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Jun 16 - Supremes Silent On Border Fight

Rating: 10 votes, 5.00 average.

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

June 16, 2009,0616.shtm

1.  Comment: Supremes Silent On Border Fight
2.  Focus: Citizenship for Beginners
3.  Articles:
    (a) Practical Implications Of The WHTI by Scott Stewart and
    Fred Burton for Stratfor
    (b) Adjusting Under 245(a) Despite Having Entered Using A
    False Identity by Adam Ketcher
    (c) Bloggings On PERM Labor Certification by Joel Stewart
4.  News:
    (a) Supremes Reject Categorical Analysis In Aggravated Felony
    (b) DOS Says More Passport Offices To Come
    (c) DOJ Immigration Litigation Bulletin: September 2007
5.  Classifieds:
    (a) Help Wanted: Immigration Professional
    (b) Help Wanted: Immigration Paralegals
    (c) Website Services
    (d) Forensic Psychology Services
6.  Headlines:
    (a) Keeping Faith In President Obama's Immigration Reform
    (b) Mexican Police Fleeing Cartels Find U.S. Reluctant To
    Grant Asylum
    (c) Immigration Files Will Get New Home In Lee's Summit
    (d) Being Pro-Life Means Working For Immigration Reform
7.  ComingsNGoings:
    (a) New Offices - Laurel, MD
8.  Letters From:
    (a) David D. Murray, Esq.
    (b) Honza Prchal, Esq.
    (c) Sabir Hussain
    (d) Hokkyhokkyuntung
    (e) Sergi Sheplov,0616.shtm

Books On Immigration Law:
Immigration Law Seminars:

Supremes Silent On Border Fight

The Associated Press reports " The Supreme Court on Monday
refused to get involved in local Texas governments' fight against
hundreds of miles of fencing along the U.S.-Mexico border." For
the full story, see here.

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

Citizenship for Beginners

The curriculum for our new 3-part telephone seminar series
"Citizenship for Beginners" is as follows:

FIRST Phone Session on June 17:
++Why is citizenship important? No issues on admissibility,
"sponsorship" of family, eligibility for jobs, protection from
removal, rights of LPRs vs. USCs
++How does one become a citizen? Birth, children of diplomats,
naturalization - a general overview
++The English language requirement, N-648, the new "civics" exam
++The Child Citizenship Act of 2000

SECOND Phone Session on July 8:
++ Naturalization requirements: LPR status, state residency,
continuous residence, physical presence, and preserving residence
for naturalization purposes, document, intent, 4-year rule
++Definitions and standards: Criminal convictions, post
conviction relief, good moral character, statutory period,
expungements, motions to unseal, coram nobis
++Risks of making application: Grounds for removal
++N-336 the necessary evil
++Going to court for background check delays not hard

THIRD Phone Session on August 5:
++ Citizenship through birth outside of the US
++How to discover if one derived US citizenship? - How to read
and use the charts on derivation
++Proving the claim - Residence and Physical presence
++Does USCIS recognize dual citizenship? Why? so what?

Don't wait to register, Tuesday, June 16th is the
deadline. For more info, including speaker bios,
detailed curriculum, and  registration information, please see:
Fax form:

(a) Practical Implications Of The WHTI

Scott Stewart and Fred Burton for Stratfor write "One of the
benefits of the WHTI is that it will now force those wishing to
obtain genuine documents by fraud to travel to a higher level
it has, in effect, upped the ante.",0616-burton.shtm

(b) Adjusting Under 245(a) Despite Having Entered Using A False

Adam Ketcher writes "For purposes of this article, let us assume
that a hypothetical client walks in to our office with evidence
that he has entered the United States as an eleven-year old child
through a B-2 visa that had been stamped into a photo-substituted
passport from a country other than his own native country.",0616-ketcher.shtm

(c) Bloggings On PERM Labor Certification

Joel Stewart writes "PERM cases may be filed under second
preference, but only if the applicants (and their PERM cases)
show that the aliens qualify as persons with advanced degrees or
exceptional ability.",0616-stewart.shtm

