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Jul 28 - The Birthers

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

July 28, 2009

1.  Comment: The Birthers
2.  Focus: Asylum For Beginners
3.  Articles:
    (a) Post-Conviction Relief In California After Kim And Villa
    by Norton Tooby
    (b) Scrap Labor Certification by Mark E. Nerenberg, Esq.
    (c) Bloggings On PERM Labor Certification by Joel Stewart
4.  News:
    (a) USCIS Announces 18 Month TPS Extension For Somali
5.  Classifieds:
    (a) Help Wanted: Immigration Attorneys
    (b) Immigration Law Certificate
    (c) J-1 Visa Program
6.  Headlines:
    (a) Footing Illegals' Health Care
    (b) Legal Residents Await Driver's License Ruling
    (c) Illegal Status Gives Harvard Grad Few Options
    (d) Run Amok
7.  ComingsNGoings:
    (a) Share Your Professional News
8.  Letters From:
    (a) Nolan Rappaport, Esq.
    (b) David D. Murray, Esq.
    (c) Reverend Robert McDonald Vice-Chair
    (d) John H. Frecker
    (e) Gladys C. Farris
    (f) Jim Roberts

Books On Immigration Law:
Immigration Law Seminars:

The Birthers

A bizarre group of people who question Mr. Obama's eligibility to
serve as President have now created sufficient noise to get
noticed by many news organizations. We have been tracking this
group of conspiracy theorists, now called The Birthers, since
their inception, and will likely return to this issue in a future
Comment. For now, we refer our readers to three links:

++a recent news story with the latest
++ Wikipedia has, as usual, a helpful summary
++ A thorough debunking of the grotesque variety of conspiracy

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

Asylum For Beginners

ILW.COM is pleased to announce a new 3-part telephone seminar
series "Asylum For Beginners, with speakers Jeff Joseph
(discussion leader), Andres Benach, Ally Bolour, H. Raymond
Fasano, Regina Germain, Ilana Greenstein and Thomas K. Ragland.
The curriculum is as follows:

FIRST Phone Session on July 29: Preparing A Well-Developed Asylum
++Preparing the client affidavit/declaration:  How long should it
++Defining the class of persecution:  One theory or many?
++Establishing the motive of the persecutor:  What does one
central reason mean?
++How do you establish the harm?  Emotional harm?  Economic harm
++Dealing with the one year deadline:  How do you establish
changed or exceptional circumstances?
++What sources should you use to establish country conditions?
++Working with experts:  Do you need one?  How do you find them
and which do you use?
++Medical forensics evaluations:  Are they helpful?
++Authentication of documents:  What are the requirements?
++What is the attorney's role at the interview?
++Late breaking items

SECOND Phone Session on August 26: Defending the Asylum Claim in
Immigration Court
++How to deal with dual nationality
++Firm resettlement:  Is there a way around this?
++Material support bar:  what constitutes material support?  How
to establish duress
++Extortion vs. Persecution
++Corroboration:  is it required?  Dealing with REAL ID
++Dealing with credibility:
++Challenging DOS letters
++Challenging adverse authentication or forensics findings
++Admissibility of Asylum Officer assessments
++Late breaking items

THIRD Phone Session on September 23: The Ever Changing Dynamic of
Social Group Claims
++Sexual Orientation claims
++Domestic Violence:  Matter of R-A-, where are we now?
++Gang cases:  Are they winnable?  Matter of S-E-G-
++Family as a social group
++Family planning claims
++Late breaking items

Tuesday, July 27th 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

(a) Post-Conviction Relief In California After Kim And Villa

Norton Tooby writes "This article will evaluate the state of
post-conviction relief in California, in the aftermath of the
California Supreme Court's March 16, 2009 decisions in People v.
Kim and People v. Villa.",0728-tooby.shtm

(b) Scrap Labor Certification

Mark E. Nerenberg, Esq. writes "A frustrated Labor Department
sometimes lashes out at the attorneys, or the immigrants, or
both, alleging a built-in bias on their parts that could affect
the "good-faith recruitment" it wants to see from the employer.",0728-nerenberg.shtm,0728-nerenberg.shtm#bio

(c) Bloggings On PERM Labor Certification

Joel Stewart writes "The Immigration procedures for Sheepherders
(an important part of American history, culture and economy) are
complex and have always merited special attention by the U.S.

