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May 5 - Supremes Rule On Identity Theft Case

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


May 5, 2009


http://www.ilw.com/immigdaily/digest/2009,0505.shtm


Items:
1.  Comment: Supremes Rule On Identity Theft Case
2.  Focus: All New Editions Shipping Now
3.  Articles:
    (a) A New Dawn For EB-5 Sunset? by Carolyn S. Lee
    (b) State Of New Jersey Report To Govenor Jon S. Corzine by
    Ronald K. Chen et al. of The Governor's Blue Ribbon Advisory
    Panel On Immigrant Policy
    (c) Bloggings On PERM Labor Certification by Joel Stewart
4.  News:
    (a) Supremes Says Aggravated Identity Theft Conviction
    Requires Defendent Knows  ID Belongs To Another Person
    (b) USCIS On Revised N-426 Form
    (c) Neufeld On Certification Of Military Service
5.  Classifieds:
    (a) Help Wanted: Immigration Paralegal
    (b) Help Wanted: Immigration Attorney
    (c) Help Wanted: Immigration Attorney
    (d) Immigration Law Certificate
    (e) CLE Immigration Event
6.  Headlines:
    (a) Chris Simcox Wants To Dethrone Mccain
    (b) Mentally Ill And In Immigration Limbo
    (c) Wind Of The Spirit Immigration Forum Brings Out Experts
    On 287(G) In Morristown
    (d) [NY] Sen. Chuck Schumer Hopeful Immigration Reform's On
    Way
7.  ComingsNGoings:
    (a) New Partner - Nashville, TN
8.  Letters From:
    (a) David D. Murray, Esq.
    (b) Chia-Li Sung
    (c) Trivikram Krishnamurthy


http://www.ilw.com/immigdaily/digest/2009,0505.shtm


|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
Books On Immigration Law: http://www.ilw.com/store/
Immigration Law Seminars: http://www.ilw.com/seminars/
Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtm
Advertise: http://www.ilw.com/corporate/advertise.shtm
|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
_________________________________________________________________
1.  COMMENT


Supremes Rule On Identity Theft Case


The Los Angeles Times reports "The Supreme Court today took away
one tool for prosecuting and deporting workers who are in this
country illegally, ruling that the crime of identity theft is
limited to those who knew they had stolen another person's Social
Security number." For the full story, see here.
http://www.latimes.com/news/nationworld/nation/la-na-court-identity5-2009may05,0,7732350.story


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


All New Editions Shipping Now


ILW.COM is pleased to offer the completely revised editions of
Patel's  Immigration Law Library, the 2009-2010 Edition (Shipping
Now). This  collection includes the  essential reference resource
The  WHOLE Act, The INA (Annotated), 2009-2010 Edition,
http://www.ilw.com/store/thewholeact-ina.shtm
used by DHS  officials, federal court libraries, and many veteran
immigration  practitioners. Once you have used this version of
the INA, you will wonder  why you ever used any other! This
collection also features the 2009-2010 Edition fully indexed 8 CFR,
http://www.ilw.com/store/8cfrplus.shtm and 
fully indexed 20/22/28 CFR, 2009-2010  Edition.
http://www.ilw.com/store/20-22-28cfrplus.shtm
While supplies last, the best quality immigration law reference
books are now available at the cheapest price on the market - $189
for all three books (shipping  and handling included!)
http://www.ilw.com/store/thewholeact-ina.shtm#buynow
_________________________________________________________________
3.  ARTICLES


(a) A New Dawn For EB-5 Sunset?


