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Sep 1, 2009 - The MICE Are At Play

Rating: 4 votes, 5.00 average.

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


September 1, 2009


http://www.ilw.com/immigdaily/digest/2009,0901.shtm


Items:
1.  Comment: The MICE Are  At Play
2.  Focus: Immigration Practice By Robert C. Divine
3.  Articles:
    (a) Deportation Prevented: Green Card Issued After 10 Long
    Years by Matthew L. Kolken
    (b) The Next Generation of E-Verify: Getting Employment
    Verification Right by Doris Meissner and Marc R. Rosenblum
    for the Migration Policy Institute
    (c) Bloggings On PERM Labor Certification by Joel Stewart
4.  News:
    (a) USCIS Provides Interim Deferred Action Relief For
    Surviving Spouses
    (b) USCIS On H2B Petitions
5.  Classifieds:
    (a) Help Wanted - Immigration Attorney
    (b) Immigration Law Certificate
    (c) Website Services
6.  Headlines:
    (a) 500 Groups Urge Obama To Halt Immigration Police Program
    (b) Border Patrol Sued By Illegal Immigrant's Family
    (c) Florida Defendants Face `Double Jeopardy' In Immigration
    Court
    (d) Congressman Kirk's Immigrant Blind Spot May Cost Him
    Dearly
7.  ComingsNGoings:
    (a) New Appointment - EOIR
8.  Letters From:
    (a) Honza Prchal, Esq.
    (b) Pangga
    (c) Richard H.


http://www.ilw.com/immigdaily/digest/2009,0901.shtm


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Immigration Law Seminars: http://www.ilw.com/seminars/
Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtm
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_________________________________________________________________
1.  COMMENT


The MICE Are  At Play


The Charlotte Observer
http://www.charlotteobserver.com/local/story/917007.html
reports that "The U.S. government admitted in April that it had
wrongly deported [a North Carolina] native, but newly released
documents show that federal investigators ignored FBI records and
other evidence showing that the man was a United States citizen."
Since ICE refuses to show remorse over this horrendous
occurrence, one must conclude that ICE does not believe in
Blackstone's formulation.
http://en.wikipedia.org/wiki/Blackstone's_formulation
Instead, ICE appears to take the converse position, held by such
anti-American persons as Bismarck and Pol Pot that "it is better
that ten innocent men suffer than one guilty man escape". ICE is
using the fact that we are engaged in a war against the
terrorists overseas as an excuse to prosecute a war against
immigrants at home. The new officials of the Obama administration
apparently are unaware of the perception on the ground about
ICE's terrifying actions. ICE must be reined in, and its future
efforts clearly focused on criminals and terrorists, not garden-
variety dishwashers. As to its past efforts, the new managers at
ICE would be well advised to severely punish those at ICE
responsible for deporting US citizens.


We welcome readers to share their opinion and ideas with us by
writing to mailto:editor@ilw.com.
_________________________________________________________________
2.  FOCUS


Immigration Practice By Robert C. Divine


Immigration Practice by Robert C. Divine & R. Blake Chisam
http://www.ilw.com/store/immigrationpractice.shtm
is an invaluable supplement to Kurzban's with a
different approach. It is also useful to newer practitioners and
paralegals in view of its easy to understand and practical style.
For more info, see here.
http://www.ilw.com/store/immigrationpractice.shtm
To order by fax, see here.
http://www.ilw.com/store/immigrationpractice.pdf
_________________________________________________________________
3.  ARTICLES


(a) Deportation Prevented: Green Card Issued After 10 Long Years


Matthew L. Kolken writes "During the months leading up to trial
we worked with the Government's lawyers, and convinced them that
our client was not deportable and they joined in our request to
grant our client his permanent Green Card."
http://www.ilw.com/articles/2009,0901-kolken.shtm
http://www.blogger.com/profile/05295043461768790256


(b) The Next Generation of E-Verify: Getting Employment
Verification Right


Doris Meissner and Marc R. Rosenblum for the Migration Policy
Institute write "Employers need the best available tools if they
are to successfully comply with requirements to hire only legal
workers, an essential element in preventing future illegal
immigration."
http://www.ilw.com/articles/2009,0901-meissner.pdf
http://www.migrationpolicy.org


