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Apr 14 - Patriot Act Visa Revocation Overturned

Rating: 5 votes, 5.00 average.

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

April 14, 2010,0414.shtm

1.  Comment: Comment: Patriot Act Visa Revocation Overturned
2.  Focus: Focus: Business Immigration Law
3.  Articles:
    (a) Article: Kazarian V. USCIS: Discrediting The Circularity
    Argument In EB-1 Petitions by Cyrus D. Mehta
    (b) Article: Achieving Inclusiveness - Change, Transformation
    And The "Us" Dynamic In Today's Law Firm by Ed Poll
    (c) Article: Padilla And Immigration Enforcement by Harry
    (d) Article: Bloggings On Immigration Law And Policy by Greg
4.  News:
    (a) News: CRS On Border Searches Under The 4th Amendment
5.  Classifieds:
    (a) Help Wanted: Immigration Attorney
    (b) Help Wanted: Immigration Attorney
    (c) Case Management Technology
    (d) Translation Services
6.  Tweets:
    (a) 6 Tweets Today
7.  ComingsNGoings:
    (a) ComingsNGoings: Immigration Event - Washington, DC
8.  Letters From:
    (a) ReadersWrite: Today's Discussion,0414.shtm

Books On Immigration Law:
Immigration Law Seminars:

Comment: Patriot Act Visa Revocation Overturned

The journey that began in 2004 when the Bush Administration
revoked Mr. Ramadan's visa citing the Patriot Act finally ended
when he arrived at Newark airport this Wednesday afternoon. For
the full story, see here.

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

Focus: Business Immigration Law

"Business Immigration Law: Strategies For Employing Foreign
Nationals" edited and co-authored by: Rodney A. Malpert and
Amanda Petersen and its companion book "Business Immigration Law:
Forms and Filings" published by Law Journal Press are useful
books for immigration professionals. The Table of Contents for
these works are as follows:

Business Immigration Law: Strategies For Employing Foreign
Chapter 1: Basic Concepts
Chapter 2: Recruiting Foreign Nationals
Chapter 3: Short-Term Needs
Chapter 4: Specialty Occupation Professionals
Chapter 5: Intra-Company Transfers
Chapter 6: Investment and Trade: E Visas
Chapter 7: NAFTA
Chapter 8: Employee Sanctions
Chapter 9: Tax Issues
Chapter 10: The Interaction Between Immigrant and Nonimmigrant

The above work features contributions from: Roger Wolf, Tarik
Sultan, Rebecca Whitehouse, George Lester, Kevin Fitzgerald,
Charles Kuck, Rinku Ray, Robert O'Keefe, Laura Lasdow-Dussourd,
Richard Gump, Nancy Morowitz, Leslie Thiele, Ellen Yost, Vicki
Martin, and Edward M. Griffith Jr. For more info, including how
to order the Business Immigration Law: Strategies For Employing
Foreign Nationals, see here.
For the fax order form, see here.

Business Immigration Law: Forms and Filings
Chapter 1: Administrative, Legislative, and Regulatory Structure
Chapter 2: Strategies and Obstacles to Consider Before Filing
Chapter 3: Obtaining the Visa Status
Chapter 4: Students and Business Visitors
Chapter 5: Specialty Occupation Workers
Chapter 6: L 1A / L 1B Multinational Transfers
Chapter 7: E-1/E-2 Treaty Traders and Treaty Investors
Chapter 8: NAFTA TN Professionals
Chapter 9: O-1 Foreign Nationals with Extraordinary Abilities
Chapter 10: Temporary Non-Agricultural Workers

For more info on Business Immigration Law: Forms and Filings, see
For the fax order form, see here.

(a) Article: Kazarian V. USCIS: Discrediting The Circularity
Argument In EB-1 Petitions

Cyrus D. Mehta,0414-mehta.shtm

(b) Article: Achieving Inclusiveness - Change, Transformation And
The "Us" Dynamic In Today's Law Firm

Ed Poll,0414-poll.shtm

(c) Article: Padilla And Immigration Enforcement

Harry DeMell,0414-demell.shtm

(d) Article: Bloggings On Immigration Law And Policy

Greg Siskind,0414-siskind.shtm

To submit an Article for consideration, write to
4.  NEWS

(a) News: CRS On Border Searches Under The 4th Amendment,0414-crs.pdf

(a) Help Wanted: Immigration Attorney
Washington, DC - Fragomen
is looking for an attorney with 1+ years of experience in
business immigration with an emphasis on the preparation, review
and analysis of nonimmigrant L-1 and H-1B petitions and
applications; knowledge of immigration law and procedure;
excellent communication and interpersonal skills. Qualified
candidates will be highly organized, have a strong work ethic and
have meticulous attention to detail. Associate will work with
large, global, corporate accounts and have a great deal of direct
client contact. Highly competitive salary and benefits. Please
email cover letter, resume, and writing sample (Word or Adobe
formats only), in confidence, to Robert F. McCafferty, Human
Resources/Office Manager, Fragomen, Del Rey, Bernsen & Loewy,
LLP, at Or fax same to
202-371-2898. EOE.

