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Immigration Daily

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Immigration Daily February 4, 2010
Previous Issues
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Citizen Detention Lawsuit

The Washington Post reports "A federal judge has rejected a government request to dismiss a lawsuit by a U.S. citizen who was locked up for seven months at an immigration center. Army veteran Rennison Castillo claims officials failed to act on his pleas in 2005 to check his military record and Social Security number. It wasn't until immigration attorneys stepped in that his citizenship was confirmed and he was freed."

We welcome readers to share their opinion and ideas with us by writing to


The Consular Posts Book, 2009-2010 Edition Shipping Now

The Table of Contents for "The Consular Posts Book", 2009-2010 Edition, shipping now, is as follows:

Chapter 1: Argentina - Buenos Aires, By Christi Hufford
Chapter 2: Armenia - Yerevan, By Alice Yardum-Hunter
Chapter 3: Australia - Sydney, By Noah Klug
Chapter 4: Brazil - Sao Paulo, By Kristina Rost
Chapter 5: Canada -Toronto, By Dharamchand " Randy" Depoo
Chapter 6: China - Beijing, By Frederick W. Hong; Guangzhou, By Jakob Lipman and Adam Lee; Shanghai, By Christy Nguyen
Chapter 7: Colombia - Bogota, By Luis A. Pinilla
Chapter 8: France - Paris, By Curtis Pierce
Chapter 9: Germany - Frankfurt, By Steven A. Culbreath; Munich, By Magdale Labbe Henke
Chapter 10: Haiti - Port au Prince By Jose E. Latour
Chapter 11: India - Chennai, By Vic Goel; Kolkata, By Poorvi Chothani; Mumbai, By Priscilla Jones; New Delhi, By Poorvi Chothani
Chapter 12: Jamaica - Kingston, By Claire D. Nilson
Chapter 13: Nigeria - Lagos, By C. Valerie Ibe
Chapter 14: Philippines - Manila, By Emmanuel S. Tipon
Chapter 15: Taiwan - Taipei, By Lesa M. Lawrence and Jessica L. Rodriguez
Chapter 16: Trinidad and Tobago - Port of Spain, By Claire D. Nilson
Chapter 17: United Kingdom - London, By Edward S. Gudeon
Chapter 18: Vietnam - Ho Chi Minh City, By Marc Ellis

Chapter 1: Introduction
Chapter 2: New Attorney Vulnerabilities in International Practice
Chapter 3: Trade and Immigration Tightening? NAFTA, WTO, GATS Soup to Nuts
Chapter 4: Tips for Avoiding B-1/B-2 Visa Denials and Correcting other Refusal Issues with the Consul
Chapter 5: The Visa Waiver Program (VWP): Not As Simple and Easy As It Looks
Chapter 6: Non-Immigrant Classes and Their U.S. Tax Obligations
Chapter 7: E-1/E-2 Treaty Traders and Treaty Investors
Chapter 8: The Consular Role in L-1 Blanket Petitions
Chapter 9: H-1B "Dependent Employees": From Labeling to Lawbreaking
Chapter 10: Temporary Assignment of H-1B Employees to Client Work Sites
Chapter 11: State Department Name-Checks and Security Advisory Opinions (SAOs)
Chapter 12: ICE Data-Mining and Federal Benefits Fraud Task Forces - Send In the Marines: Best Practices to Survive Audits and Task Forces
Chapter 13: What to do if Your Client's Visa is Denied: Visa Office Advisory Opinions
Chapter 14: A Template for Attorney Risk-Assessment

Selected excerpts and documents: Statutes, Regulations, Foreign Affairs Manual, Forms, Executive Orders, Department of Commerce, Department of Homeland Security, Department of Justice, Department of Labor, Department of State, Bureau of Labor Statistics, Customs and Border Patrol, Citizenship and Immigration Services, Government Accountability Office, Federal Bureau of Investigations, Immigration and Customs Enforcement, Internal Revenue Service, The White House, ILW.COM, Miscellaneous, Web Links

For contributor bios, more info, and to order, please see: . Or for fax, please see:


Bloggings On Updates In Immigration Law
Carl Shusterman writes "How can our country provide health care for tens of millions of uninsured persons when there are not enough registered nurses to care for patients now?"