(c) Bloggings On PERM Labor Certification


Joel Stewart writes "Service organizations that "get it" realize
the need to align their interests with those of customers and
other stakeholders."
http://www.ilw.com/articles/2009,0901-stewart.shtm
http://blogs.ilw.com/joelstewart/


To submit an Article for consideration, write to
mailto:editor@ilw.com
_________________________________________________________________
4.  NEWS


(a) USCIS Provides Interim Deferred Action Relief For Surviving
Spouses


DHS Secretary Janet Napolitano, on June 9, 2009, announced that
DHS would grant deferred action relief to surviving spouses of
U.S. citizens who died before the second anniversary of their
marriage.
http://www.ilw.com/immigdaily/news/2009,0901-spouse.pdf


(b) USCIS On H2B Petitions


USCIS would like to clarify to associations and their members
certain regulatory requirements for filing petitions for H-2B
classification on behalf of foreign workers.
http://www.ilw.com/immigdaily/news/2009,0901-H2B.pdf
_________________________________________________________________
5.  CLASSIFIEDS


(a) Help Wanted - Immigration Attorney
Miami, FL - Ira Kurzban seeks an associate who is an  experienced
brief writer and federal litigator in immigration matters to work
in his firm's office
http://www.kkwtlaw.com/
in Miami. The lawyer should have excellent research, writing and
analytical skills with at least 3 to 5 years of experience.
Spanish speaking preferred. Forward your resume and two of your
best written briefs or memoranda to mailto:ira@kkwtlaw.com or
mail to 2650 SW 27th Avenue, Miami, FL 33133.  Health + pension
plan. Competitive salary based upon experience.


(b) Immigration Law Certificate
Master the complex and ever changing maze of immigration policies
and regulations with the Immigration Law Studies Certificate
Program offered by CUNY's School of Professional Studies. This
graduate-level certificate program, consisting of (3) three-
credit classes, offers students who complete it a comprehensive
understanding of the laws, regulations, and processes surrounding
the status of immigrants in the US, including family and
employment-based immigration and deportation defense. It is
designed for individuals working in law firms, companies,
government agencies and nonprofit organizations where they
interact with immigrants and immigrant legal concerns on a
regular basis and would therefore benefit from greater knowledge
of the laws and regulations surrounding immigration. Beginning
this spring, the program is also being offered online. For more
information on class schedules, tuition and fees, course
applications and to register, see here.
http://www.sps.cuny.edu/programs/spscourses/programdescription.aspx?pid=17&sid=ILCP


(c) Website Services
Gain the competitive edge with your new website from INSZoom, the
world's largest immigration software company. Choose from a range
of template websites, complete with customized logos and images,
60-70 pps. of professionally written immigration law content
including news articles, processing dates, and priority times
posted directly on your site. Our search engine optimization
tools will increase your web traffic and prioritize your site in
the major search engines. Our content management tool lets you
update your site in real time. Customized intake sheets let you
integrate your case management software directly into your site.
Biweekly newsletters and email blast tools enable you to stay in
constant touch with current clients and strengthen your potential
client base. Build leads and maintain a professional presence at
a reasonable cost with websites from INSZoom. Learn more online
at http://www.inszoom.com/websites
or contact a sales representative at (925) 244-0600 to start the
process of launching your new website today.
_________________________________________________________________
6.  Headlines


(a) 500 Groups Urge Obama To Halt Immigration Police Program


A coalition of advocacy groups sent a letter to President Obama
last week demanding that the administration end a program that
allows local police to enforce federal immigration law.


(b) Border Patrol Sued By Illegal Immigrant's Family


The Mexican family of an illegal immigrant shot after threatening
a U.S. Border Patrol agent is suing the federal officer who
pulled the trigger as well as the U.S. government.


(c) Florida Defendants Face `Double Jeopardy' In Immigration
Court


Two legal U.S. residents were acquitted of terrorism-related
charges in federal court, yet both were charged again for the
same offenses in immigration court.


(d) Congressman Kirk's Immigrant Blind Spot May Cost Him Dearly


And it turns out that the Latino and Asian voters who know Kirk
the best, those of his home 10th Congressional District, just do
not like him all that much.