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

(a) USCIS Announces 18 Month TPS Extension For Somali Nationals

USCIS announced that DHS will extend Temporary Protected Status
(TPS) for nationals of Somalia from its current expiration date
of Sept. 17, 2009 through March 17, 2011.,0728-tps.pdf

(a) Help Wanted: Immigration Attorneys
Midtown Manhattan - Boutique law firm seeks two attorneys:  1)
Senior attorney with 3-7 years experience to manage own caseload
of employment-based immigrant and non-immigrant visa petitions
for a wide range of professionals, including research scientists,
artists/designers, athletes, IT professionals, etc, family-based
petitions, motions & EOIR matters. May also handle some
litigation matters. 2) Junior attorney with 1-3 years experience
to assist Senior attorney with business & family immigration
matters and handle personal injury/no fault and matrimonial
litigation.  This position requires admission to NY Bar;
admission to NJ Bar is a +. Both positions require great
initiative and follow-through, as well as excellent writing and
interpersonal skills.  Ideal candidates will have graduated in
the top 1/3 of their class and have Journal experience.  Salary
DOE. Please email cover letter and CV to

(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.

(c) 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 Melany Hamner at
6.  Headlines

(a) Footing Illegals' Health Care

At a time when Democrat leaders are pushing rationed care in a
world of limited resources, Americans might wonder where the call
for shared sacrifice is from illegal alien patients like those in
Los Angeles getting free liver and kidney transplants at UCLA
Medical Center.

(b) Legal Residents Await Driver's License Ruling

Like thousands of other legal Texas residents, Tercero is waiting
for court rulings in two cases that seek to stop rules linking
driver's licenses to immigration status.

(c) Illegal Status Gives Harvard Grad Few Options

Alan is among a growing number of students who have climbed to
the country's highest academic echelons only to find themselves
mired in the rancorous national debate over illegal immigration.

(d) Run Amok

The raids were supposed to be a hunt for gang members and other
dangerous criminal fugitives, but two-thirds of those arrested
were happenstance targets - Latinos with civil immigration

For links to the above stories see here:,0728.shtm#Headlines
7.  ComingsNGoings

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

(a) 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

(a) Dear Editor:
The Empty Country comment (07/27/09 ID) asserts that America in
underpopulated solely on the basis of an evaluation of population
density figures, but overpopulation does not depend only on the
size or density of the population.  It depends also on the ratio
of population to available sustainable resources, and on the
means of resource use and distribution used by that population.
If a given environment has a population of 10 individuals, but
there is food or drinking water enough for only 9, then in a
closed system where no trade is possible, that environment is
overpopulated.  The resources to be considered when evaluating
whether an ecological niche is overpopulated include clean water,
clean air, food, shelter, warmth, and other resources necessary
to sustain life.  The availability of jobs is a major
consideration also, particularly now with unemployment figures
approaching all time highs.  And if the quality of human life is
addressed, additional resources need to be considered, such as
medical care, education, proper sewage treatment, and waste
disposal. Moreover, overpopulation places competitive stress on
the basic life sustaining resources, leading to a diminished
quality of life  - and don't underestimate the violent
consequences of stress from overpopulation, such as road rage.
Nolan Rappaport, Esq.

(b) Dear Editor:
The debate over race will never be resolved. Some see race as the
motive for all action. OJ Simpson successfully played the "race
card" and was acquitted. Some see Sheriff Joe as a raciest, some
as a patriot. While he may appear heavy-handed to some, others
applaud him for protecting the community from a growing concern -
illegal immigration. Lawlessness breeds lawlessness and
vigilantism, while the likes of Sheriff Joe and the Minutemen
purport to operate with the law. When will the carrot of
opportunity fall from the stick of enticement and when will
rampant illegal immigration end if America does not enforce its
laws? No matter the arguments pro and con illegal immigration and
287(g), illegals are breaking the law. Most are "brown skinned" -
most are poor. Many use the welfare system, some clog our jails
and prisons remaining on the bottom rung of society, while many
work hard, providing cheap gardeners, nannies, housekeepers,
fruit pickers and factory workers - responsible people who are
trying to make a standard of living their home countries deny
them. That does not excuse breaking the law. I received
interesting statistics today, published by the office of Mike
Antonovich, Supervisor 5th District of the County of Los Angeles,
which reports that in 2008, the total paid by Los Angeles County
to illegal immigrants through the CalWORKs and Food Stamps
welfare programs was $449,956,938 - a staggering number. LA
County may be able to absorb these numbers, but what about small
communities in Kentucky, Indiana or New Jersey whose welfare
systems are pushed to the brink of bankruptcy because of the flow
of illegals who take away jobs in their communities? America
needs immigration reform (not CIR - buzzword for Amnesty) and we
need enforcement of the law, which includes penalties, not
rewards, for violating it.
David D. Murray, Esq.                 Newport Beach, CA