Bloggings On Nurse And Allied Health Immigration
Christopher T. Musillo writes "The letter, which reads like a legal brief, calls into question the core legality of the issuance of the Neufeld Memorandum, and challenges the reasoning throughout the Memorandum."

To submit an Article for consideration, write to


DHS Publishes Final Rule On Targeting System
The Department of Homeland Security issued a final rule to amend its regulations to exempt portions of DHS/CBP 007 Automated Targeting System of Records from certain provisions of the Privacy Act.

DHS Publishes Final Rule On Border Crossing Information System
The Department of Homeland Security issued a final rule to amend its regulations to exempt portions of the DHS/CBP 007 Border Crossing Information System of Records from provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.


Help Wanted - Immigration Attorney
Detroit area, MI - Expanding employment immigration law firm seeks junior immigration attorney with 2+ years business immigration law experience in H, L, PERM cases. Candidate must enjoy working in fast-paced collegial environment, posesses excellent communication skills, is able to multi-task and work independently. Competitive salary + compensation package offered. Relocation package unavailable. All replies treated in strict confidence. Send resume + cover letter to:

Help Wanted - Immigration Paralegals
Detroit area, MI - Expanding employment immigration law firm invites immigration paralegals with 5+ years business immigration law experience in H, L, PERM cases to consider joining our team. Candidates should be detail-oriented, able to work independently, be team players, and have solid writing and speaking ability. Competitive salary offered. Send resume + cover letter to:

Case Management Technology
Are you ready for the new changes in immigration? See why INSZoom has a 99% customer retention rate. Use our forms with peace of mind - 800+ updated within 24 hours of any new release, no patches or downloads. E-File 20+ forms. Access your firm's online database anywhere you have internet access. Client relationship management tools, practice management tools, group calendaring, emails, notes, reports, invoices, auto email alerts and reminders, document storage and assembly. A library of customizable questionnaires, letters and email templates included. Online access for clients to check case status included. Compliancy modules: I9, LCA, AR 11, PERM. Optional services: credit card processing, Outlook & QuickBooks integration. One-time data entry and auto population into all documents will save you time and reduce errors. Customizable to support solo practitioners, mid-large law firms & corporations. We teach you how to customize the software to fit your processes and communication needs. Founded in 1999, INSZoom is a profitable, financially sound company, employing 100+ engineers, sales, and support staff. INSZoom is ISO 27001:2005 certified and the "world's largest immigration software company", built with flexible modules that allow you to manage and control technology. To schedule a complimentary online demo, call 925-244-0600 or email

Credential Evaluation And Translation
As the nation's leader in foreign credential evaluations and translations, American Evaluation and Translation Service, Inc. (AETS) provides the most competitive rates in the industry $50 educational evaluations, as well as $200 'expert opinion' work experience and position evaluations completed by PhD university professors who have the "authority to grant college level credit for work experience and/or training." AETS offers a variety of turn-around times, including same-day service for educational, work experience, and position evaluations. For list of rates and times, see: AETS also provides certified translations in 100+ languages, with translators that are specialists in 80+ fields. For a copy of the Application for Credential Evaluation and Translation Services, please contact AETS at (786) 276-8190, visit, or email:


The Immigrant's Way: readers will learn abt #immigration process thru histories, simple tips and real-life stories

Latinos restless for #immigration reform- use fiery rhetoric to gain upper hand. Where is the line drawn?

Push for #CIR Obama! Think of your aunt and 13 million ppl in her situation. Obamas Aunt Appears In #Immigration Court

Immigrants & the Economy: Contribution of Immigrant Workers to the Countrys 25 Largest Metro Areas (a report by FPI)

State mandates for Everify are lawful per 10th circuit decision HT Gary Endelman decision @ #immigration

Tomorrow is the 2nd session of CLE Seminar PERM For Experts: Ensuring a Successful Recruitment Campaign. Sign up today!


