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May 21 - IJ Complaints

Rating: 10 votes, 5.00 average.

-----------------IMMIGRATION DAILY FROM ILW.COM------------------

May 21, 2010,0521.shtm



4 Articles

5 News Items

18 Tweets

Classifieds: Help Wanted: Immigration Attorney, Help Wanted:

Immigration Attorney, Help Wanted: Immigration Attorney, BIA

Delivery Service, J-1 Visa Program





1. News: EOIR On New Process For Filing IJ Complaints,0521-complaints.pdf

2. Focus: Consular Processing Tips for Experts

ILW.COM is pleased to announce a new 3-part telephonic seminar

"Consular Processing Tips for Experts" with Jan Pederson

(discussion leader), Paul Isel, Elaine Witty and others. The

curriculum is as follows:

FIRST Phone Session on May 27: Non-Immigrant Visa Processing

++ Nonimmigrant Visa Hurdles

++ Where to apply for a visa?

++ Petition approval by USCIS - never an assurance of visa


++ Tracking down returned petitions and obtaining expeditious

reaffirmation of approval

++ Preparing client for NIV interview

++ Best practices for B-1, H-1B and L-1 processing in India

++ Best practices in E cases in London, Canada and Mexico

++ Waivers of inadmissibility for NIVs

++ What to do when the consul says no!

SECOND Phone Session on June 17: Immigrant Visa Processing

++ Immigrant Visa Processing

++Unlawful presence

++Re-adjudication of Labor certifications, visa petitions, and

qualifications of applicant

++Following to join issues

++Considerations in family-based petitions

++ What to do when the consul says no!

THIRD Phone Session on July 8: Waiver Practice In Consular


++ Waiver practice in Consular Processing

++ How to prepare an IV waiver package

++ Strategies for avoiding criminal conviction inadmissibilities

++ Pretrial detention in lieu of conviction

++ Humanitarian parole

++ Visa Waiver at port of entry

++ NIW Waiver Processing

++What to include in package

++Matter of Haranka

++ Coming to America when visa not issued

Tuesday, May 25 is the deadline to sign up. For more info,

including speaker bios, detailed curriculum, and registration

information, please see: Online: Fax form: Don't delay, sign up


3. Article: The Neufeld Memo: Legally Enforceable Policy

Directive or Grounds for Law Suit?: A Position Paper by Rami D.

Fakhoury and Mark Levey,0521-fakhoury.pdf

4. Article: Bloggings On Dysfunctional Government by Angelo A.


5. Article: Bloggings on Deportation And Removal by Matthew


6. Article: Bloggings on Political Asylum by Jason Dzubow,0521-Dzubow.shtm

7. News: Contested AILA 2010 Elections: Candidate Statement: Greg


8. News: Contested AILA 2010 Elections: Candidate Statements,0521-AILA.shtm

9. News: CRS On Trafficking In Persons,0521-crs.pdf

10. News: USCIS Neufeld Memo On Determining Employer-Employee

Relationship For H-1B Petitions,0521-neufeld.pdf

11. Tweet: Rahm Emmanuel works hard to ensure Obama LOSES 2012

election Ok Obama - if u insist on being

kicked out, we will do so!

12. Tweet: RT @ManEegee RT @DreamAct LMAO! ive all ths emails

that say "come back legally" heres a chart that helps u


13. Tweet: Not enough, v want GC NOW! RT @DFWimmigration: Dallas

ICE office granted Stay of Removal to allow client time to fight

child custody battle.

14. Tweet: RT @dreamrgrl1: RT @desi**** Oh Michelle Obama's

Harvard law degree was rendered useless yesterday by a 7-year


15. Tweet: Right Wing Reacts With Rage To First Muslim American

Miss USA: #ICE asleep on job - doesnt deport


16. Tweet: #Immigration heros block traffic in Seattle How about stopping payment of taxes as form of

civil disobedience?

17. Tweet: Racist thug Sarah Palin says "Every state should have

#immigration law like Arizona" Deport racists

to Antarctica!

18. Tweet: RT @dreamrgrl1: RT @papersthemovie #DreamAct students

are shutting down streets in simultaneous acts of sit-downs in


19. Tweet: RT @swatmigration: RT @mrmlopez: 7 students in act of

civil disobedience at Feinstein's office in SF now. call 415-


20. Tweet: RT @novenator: Arizona Strikes Out with Threat to Cut

Off Power to LA #p2 #ri4a

21. Tweet: Thugs at DHS bust unions to fulfill Obama anti-

immigrant agenda A GOP President would be

better than this.

22. Tweet: TheHill: Mexican president slams #immigration law

before Congress

23. Tweet: WaPo story: Obama wants to cover up huge numbers of

broken families every day Wouldn't McCain have

been better?

