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Mar 5 - Traffic Deportations

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

March 5, 2009,0305.shtm

1.  Comment: Traffic Deportations
2.  Focus: Today Is The Deadline For Options For Health Care
3.  Articles:
    (a) AAO Rules That MBBS Degree Qualifies Under The
    Employment-Based Second Preference by Cyrus D. Mehta
    (b) Sweatshops: Look For The INS Label by Wendy McElroy for
    the Foundation For Economic Education
    (c) Bloggings On Immigration Law And Policy by Greg Siskind
4.  News:
    (a) Supremes Ask BIA To Address Ambiguity Re Involuntary
    (b) Neufeld Memo On Background Checks
    (c) DHS On Stimulus Act Funding
    (d) Texas AG On Constitutionality Of Proposed State
5.  Classifieds:
    (a) Help Wanted: Immigration Attorney
    (b) Help Wanted: Immigration Paralegal
    (c) Position Sought
    (d) Immigration Law Certificate
    (e) Credential Evaluation
6.  Headlines:
    (a) Supreme Court Rules For Eritrean Asylum Seeker
    (b) Tighter U.S. Oversight Comes To H-1B Visa Program
    (c) Why Highly Skilled Immigrants Are Leaving The US
    (d) Has Obama Forgotten Immigration?
7.  ComingsNGoings:
    (a) Immigration Event - Washington, DC
8.  Letters From:
    (a) Robert Gittelson
    (b) Jim Roberts,0305.shtm

Books On Immigration Law:
Immigration Law Seminars:

Traffic Deportations

The New York Times
reports that the Government Accountability Office is releasing a
report questioning the effectiveness of the federal program that
deputizes local police officers as immigration agents.   "The
government has failed to determine how many of the thousands of
people deported under the program were the kind of violent felons
it was devised to root out. Some law enforcement agencies had
used the program to deport immigrants 'who have committed minor
crimes, such as carrying an open container of alcohol,' the
report said, and at least four agencies referred minor traffic
offenders for deportation."

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

Today Is The Deadline For Options For Health Care Professionals

ILW.COM is pleased to announce "Options For Health Care
Professionals" a 3-part  telephone seminar series, featuring
distinguished speakers Robert Aronson, Joseph Curran, Jennifer
Minear, Christopher T. Musillo, Elizabeth Quinn and Greg Siskind
(discussion leaders Suzanne Seltzer and William A. Stock). The
curriculum is as follows:

FIRST Phone Session on March 5: J-1 Waivers
++ Filing for a Case Number
++ No Objection, IGA, Hardship, Persecution
++ Physician Specific Waivers
++ Pursuing More than One Waiver
++ While the Waiver is Pending (Travel/Status)
++ What happens After Waiver Approval

SECOND Phone Session on April 2: Physician Issues
++ Training: J-1, H-1B, F-1 OPT; and O-1
++ Working:  H-1B and O-1
++ Immigrating:  EB-1, NIW and PERM
++ Special Considerations for Canadian Physicians
++ Legislative Horizon

THIRD Phone Session on May 7: Nurses and Allied Health Care
++ Strategies for recruiting and keeping nurses
++ NIVs for Allied Health Professionals
++ DOS Final Rule on Visa Screen
++ Licensure and other considerations
++ Schedule A & Retrogression
++ Legislative Horizon

Don't wait to register, Wednesday, March 4th is the deadline.
For more info, including speaker bios, detailed curriculum, and
registration information, please see:
Fax form:

(a) AAO Rules That MBBS Degree Qualifies Under The Employment-
Based Second Preference

Cyrus D. Mehta writes "The AAO reasoned that since the MBBS
degree did indeed equate to an M.D. degree, the beneficiary met
the requirements of the labor certification, which required an
M.D. degree or a foreign equivalent to a US medical degree.",0305-mehta.shtm

(b) Sweatshops: Look For The INS Label

Wendy McElroy for the Foundation For Economic Education writes
"The nineteenth-century phenomenon of sweatshops is re-emerging
as an important 21st-century issue for American labor and