Carolyn S. Lee writes "So does this mean we can feel optimistic
that the EB-5 Pilot Program will be renewed in September without
yesteryear's handwringing?"
http://www.ilw.com/articles/2009,0505-lee.shtm
http://www.millermayer.com/


(b) State Of New Jersey Report To Govenor Jon S. Corzine


Ronald K. Chen et al. of The Governor's Blue Ribbon Advisory
Panel On Immigrant Policy provide recommendations for a
comprehensive and strategic statewide approach to successfully
integrate the rapidly growing immigrant population in NJ.
http://www.ilw.com/articles/2009,0505-chen.pdf
http://www.state.nj.us/publicadvocate/home/immigrant_panel.html


(c) Bloggings On PERM Labor Certification


Joel Stewart writes "The authors explain that based on these
criteria, it "may be possible for an employer to bypass BALCA and
seek review in federal court as there is no mandatory requirement
in Sec. 656.26(a)."
http://www.ilw.com/articles/2009,0505-stewart.shtm
http://blogs.ilw.com/joelstewart/


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


(a) Supremes Says Aggravated Identity Theft Conviction Requires
Defendent Knows  ID Belongs To Another Person


In Flores v. Figueroa, No. 08-108 (Sup. Ct. May 4, 2009), the
court said that "Section 1028(a)(1) requires the Government to
show that the defendant knew that the means of identification at
issue belonged to another person."
http://www.ilw.com/immigdaily/cases/2009,0505-flores.pdf


(b) USCIS On Revised N-426 Form


USCIS proposed revisions to Form N-426 which is used to verify
the military or naval service of individuals applying for
naturalization based on their service in the U.S. armed forces.
For the USCIS release, see here.
http://www.ilw.com/immigdaily/news/2009,0505-military.pdf
For a related USCIS fact sheet on the naturalization process for
the military, see here.
http://www.ilw.com/immigdaily/news/2009,0505-military1.pdf
http://www.ilw.com/immigdaily/news/2009,0505-military.shtm


(c) Neufeld On Certification Of Military Service


USCIS Acting Associate Director Neufeld issued a memo on the
acceptance of DD Form 214 as certification of military or naval
service for veterans of the US Armed Forces.
http://www.ilw.com/immigdaily/news/2009,0505-neufeld.pdf
_________________________________________________________________
5.  CLASSIFIEDS


(a) Help Wanted: Immigration Paralegal
Reston, VA - Goel & Anderson, LLC
http://www.goellaw.com
has an immediate opening for an experienced business immigration
paralegal.  Ideal candidates will have 5+ years experience as an
immigration paralegal handling employment-based NIV and IV cases.
Prior experience should include demonstrated ability to manage
large caseload, while effectively/accurately preparing wide range
of employment-based immigrant and nonimmigrant petitions, with
strong emphasis on H-1B and L-1B matters. Experience with PERM,
I-140, adjustment of status, and complex RFE responses essential.
Successful applicants will possess thorough knowledge of
immigration law and procedure, excellent writing, communication,
organizational, and computer skills, and ability to conduct legal
research, analyze issues, and effectively interact with corporate
petitioners, beneficiaries, and law firm staff.  Five years of
prior experience, a four-year college degree, and solid
references required. Goel & Anderson is a nationally recognized
business immigration firm that offers an outstanding compensation
and benefits package. Apply with resume, cover letter, + salary
req. to mailto:careers@goellaw.com.  Principals only.  No phone calls.


(b) Help Wanted: Immigration Attorney
Long time NYC practitioner seeks young lawyer as associate (or
not so young) with or without own practice to work with a view
towards parnership and sucession. I wish to work less now and
much less later but not retire completely. Harry DeMell (212)
732-2767.


(c) Help Wanted: Immigration Attorney
Small Northern Virginia immigration law firm
http://ms.law.pro/
seeks associate with 2+ years experience in Immigration Court/BIA
litigation. Good writing skills. Spanish speaking preferred.
Salary commensurate with experience. Good benefits. Send resume
to mailto:mlfernandez@mslaw.pro.