(c) Dear Editor:
Just writing to announce that we have finally filed official
recalls on Maricopa County Sheriff Joe Arpaio and Maricopa County
Attorney Andrew Thomas. We are going to let the nation and world
know that the image of ignorance and hate that Joe Arpaio, Andrew
Thomas, Pierce, Bob Burns et. al. have sent out from Arizona is a
false one. Arizona, will hence forward be a state known for Love,
humanity and justice. The image of our state is very important in
that the above individuals and their thuggish accomplices hope to
discourage nice people from moving to Arizona and instead attract
those that physically threaten and hate those that disagree with
their un-constitutional and anti-human rights behavior. In this
way, these elected "haters" will ensure themselves never getting
out of elected office. Because those that hate the constitution
and civil rights and support Joe Arpaio will out number those
that support the constitution at the ballot box. We should thank
all those politicians like Phil Gordon who stand against hate and
racism especially knowing that their going to be threatened by
these racist thugs who constantly threaten and intimidate with
violence. The racists and the un-constitutional thugs will no
longer rule our Maricopa County nor our beautiful state of
Arizona. Please, help us any way you can whether through prayer,
signing one of our petitions or helping circulate them and
getting other people to sign them. We have almost no funding
except for pennies to print the tremondous amount of petitions it
will take to get these two thugs recalled so please donate
whatever you can no donation is to small to help fight for the
constitution, human rights and justice here in Maricopa County
Reverend Robert McDonald Vice-Chair

(d) Dear Editor:
Roger Algase's letter (7/22/09 ID) dismissed a study by the CIS
(Center for Immigration Studies). After a looking at CIS'
website, I assume he was referring to a report ("Backgrounder")
entitled "The Environmental Argument for Reducing Immigration to
the US", published in June, 2009. After a review of the report,
it seems to me the point of the report was to make a link between
immigration, population growth and its negative impact on the
environment. And it seems pretty well established that
immigration is the primary "driver" of population growth in this
country. In a report on 2/7/08, the Pew Research Center said, in
part: "If current trends continue, the population of the US will
rise to 438 million in 2050, from 296 million in 2005, and 82% of
the increase will be due to immigrants and their U.S.-born
descendants". It also seems pretty well established that
population growth puts more of a strain on the environment,
wherever it occurs and regardless of the composition on the
population growth.
John H. Frecker                 Baileyville, ME

(e) Dear Editor:
When will the general public understand that bigotry is an
essencial tool for the group of anti-immigration.  I may say have
lived in this country more than my own country Panama and can
assure you even though some of the local considered me white but
can never imagine that my ethnic is "Latino".  I do not know the
deception of what it is not to go anywhere in the USA because I
never felt it.  But if my skin was brown I can asure you
repercussion of many types would have followed.  This is just in
a small scale of living.
Gladys C. Farris

(f) Dear Editor:
ID's Comment: "The Empty Country" (all references to 7/27/09 ID)
absurd "logic" regarding relative population densities would
decree that we should have the same statistics as NYC and other
similar polyglot populations who lack the prudent policies of
limited, selective entry. Because space is available doesn't mean
it should or can be packed with matter or people as the very
Universe and other reality attests.  The concept of carrying
capacity and other parameters, including water, etc., dictate
optimum numbers as well as should the desires of the existing
population, not an arrogant, presumptuous open border lobby. The
latter disserves the immigration cause  by such extreme dogma and
inflammatory language towards those who advocate limited,
responsible and prudent entry policies. Exhibit A would be R.
Algase's letters which often flee from logic, using such extreme
language as "racial profiling, sadistic, psychopathic,
humiliating, victims and concentration camp" in describing
Sheriff Joe Arpaio's jail policies which people in Arizona love
as Juan's letter attests. If it is primarily "brown skin" people
who are breaking our entry laws and others, they are who should
be in jails. RA's letters are distorted by living in NYC and
inability to see matters in any other context than racism when it
is often merely free choice which is what America is supposed to
be about. Are people who live in gated communities or invite a
limited number to a party racist or are these simply matters of
free choice?
Jim Roberts
The first daily in the field of immigration. Forward this to a

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