For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0901.shtm#Headlines
_________________________________________________________________
7.  ComingsNGoings


Readers can share professional announcements (up to 100-words at
no charge), email: mailto:editor@ilw.com. To announce your event,
see here http://www.ilw.com/corporate/media_sponsor.shtm


(a) New Appointment - EOIR
The Executive Office for Immigration Review (EOIR) announced that
Robin M. Stutman has been appointed as General Counsel for
EOIR.From August 1987 to August 2009, Ms. Stutman served in the
Office of Special Counsel for Immigration-Related Unfair
Employment Practices, Civil Rights Division, DOJ, as a special
litigation counsel, supervisory attorney, and senior trial
attorney. Previously, she was in private practice.
_________________________________________________________________
8.  LETTERS


Readers can share comments, email: mailto:editor@ilw.com  (up to
300-words). Past correspondence is available in our archives
http://www.ilw.com/immigdaily/archives.shtm


(a) Dear Editor:
I wish to second David Murray's sentiments of August 27th. Yes,
"America's immigration laws are outdated and do not accommodate
21st century realities. It is time for the reform of archaic
concepts such as dual intent and abandonment of a permanent
residence application without first seeking advance parole. It is
time to streamline the system with state-of the art computer
systems and software, comparable to those of the Internal Revenue
Service and the US Patent and Trademark office." Even better if
they used computer systems as good as my several year old ones at
the office, which beat the pants of what Revenuers or patent
officers use, or the poor saps who work in government provided
health care, even the relatively good system at the VA. We need
more people here, even poor ones, in order to maintain our far
above par economic growth rates and our mushrooming entitlement
system but, again, seconding Mr. Murray, immigration does come
with costs. America "cannot throw open its borders to allow all
who wish to come here seeking a better life than their country
can [or will] offer." Unregulated immigration comes with even
more costs. Compassion for other people's poor in the form of
turning a blind eye to illegal immigration hurts our own poor. As
the Wall Street Journal reported on August 22, in a story
entitled Developing World's Parasites, Disease Hit U.S.:
Researchers Say Infections Spread by Bug Bites, Larvae Are
Flourishing Along Border and in Other Pockets of Poverty" poor
areas of this country are becoming havens for diseases likely to
kill far more poor Americans than Bird Flu, and these are
diseases our physicians are not used to identifying, much less
treating.
Honza Prchal, Esq.                Birmingham, AL


(b) Dear Editor:
Responding to Mr. Murray's letter (08/31/09 ID), I think it
defends  embassy consuls even if it is clear that an erroneous
review/decision  has been made. There was a valid reason and
proof that the marriage was null and void   from the start as it
was an incestuous marriage (between first cousins)  and thus we
didn't pay a few pesos to the Regional Trial Court to issue  the
annulment.  It was obvious that the adjudicator was not very
familiar with the decision submitted as she even advised the
Beneficiary that a long process will have to be taken: annul the
marriage between the Petitioner and the Beneficiary and remarry
the  Petitioner, when it was very clear that the marriage was
legally null  and void.  Anyway, people at the U.S. Embassy in
the Philippines are the  authorities and seems like their
decisions are always right.
Pangga                  Philippines


(c) Dear Editor:
M. Jacobs' 8/31/09 ID letter is entirely right about the pro-
Irish bias in the early years of the diversity lottery program.
This program, known as AA-1 ("AA" meaning "Adversely Affected" by
the 1965 immigration law) was meant mainly as an amnesty program
for illegal aliens from Ireland and other selected European
countries. None of the normal grounds of exclusion, such as
unlawful presence (which had not yet even been invented in those
days), or even visa fraud, applied. If you were Irish (or Polish,
or from one of the many other white countries on the list) and
your name was picked, you got a green card - almost no questions
asked. As I remember, there were only two countries in all of
Asia on the list. Japan, which was still an economic powerhouse
in those days, was one. Indonesia was the other. Maybe Congress
thought that it was still a Dutch colony. There was not a single
Sub-Saharan African country on the list, and, as I recall, there
were very few from Latin America. I believe that Argentina, with
its large white population, was one. I always wondered who could
have been "adversely affected" by the 1965 immigration law, which
was meant to eliminate racial discrimination, not perpetuate it.
Then I read Jim Roberts' letters complaining about changing
America's "ethnic mix" Now I know.
Richard H.
_________________________________________________________________
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Publisher: Sam Udani   Legal Editor: Michele Kim   ISSN:1930-062X


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