(d) 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


(e) CLE Immigration Event
Memphis, TN - (May 15-16, 2009) The Federal Bar Association and
AILA Mid South Chapter invite you to join us for one of the most
exciting regional immigration conferences you will attend this
year. The confirmed speaker line-up is a who's who, including
respected AILA attorneys and government officials including
chairman of BIA, US Court of Appeals judge, director of OIL,
current and former immigration judges. This conference offers
opportunity to hear from a panel of ICE and CIS supervisors
discuss local priorities that affect the mid-South and
nationwide. Mingle with faculty without large crowds. This
intimate setting is perfect for both new and experienced
practitioners alike. Program includes special programs for pro
bono attorneys + criminal lawyers. Earn up to 16 CLE hours and
have fun too. Early bird deadline is April 30th. For more info,
including speakers, curriculum, and registration see the attached
brochure
http://www.fedbar.org/imm-agenda0409.pdf
or register online at http://www.fedbar.org/eventreg.html.
_________________________________________________________________
6.  Headlines


(a) Chris Simcox Wants To Dethrone Mccain


Many Arizona conservatives would like nothing more than to see
Sen. John McCain knocked off in a Republican primary.


(b) Mentally Ill And In Immigration Limbo


Jiang's journey - from a village in China to restaurants in
Brooklyn to a bare jail cell in South Florida in the custody of
Immigration and Customs Enforcement - illustrates the
vulnerability of the mentally ill in the immigration system,
advocates say.


(c) Wind Of The Spirit Immigration Forum Brings Out Experts On
287(G) In Morristown


When it comes to 287(g), the federal law that allows local police
to act as deputized immigration officials, Morristown Mayor
Donald Cresitello's stance has become a reflection of how
complicated immigration reform can be.


(d) [NY] Sen. Chuck Schumer Hopeful Immigration Reform's On Way


Sen. Chuck Schumer arrived at the Daily News/Citizenship Now
headquarters with praise and some good news - a prediction that
sweeping immigration reform will pass within the year.


For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0505.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 Partner - Nashville, TN
Bruce Buchanan was elected as a partner with King & Ballow in
Nashville, Tennessee.  Mr. Buchanan is in charge of the firm's
Immigration Section and a member of the Labor/Employment Section.
He represents employers and individuals in immigration law as
well as employers in labor and employment law.  He is the editor
of Employment Law Comment and the TBA's Labor and Employment Law
Section Newsletter. bbuchanan@kingballow.com. www.kingballow.com.
_________________________________________________________________
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 would like to be the first of its readers to congratulate
Immigration Daily on its 10th year in continuous daily
publication (see 05//04/09 ID comment). Over the years, ID has
provided its readers with accurate information, great seminars,
an avenue for legal advertising and a forum for the free
expression of differing opinions on immigration matters. Along
with me, I hope other readers appreciate the tremendous amount of
work and effort it takes to put out a daily publication of the
quality of ID, while maintaining a professional balance in
presentation. You've come a long way, ID. I look forward to many
more years of your publication and devoted service to the
immigration community.


David D. Murray, Esq. Newport Beach, CA


(b) Dear Editor:
How about we have a March for all the inmates in all the prisons
and demand the congress to change all the laws so that these
"poor babies" could all be freed and go home to their loved ones
and start to work and provide for their families. all of you
immigration lawyers out there, you know better than anyone if
it's against the immigration laws to enter this country
illegally.


Chia-Li Sung


(c) Dear Editor:
This is with reference to Mr Sheplov's letter (5/1/09 ID). I must
say, it took me a while to sort through all of his letter's
contentions. If I read it correctly, his letter implies that an
alien present illegally in the US, by virtue of having entered
into matrimony with a US citizen, should be absolved of prior
immigration infractions. I don't particularly have a problem with
that. After all this is in the context of making compliance with
immigration law a negotiable matter. Besides, the overriding
concern here, justifiably, is to make life easier for the US
citizen in question. Mr Sheplov's letter goes on to suggest
though, tangentially in my opinion, one or both of the following.
1. a marriage based on courtship outside the US or in cyberspace
is somehow more objectionable, legally, than a marriage based on
courtship on US soil made possible by violating US immigration
law. 2. a marriage between two aliens is somehow more
objectionable, legally, than a marriage where one of the persons
is a US citizen... period. I can't say which, but I have a
problem with either.
Trivikram Krishnamurthy
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
colleague!


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


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Send correspondence and articles to editor@ilw.com. Letters and
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any medium. The views expressed in letters and articles do not
necessarily represent the views of ILW.COM.
_________________________________________________________________
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