Readers can share professional announcements (up to 100-words at no charge), email: To announce your event, see here

Share Your Professional News
Send your professional announcement to: Examples include: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner. This is a free service.


Readers can share comments, email: (up to 300-words). Past correspondence is available in our archives

Dear Editor:
Just to keep the Hake/Murray letters discussion (02/03/10 ID) going, Operations Instruction 242.l(a)(23) [Removed 6/24/97 TM1] stated in part: "Pending final adjudication of a petition which has been filed, the district director will not deport, or institute proceedings against, the beneficiary of the petition if approval of the petition would make the beneficiary immediately eligible for adjustment of status under 245 of the Act..." TM 158 (7-27-88) Page 2852.6.

Eugene J. Flynn, Esq.
Dallas, TX

Dear Editor:
As Mr. Murray (02/03/10 ID) and Mr. Hake's (02/02/10 ID)letters make clear, there are serious disagreements over the legal status of someone who is in the US with a pending I-485. The fact that letters of two preeminent immigration lawyers can have such different opinions about the legal effect of a document that is issued by USCIS tens of thousands of times per year just goes to show that Leo Van Randall Jr.'s (01/20/10 ID) urge to just enforce the laws we have is doomed to fail. If the law was clear or consistently interpreted by the government there would not be such disputes. If someone wanted an example of how the system is broken, there you go.

Scott T. Decker, Esq.
Albany, NY

Dear Editor:
Jim Roberts' letter (02/02/2010) claims the Bible "holds lawyers and other critics in contempt" [Luke 11:45-54, Isaiah 5:20-21] The King James version, Isaiah 5:20-21 says, "20: Woe unto them that call evil good, and good evil; that put darkness for light, and light for darkness; that put bitter for sweet, and sweet for bitter! 21: Woe unto them that are wise in their own eyes, and prudent in their own sight!" Regretfully, this has nothing to do with lawyers or the immigration debate. Luke 11:45:54 states the opinion of Jesus, in pertinent part, "46: And he said, Woe unto you also, ye lawyers! for ye lade men with burdens grievous to be borne, and ye yourselves touch not the burdens with one of your fingers. 47: Woe unto you! for ye build the sepulchers of the prophets, and your fathers killed them. 48: Truly ye bear witness that ye allow the deeds of your fathers: for they indeed killed them, and ye build their sepulchers. 49: Therefore also said the wisdom of God, I will send them prophets and apostles, and some of them they shall slay and persecute: " Slay and persecute? Woe! Shame on Jesus! Applying that to immigration, it appears Jesus would support ICE and CBP. Not all Americans believe the Bible is the "word of God," or that Jesus is God, but they are no less Americans. The Bible is not the standard by which all should be judged, although I doubt Christians would agree with that statement. I once asked a Seventh Day Adventist evangelist what should be done with people who did not believe Jesus is God. Without thought, she hastily replied, "Kill them!" Rather than the Bible, let's discuss immigration and quote the Regs and INA, for that is the bible of immigration.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
In regards to the circuit court ruling and immigration issues, (02/03/10 ID Comment) I believe that they only applies part of the law that benefits them. When it comes to serious issues like families being separated, because of bias interpretation of these laws the circuit court don't get involve enough to help these people. For example in August of 2002, President Bush signed a law to help children from aging out,(pub:107-208) and INA: 203(h)(3), and immigration along with the circuit court refuse to follow it. Instead they both came up with their own interpretation of part of law that benefit them, whilst using the other part of the same law under the same paragraph to tell children that they age out and no longer qualify for this benefit. This is such double standard on their part, they are playing with people life and their future, just because they have the power to. This is very ambiguous.


Dear Editor:
The assertion that SCOTUS siding with CA10 would necessitate CIR is something of a non sequitur. (02/03/10 ID Comment) Why would the preemption of these state laws by an existing federal statutory scheme cry out for, well, creation of a more comprehnsive federal statutory scheme?

Andrew Free

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 1995-2010 American Immigration LLC, ILW.COM. Send correspondence and articles to 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