24. Tweet: ABCNews: More lies by Obama that he needs Republican

help for #CIR NO GOP votes r needed to give


25. Tweet: Michelle Obama lies to whitewash President's record

high deportation #s Obama CAN give TPS2all but

he WONT! #immigration

26. Tweet: Antis decry Gestapo state:

Msg2Antis: U created it - support legalization or the Gestapo

WILL get YOU! #immigration

27. Tweet: Antis decry Gestapo state:

Msg2Antis: U created it - support legalization or the Gestapo

WILL get YOU! #immigration

28. Tweet: PERM Book 2d. Ed: Your Book for PERM Rule, Analysis

and Comments, ETA forms, Memos, Roadmaps & Checklists. Get your


To submit an Article or a news item to Immigration Daily, write

to Follow ILW.COM on Twitter:



1. Help Wanted: Immigration Attorney

downtown Chicago - AzulaySeiden Law Group

seeks an immigration attorney. To be considered, a candidate must

have 2+ years experience practicing immigration law. Fluency in a

foreign language and varied immigration experience preferred. The

firm practices all areas of immigration law, including business,

family, removal defense, appellate work and outbound immigration

services. Looking for a motivated, committed individual who wants

to work in a focused, modern firm environment. We celebrate

diversity and seek a goal driven individual who will appreciate

the opportunity to work in a leading US immigration law firm. We

offer fair compensation based on experience, a full benefits

package and believe in promoting a healthy balance between work

and personal life. The position is in the main office in downtown

Chicago. Please send a resume, writing sample, and any inquiries


2. Help Wanted: Immigration Attorney

Washington, DC: Steptoe & Johnson LLP

seeks associate or immigration specialist for our immigration

practice. A JD with immigration experience is highly preferred,

but will consider candidates who are not attorneys but have

extensive and substantive knowledge about business immigration.

Should possess strong writing skills and ability to interact with

clients effectively and extensively. Principals only. Send resume

and transcript to Equal

Opportunity Employer.

3. Help Wanted: Immigration Attorney

Washington, DC - The Office of Chief Counsel seeks experienced

attorney with experience in federal acquisitions law, fiscal law

and other administrative laws for the Commercial and

Administrative Law Division. Serve as senior attorney providing

advice to the Chief of the Commercial and Administrative Law

Division, the Chief Counsel, and USCIS officials on issues

related to federal acquisitions law, fiscal law, and other forms

of general administrative law in support of USCIS' mission. For

more info, including how to apply, key in Job Announcement

Number: COU-CIS-2010-0006 at

Applications should be sent to: Lakisha Richardson at by 5pm EST, Monday, May 24, 2010. Position

starts at GS-12, GS-13 level, GS-14, or GS-15 level, depending on

experience, and has promotion potential to GS-15/10 level.

4. BIA Delivery Service

Have you missed the deadline for overnight delivery to the Board

of Immigration Appeals? We offer same day service to the BIA. We

are conveniently located only a block away. Fax us your Notice to

Appeal or brief by 2pm ET on the due date to: (703) 845-5991 and

we will personally file it for you, obtain a stamped date copy

and mail/fax it back to you. We offer competitive rates and

unparallelled service. For information, contact us: Brief-X-

Press, Falls Church, VA Fax: (703) 845-5991.

5. J-1 Visa Program

Discover the ease and flexibility of the J-1 Visa with Global

Current, a service of AIESEC U.S., a leader in international

exchange and professional training for over 50 years. Unlike

other visas, the J-1 does not require a lengthy petitioning

process, has few restrictions and can be processed at any time of

year to facilitate the quick and simple implementation of an

Exchange Visitor Program. Global Current has developed a

streamlined sponsorship process supported by J-1 experts that

allows us to maintain an unrivaled 48 hour turnaround time on

complete applications. Global Current provides J-1 Trainee and

Intern programs in a variety of occupational categories including

law, engineering, finance, architecture, graphic design,

marketing and fashion. For more information on eligibility

requirements and a complete list of occupational categories,


or email Jon Adler at

To place a classifieds ad in Immigration Daily, see here



1. ReadersWrite: Yesterday's Discussion

2. ReadersWrite: Today's Discussion

To submit an Article for consideration, write to



ComingsNGoings: New Immigration Judges The Executive Office for

Immigration Review is pleased to announce that Chief Immigration

Judge Brian M. O'Leary invested Keith Allred, Alison Brown,

Theresa Scala and Randa Zagzoug during a ceremony held at the

EOIR headquarters on May 14, 2010. The new immigration judges

will preside in the immigration courts in Cleveland, Ohio, New

York, N.Y, and Tacoma, Wash.

Readers can share professional announcements (up to 100-words at

no charge), email:


The first daily in the field of immigration. Forward this to a


Publisher: Sam Udani Legal Editor: Michele Kim ISSN:1930-062X

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 1999-2010 American Immigration LLC, ILW.COM.

Send correspondence and articles to Letters and

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  1. Roger Algase, Attorney at Law's Avatar
    Regardless of what else President Obama may accomplish while he is in office. his cynicism, cowardice and expediency in continuing to deport unauthorized immigrants who are not violent criminals or terrorists and pose no danger to this country at record levels in order to cater to the bigots and hatemongers among us will be an indelible stain on his record. The best comparison I can think of is to Franklin Delano Roosevelt, otherwise one of Americas's greatest presidents, who barred America's doors to large numbers of Jewish refugees from Nazi Germany, effectively condemning many to death in Hitler's extermination camps, in order to appease anti-semitic feeling which was rife in America at that time.