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

(a) Supremes Reject Categorical Analysis In Aggravated Felony

In Nijahwan v. Holder, (No. 08-495) (Jun 15, 2009), the Supreme
Court in an unanimous decision said that "the "fraud and deceit"
provision before us calls for a "circumstance-specific," not a
"categorical", interpretation.",0616-nijhawan.pdf

(b) DOS Says More Passport Offices To Come

The Department of State announced plans to expand the existing
network of 21 passport agencies and centers nationwide.,0616-passports.shtm

(c) DOJ Immigration Litigation Bulletin: September 2007

We carry the September 2007 issue of The Office of Immigration
Litigation Bulletin.,0616-OIL.pdf

(a) Help Wanted: Immigration Professional
U.S. Committee for Refugees and Immigrants (USCRI),
an Arlington, VA  not-for-profit national organization dedicated
to addressing the needs and rights of refugees and immigrants, is
seeking a highly motivated proven leader to serve as Vice
President. Responsibilities include oversight, implementation,
and accountability for quality of programs and delivery of
services. The Vice President reports to the President and CEO and
works as part of the Senior Management Team. Strong and
significant experience in program growth, development of
proposals, project design, implementation and management, is
required.  He/She will have budget, fundraising and supervisory
responsibilities.  For a more detailed job description and
application process please visit job openings at

(b) Help Wanted: Immigration Paralegals
Leading immigration law firm, Foster Quan, LLP,
seeks experienced immigration legal assistants for its Houston
and Austin, TX offices. Applicants must have two years of
employment based immigration experience. A university degree is
required, as well as strong writing and communication skills and
proficiency with Microsoft Word, Outlook and Excel. Foreign
language fluency is preferred. Must be detail oriented, able to
multi-task and have strong analytical and organizational skills.
Send resume and cover letter via e-mail to, referencing the position title in the
subject line.

(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
or contact a sales representative at (925) 244-0600 to start the
process of launching your new website today.

(d) Forensic Psychology Services
Forensic Psychology Group - nationwide service - 800-852-2160.
The Forensic Psychology Group provides nationwide expert witness
services in all areas of immigration law. It is led by Stephen
Reich, PhD, JD, and Grace P. Lee, PhD, JD, who are both clinical
psychologists and attorneys, and also AILA members. The Group's
experts - all licensed psychologists or psychiatrists - have
extensive experience in working collaboratively with immigration
lawyers on a wide range of forensic psychological issues. We
offer nationwide service in the following areas: psychological
consultation, psychodiagnostic evaluation, psychological reports,
expert witness services, courtroom testimony, political asylum
evaluation, extreme and exceptional hardship evaluations, spousal
abuse, citizenship waivers. Dr. Stephen Reich, the Group's
founder and director, is a nationally known forensic psychologist
who holds a BA, JD, and MBA from Columbia University, and an MA
and PhD in Clinical Psychology from Fordham University. He has
been on the faculty of Weill Cornell Medical College and on the
Attending Staff of New York Presbyterian Hospital for 30+ years.
Visit The Forensic Psychology Group.
The right experts make a real difference.
6.  Headlines

(a) Keeping Faith In President Obama's Immigration Reform Vows

Poll after poll has shown that a White House effort to solve the
immigration crisis would be supported by at least 60% of the
American people.

(b) Mexican Police Fleeing Cartels Find U.S. Reluctant To Grant

Some who have come to the U.S. to escape the dilemma find the
system unsympathetic.

(c) Immigration Files Will Get New Home In Lee's Summit

The difference the transfer between agencies makes is that the A-
files will now become easily accessible to the general public
without having to file a Freedom of Information Act request.

(d) Being Pro-Life Means Working For Immigration Reform

But we can't ignore people in need, and we won't be quiet about
laws that don't work-- or that, in their "working",
create impossible contradictions and suffering.

For links to the above stories see here:,0616.shtm#Headlines
7.  ComingsNGoings

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

(a) New Offices - Laurel, MD
Attorney Francine L. Applewhite is happy to announce that her
Immigration Law Practice,  is now located at the Law Office of
Francine L. Applewhite, 4900 Riding Ridge Court, Laurel, MD
20707.  240-593-6308.  Attorney Applewhite is an experienced
immigration law practitioner assisting clients in all areas of
immigration law.