(b) Help Wanted: Immigration Attorney
Portland, Oregon -  The Office of the Chief Counsel seeks
experienced attorney Associate Regional Counsel, USCIS OCC,
Western Region with 2+ years experience. Provide on-site legal
advice to the local District Office USCIS personnel on issues
involving immigration related adjudications, inadmissibility and
deportability grounds, and national security. Responsible for
providing litigation support to U.S. Attorneys' Offices on cases
arising from local District adjudications. Supervised by the
Deputy Western Regional Counsel and the Western Regional Counsel.
Preference is given to applicants with immigration law
experience, federal litigation background, excellent academic
record, and strong writing skills. For more info, key in Job
Announcement Number: COU-CIS-2010-0005 at
Submit resume, cover letter, references, + writing sample
(maximum 10 pps.) to Kelli Duehning, Western Regional Counsel,
USCIS Office of the Chief Counsel: Must be received by 5pm EST,
Monday, April 23, 2010. Position is at the GS-13/14/15 levels.
Open until filled.

(c) 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

(d) Translation Services
Certified translations by Legal Language Services in 157
languages have helped immigration attorneys throughout the United
States for more than 25 years. Legal Language translates birth
and marriage certificates, academic degrees, health records,
employment information and other documents needed for immigration
proceedings. Legal Language meets all USCIS translation
requirements. Legal Language also offers consecutive and
simultaneous interpreting, as well as certified transcription, in
support of immigration proceedings. Rush service, including same
day service, is available for a slight additional fee. For a free
consultation or for more info: call 1-800-788-0450 or email or visit us at In
addition, Legal Language seeks experienced immigration attorneys
to contribute to our blog and respond to questions from visitors
to our site. to discuss

To place a classifieds ad in Immigration Daily,
6.  Tweets

(a) Tweet: CLE Seminar - Removal For Experts: Relief from
Removal: A Potpourri of Issues. Register at

(b) Tweet: Shame on you Reid! RT @4aNewAmerica: WHAT?! Reid turns
his back on #immigration reform already #FAIL

(c) Tweet: RT @marisamcnee: RT @jaxsun: Kos counts Senate votes
after Reid says 56 RT @markos: #Immigration, the Senate pic #cir

(d) Tweet: Thanks @annerbananer @ironjawedangel @hr1529
@willcoley @pocketparalegal for the mentions and retweets

(e) Tweet: RT @4aNewAmerica Sen. Reid says he has 56 votes for
#immigration reform! Share your story:...

(f) Tweet: RT @DreamAct: RT @breakthrough: U.S. #census bureau
has been sued for #racial #discrimination in hiring. #humanrights

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7.  ComingsNGoings

Readers can share professional announcements (up to 100-words at
no charge), email:

(a) ComingsNGoings: Immigration Event - Washington, DC
'Temporary Migrants in a Permanent World: Evolution of the US
Immigrant Admissions System', Sponsored by the Institute for the
Study of International Migration, 8:30-10:00 a.m., Friday, April
23, 2010, Georgetown University Law Center, McDonough Hall, Room
437, 600 New Jersey Ave., N.W., Washington, DC, 20001,

Readers can share professional announcements (up to 100-words at
no charge), email:

(a) ReadersWrite: Yesterday's Discussion<
(b) ReadersWrite: Today's Discussion
The first daily in the field of immigration. Forward this to a

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

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  1. Roger Algase, Attorney at Law's Avatar
    Peter G. in his 04/13/ID comment, says that "newborns" of immigrant parents should not be granted US citizenship until the "rules and time" have been fulfilled.

    But by the very act of being born in the US, these children have fulfilled the requirement of the "rule", namely the 14th Amendment to the Constitution, which confers US citizenship by birth on every child born in the US, with only very few exceptions.

    And also by the act of being born, these children have certainly fulfilled the "time" requirement, which, the last time I checked, was still nine months.

  2. Roger Algase, Attorney at Law's Avatar
    On a different topic, I found it very disheartening to watch the Rachel Maddow show last night (April 14). Maddow seemed to be conducting the same kind of softball, politically slanted, synchophantic interview with DHS Secretary Janet Napolitano that reminded me of a similar interview on Fox News during the presidential campaign between Greta van Susteren and Sarah Palin.

    Maddow is obviously a big fan of Napolitano and, at least during the portion of the interview that I was able to watch, there was almost no mention of immigration, except for one revealing comment when Napolitano, true to form, talked briefly about what she saw as the importance of emphasizing immigration enforcement, along with drug enforcement, monitoring of security threats, etc.

    As we all know, the Department of Homeland Security was created in the aftermath of 9/11 (in which some 500 of the victims, or one out of every seven, were immigrants). Giving the new agency control over immigration created the danger right from the start that immigration would be looked at only as a danger to America, not as one of the most fundamental causes of America's greatness.

    The interview with Napolitano was disturbing because she seemed to be taking this bias against immigrants to an extreme. At least during the part of the interview that I saw, I did not hear a single word from either Maddow or Napolitano about immigration reform, immigrant rights, or about ending the abuses, cruelties and racism in our system that have caused so much suffering and hardship, both to immigrants who are trying their best to obey the law and those who have run afoul of it.

    To the contrary, Napolitano came across as a "true believer" who looks at immigration as a danger to America, while Maddow, who has been fearless in taking on almost every other injustice in our society, remains virtually silent about the immigration issue (in contrast to the Ed show on the same network, whose host is not afraid to speak out loudly and clearly against racial profiling and other anti-immigrant abuses).

    I fear greatly for the future of immigration in America with someone like Janet Napolitano in control of the system. Her departure should be a prerequisite to any attempt at immigration reform. And by this, I do not mean her departure to be elevated to the Supreme Court. Even two of Bush's most reactionary Justices, Roberts and Alito, supported the majority in the Padilla decision upholding the right to competent legal advice in criminal proceedings that could lead to deportation.

    Only two Justices, Scalia and Thomas, voted against this fundamental cornerstone of immigrant rights. We do not need a third.
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