    America must get over the fiction that the current mania for persecuting Hispanic and other brown skinned immigrants under the guise of "immigration enforcement" has anything to do with upholding the law. If upholding the law is so important, why are all the BP executives still at large? Nor can President Obama try to pin the blame on Rahm Emmanuel or any other subordinates for the administration's cruel and heartless policy toward people trying to flee the desperate poverty and drug violence in America's southern neighbor. Both Latino voters today and history books tomorrow will hold Barack Obama, and Barack Obama only, responsible for this tragedy. Trying to shift the blame to his advisors is beneath contempt.
  2. John Frecker's Avatar
    The hysterical letters by Roger Algase do little to add to the debate about immigration. He may be opposed to almost any enforcement of the immigration laws; but, with few exceptions, polls show that a large majority of Americans want those laws enforced. If you want to change the laws in the U.S., you have to convince "the other side" of the error of their ways or you have to reach some accomodation. If you arrogantly insult those who disagree with you, you're more apt to "arouse their spirit of competition" than you are to reach some kind of agreement.

    And if a large number of "Hispanic and other brown skinned immigrants" are being impacted by immigration enforcement, it's due to the fact that they make up such a large proportion of the illegal population in the U.S.
  3. Roger Algase, Attorney at Law's Avatar
    I appreciate Mr. Frecker's comments on my letters. It is gratifying to have some reaponse, even a negative one. But with all due respect, it is hypocritical to argue that the immigration issue is only about law enforcement.

    Restrictionists are all for enforcing the immigration laws to the letter when they keep minority immigrants out. But when the laws let minority immigrants in, as is the case with H-1B or family reunion, or when they give the federal government supremacy in setting immigration policy, or, most of all, when, as is the case with the 14th Amendment to the Constitution, the laws give millions of children of Spanish-speaking immigrants US citizenship by birth without regard to their parent's immigration status, or lack of it, then the restrictionists want to trash the law entirely. That is, to say the least, highly selective law enforcement. It is also known as bigotry.
  4. Roger Algase, Attorney at Law's Avatar
    Just a few more words in answer to John Frecker: It is true that that Mexican and other immigrants coming or staying here illegally are lacking in respect for the law. They are, however, showing a respect for America's great tradition as a nation of immigrants who are seeking a better life and escaping from poverty or repression that most of us who are native born Americans have lost. These immigrants, I submit, are the true Americans. They understand our country's generous and open spirit better than we do.

    Yes, laws are there to be enforced. But, as George W. Bush said, you can't kick 12 million people out of the country. Those who think that we can, through "attrition" or some other means, are simply deluded. And how much respect for the law upholding federal supremacy over immigration did the Arizona legislature and governor show when they enacted that state's "Wo sind Ihre Papiere?" immigration law? How much respect did they show for free speech or equal protection of the law when they tried to imitate George Orwell by rewriting history and banning not just Latino, but all ethnic studies?

    What Arizona has tried to do, plainly and simply, is to write and enforce its own immigration law, free from the federal control that, for example, had tried to place at least a few limits on the reign of terror conducted by Maricopa Sheriff Joe Arpaio and other local officials against Latino immigrants, legal and illegal. Arizona's law says that "attrition through enforcement" is now the public policy of that state. Is that also federal immigration public policy? If so, in what statute or regulation does it appear? If it is not federal public policy, where in the Constitution does it say that Arizona has the right to set its own immigration policy?

    What federal law or regulation gives USCIS Deputy Director Donald Neufeld the right to write his own personal H-1B law, cutting out the right of an entire class of employers to use the H-1B system, without going through the regulatory or legislative process required by federal law? There is an excellent article on this in today's ID issue.

    What law or regulation gave Mr. Neufeld the right to withdraw the protection against deportation that has been available to people with properly filed and approvable green card (I-485 adjustment of status) applications for many years, without going through the proper administrative process, as he did in a memo issued in May, 2009?

    We only hear about illegal immigrants, who have the least power or ability to defend themselves when they disregard the law. But why do we hear so little about government officials and legislators who abuse their own authority and flout the law in order to keep both legal and illegal brown-skinned immigrants out?
  5. John Frecker's Avatar
    Mr. Algase had to resort to the trump card of "his side" of the immigration argument - inferring that all us "restrictionists" are "bigots". It's useless to argue the point with him because he apparently has his mind made up and doesn't want to consider any conflicting information.

    I consider myself to be a "restrictionist"; I believe illegal immigration should be eliminated ("restricted), to the extent possible, and that legal immigration should be reduced ("restricted") to about 300,000 per year. Once an alien is lawfully admitted to country and hasn't entered illegally or through fraud, it doesn't matter to me where they're from or what their ethnicity is. The point is, that Mr. Algase simply attacks anyone who disagrees with him in the immigration
    "debate". His views and those of others like him will do nothing to help in solving the problem.

    I learned at labor-management negotiations that parties who totally disagree can work toward solving problems. But they have to agree first that they want to solve the problem, not just impose their will and views on the other party.
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