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

(a) Dear Editor:
It is obvious from Honza Prchal's letter (06/15/09 ID) that he
was not in the US during the Civil Rights protests and the
eventual passage of the Civil Right Act in 1964. While bussing is
not necessary today, back in the 1960's it was necessary to
achieve the type of results we now see, which is comparative
harmony between blacks and whites, rather than the disharmony of
the 1960's.  The letter's comment that "Black children do not
need to sit next to a white student to learn." is about as
raciest a statement as I have ever heard. That was the exact
argument of the racists in the '60's. During segregation, black
children were not allowed to sit next to white children; they
were not allowed to ride in the front of any bus, not allowed to
use the white restrooms at gas stations, not allowed to stay in
white hotels, to eat at white diners, or attend white schools.
Back then, whites knew nothing about blacks and feared them. Mr.
Prchal's statement that, "Race-neutral criteria are what we need,
whether the results are de facto unequal should be of no
consequence in our public policy - that's what the Civil War was
about after all about." resounds racism as well as ignorance of
true American history. The civil war was not about race
relations. True, the slaves were black, but the political
motivation was that the agrarian South that depended on cheap
slave versus the more powerful industrialists of the north, where
there were few if any slaves in the factories, who did not care
so much to abolish slavery, but to preserve the Union from
separation. But that's not the way it is written in the
traditional American text books, which paint it with more noble
David D. Murray, Esq. Newport Beach, CA

(b) Dear Editor:
The killing at the Holocaust Museum was terrible and is a good
reason for all people of good faith to re-examine their
assumptions for smaller versions of the same demons that drove
the shooter, but Roger Algase's letter's attempts of June 12 and
15 to tar all white Christians as somehow having much in common
with the killer is in poor taste. In response to his letter's
rhetorical question "imagine what the outcry would have been if
the killer had been a Mexican, especially an illegal one, instead
of a native-born American who happened to be an admirer of Adolf
Hitler?" I pose the necessary counter-question, imagine what the
outcry would have been if the Reverend Jeremiah Wright had not
slandered Jews keeping Obama from answering his phone calls the
day before? I expect that the more excitable among the leftist
pundits would have been blaming John McCain and George W. Bush
for the shooting. Anti-Semitism is always poisonous, but
politically it veers from right to left and back again,
maintaining a steady presence across the political spectrum since
there have been Jews on the planet. If one is to be distasteful
enough to throw stones at mainstream politicians or broad classes
of people, one should beware the potential for friendly fire, as
it were. Racism is a sin. As such it is individual and not the
exclusive domain of any race, religion or political grouping. It
is blessedly rare in the United States and using something as
dreadful as the attack on the Holocaust Memorial to smear
opponents of immigration reform or Christians or whites by
association is both a manifestation of the same failing and
unlikely to garner support for overhauling our foolishly
micromanaged and Kafkaesque immigration laws.
Honza Prchal, Esq.  Birmingham, AL

Dear Editor:  Honza Prchal's (06/15/09 ID) letter shows
surprising ignorance of the legal history of school segregation
in America, especially in view of the fact that he is an attorney
and that his letters come from Birmingham Alabama, a city that is
not exactly unconnected with this country's record of racial
discrimination. His letter states that a black child does not
need to sit next to a white child to learn. This statement would
take us all the way back to the "separate but equal" doctrine of
the 1896 Supreme Court case of Plessy v, Ferguson, which upheld
state school segregation laws based on precisely the same
rationale. However, the purpose of these laws, as everyone in
America knows, was not to promote color-blindness or race-
neutrality, but exactly the opposite, namely to brand black
children as inferior and unfit to learn next to white children.
For this reason, the 1954 Brown v, Board of Education decision
overruled Plessy v. Ferguson and held that separate eduction was
inherently unequal, because it instilled a feeling of inferiority
in black children that made it more difficult for them to learn.
Even the most rabid opponent of immigration would not (at least
openly) advocate returning to the immigration laws that were in
effect in 1896, because of the explicitly racist Chinese
exclusion laws that were in full force and effect at that time.
But these laws were merely the corollary of the Jim Crow system
of oppression against African-Americans that the school busing
which Mr. Prchal's letter opposes in the name of ''race
neutrality" was designed to help dismantle. The last thing
America needs is to return to that dismal time, under the false
pretext of being ''color blind". I appreciate Robert Gittelson's
letter's kind comment (06/15/09 ID) about my letters of last
week. I hope this week will be a good one too.
Roger Algase, Esq.
New York, NY

