involved in all EB I-485 cases or whether a class is not certifiable because each case is unique and different (as the govt. claims). For the list of matters to be explored, see here.

Rajiv S. Khanna

Dear Editor:
The following press release regarding the re-opening of the CGFNS exam center in Cochin, India was submitted by CGFNS.

Kathleen Rohrbaugh
Commission on Graduates of Foreign Nursing Schools (CGFNS)

Dear Editor:
Until Ms. Mensah can assure that all 6 million illegal aliens have been interviewed, fingerprinted and cleared then she should not assume that every dishwasher, etc., has good intentions.


Dear Editor:
Regarding Kim Mensha's remarks about ICE and in support (although not "hard core" support) of ICE's efforts to ferret out "terrorists", and other law-breaking illegal aliens. Terrorists or not, the fact is, we have the masses of illegal immigrants in the US largely because of the lack of enforcement by the former INS. And yet they come, and continue to come, notwithstanding the law, because of the big carrot attached to the end of the stick. And who can blame them? Reality suggests the US needs to pass coherent and realistic immigration laws that address the present and future needs of the nation, not pandering to political expediency or vocal special interest groups. The US legislature must rewrite, not revise, the archaic Immigration & Nationality Act, and in its place pass well formulated, enforceable legislation that realistically determines and regulates who is allowed to enter the US, for what purpose, and upon what terms they are welcome to stay. At the same time, the carrot needs to be eliminated, along with the mindset of immigration bleeding hearts that it is ok to allow selective violation of any of our nation's laws, just because they believe the laws may be wrong or unnecessary. And if the laws are wrong or unnecessary, then let's change them, in total, by collectively sending a message to Congress, not by advocating either anarchy or the "ostrich approach". Specifically addressing Ms. Mensha's statement that she does not " . . . believe the profile of a terrorist includes cooks, dishwashers, and landscapers.", neither did it include flight school students, prior to 9/11. Strange world we live in, is it not? Both paradigm and conundrum in these troubled times.

David D. Murray, Esq.
Newport Beach, CA

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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