(c) Dear Editor:
I enjoy ID particularly the comments/articles by various
professionals who share their knowledge without limitation.
One of our colleagues who is your subscriber is also known for
his helping hand to many immigrants and asylum seekers. I
thought, with his permission of course, to let you know about his
future intentions: He is my attorney known as Imtiaz s. Syed
practicing in lower Manhattan, New York. He is running for Public
Advocate in New York City as Democrat. Public Advocate is
president of legislative City Council comprising of 51 City
Councilors. He also acts as Ombudsman for the agencies run of
Mayor of NYC.    He intends to make the Mayor's Immigration
Project more effective in resolving the problems of various
applicants in immigration and naturalization process by creating
an effective link between applicants of NYC and USCIS.. He is
lobbying for Dream Act to be enacted via Executive Order so that
thousands of teenagers without SSN and work authorization could
go to school/universities. Good enough. I need your help relating
to his stand on DV Lottery Visa. I came to this country on this
visa. He thinks that DV Visa Lottery be abolished and the
resultant quota be added back to the pool to facilitate and
reduce the waiting time  for the families of immigrants.  Is DV
Visa useful?
Sabir Hussain

(d) Dear Editor:
Responding to Prchal's letter (06/12/09 ID), racism and this
immigration debate will surely end if anyone trying to put their
feet on others' shoes. Humanity can no longer survive if we let
ignorance, hatred, division, greed and bigotry thrive. I am tired
of ones who put double standard on human rights of survival and
seeking happiness, freedom, prosperity and better opportunities
by justifying their own rights and their past ancestors' rights
for doing so but denying others today to do the same and
shamefully many cherry pick religious verses to justify their
hypocrite and selfish stand. It's still illegal for gays to get
married in some states, gays are hanged in Iran and many other
Islamic nations ruled by strict Sharia because it's an
abomination and immoral but it doesn't mean our common sense
tells us it's perfectly acceptable and just. We have our own
problem with religious fundamentalists here at home who balk
about gay couples demanding equal rights including marriage by
calling it destroying the "sanctity of marriage" but say none
about sex outside marriage nor whether they must support on
divorce ban by immature and selfish parents who do a lot of harm
to their children. It's also mind boggling for me with a
President and future coming female Latina justice, we still
justify reversed racism called affirmative action. President
Obama and Justice Sotomayor must defend justice and equal rights
for all Americans by abolishing affirmative action for good. A
nation ruled by meritocracy with no favoritism based on skin
color and race for any reasons. We need much more common sense
approach in our reform on welfare, immigration and any other
issues and policies here.

(e) Dear Editor:
In answer to Roger Algase's letter's recent question (6/12/09 ID)
"Why is it that our Department of Homeland Security is too busy
fining or investigating employers who hire immigrants and
building fences to nowhere along the Mexican border to track down
home-grown right wing terrorists and protect us from them? I
offer this wisdom from Eduardo Galeano in his recent book
"Mirrors" "The Devil is Foreign"..."the blame-o-meter indicates
that immigrants have come to steal our jobs, and the danger-o-
meter is flashing red. If poor, young, and nonwhite, the intruder
from outside is deemed guilty at first sight, guilty of idigence,
of chaos, or carrying the unconcealed weapon of his skin. If
neither poor nor young or dark, a nasty welcom is justified in
any case, since he or she come prepared to work twice as hard for
half as much.
Sergi Sheplov
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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