(c) Bloggings On Immigration Law And Policy

Greg Siskind writes "American jobs are NOT protected by

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

(a) Supremes Ask BIA To Address Ambiguity Re Involuntary

In Negusie v. Holder (No. 07-499, Supreme Court, March 3, 2009)
the Court held that "[a]s there is substance both to petitioner's
contention that involuntary acts cannot implicate the persecutor
bar because "persecution" presumes moral blameworthiness, and to
the Government's argument that the question at issue is answered
by the statute's failure to provide an exception for coerced
conduct, it must be concluded that the INA has an ambiguity that
the BIA should address in the first instance. Fedorenko, which
addressed a different statute enacted for a different purpose,
does not control the BIA's interpretation of this persecutor

(b) Neufeld Memo On Background Checks

Donald Neufeld, Acting Associate Director, Domestic Operations,
USCIS, issued a memo updating National Security Adjudication and
Reporting Requirements.,0305-neufeld.pdf

(c) DHS On Stimulus Act Funding

DHS released some details of the projects being funded by the
American Recovery and Reinvestment Act.,0305-dhs.shtm

(d) Texas AG On Constitutionality Of Proposed State Legislation

Texas Attorney General Greg Abbott published an opinion upholding
the constitutionality of a proposed state law that would provide
for the suspension or revocation of the business license of
employers of undocumented aliens.,0305-texas.shtm

(a) Help Wanted: Immigration Attorney
Washington, DC - USCIS Office of Chief Counsel (OCC) seeks
experienced attorney with 2+ years demonstrated experience in
immigration law or related experience for the Legislative Counsel
Division. Function primarily involves proposed changes to the
immigration laws, it also includes legislation on the subject of
appropriations, public benefit programs, Federal personnel law,
and any other matter affecting the operations of USCIS as a
Federal agency. Applicants must possess JD degree, be active bar
member (any jurisdiction), and have 2+ years of post-JD
experience in immigration law. For more info, key in Job
Announcement Number: COU-CIS-2009-0003 at
Submit a resume, cover letter + writing sample (max. 10 pps.) to:
Philip B. Busch, Legislative Counsel, USCIS Office of the Chief
Counsel at Must be sent by 5pm, EST,
Friday, March 13, 2009. Position is at the GS-13/15 levels. No
relocation reimbursement available.

(b) Help Wanted: Immigration Paralegal
Roseland, NJ - Fox Rothschild LLP
has an opening for an immigration paralegal. The ideal candidate
will have 5+ years of employment based immigration paralegal
experience. Experience must include preparing and filing full
range of employment-based applications, independently conducting
research, analyzing legal resources, maintaining document files
and case docketing. Must be team player, detail oriented and
possess excellent communication, writing, organizational and
computer skills. Will consider Bachelor's degree, Associate's
degree, or paralegal certificate and 5 years of experience or 10
years of comparable work experience. Please apply online at

(c) Position Sought
JD, with 10 years experience in business immigration, available
to draft and consult on complex RFE responses, MTR's, EB-1 (all
subcategories), EB-5, E-1, E-2, H-1B, L-1, O-1, NIW, PERM and TN
matters on a project basis. Additional specialization in
inadmissibility waivers, paralegal training programs, and legal
research.  Competitive hourly or flat fees.  References available
upon request.  Please contact
for additional details.

(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.

(e) Credential Evaluation
Do not order a foreign credential evaluation until you read this.
click here" Career Consulting
International, offers credential evaluation of your non-US
degree. Fast service at low prices. Mention Immigration Daily to
receive 3-day rush service at no extra cost (reg. price $70, rush
service $70 = savings of $70). H1B and I-140 specialists.
Evaluations of 4 year degrees (72hr. rush service) only $70.00.
Also 3 year degrees combined with PGD, second degrees, or work
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your evaluation... I just got approved to my I-140." "I'd like to
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documents. You helped me in a difficult situation and through
extensive research you were able to get results that other,
"bigger" agencies were unable to achieve". to see more
testimonials. Free consultation. Call today toll free:
6.  Headlines

(a) Supreme Court Rules For Eritrean Asylum Seeker

If an asylum-seeking refugee persecuted someone overseas, U.S.
government officials deciding their fate can consider whether the
refugee was coerced to participate, the Supreme Court rule on

(b) Tighter U.S. Oversight Comes To H-1B Visa Program

As federal officers raid alleged abusers, tech employers worry
they'll run short of skilled foreign workers, especially in
stimulus sectors.

(c) Why Highly Skilled Immigrants Are Leaving The US

Immigrants from countries like China and India helped launch many
of the high-growth ventures in the U.S. in recent years. But that
appears to be changing, and now many highly skilled immigrants
return to their home countries after pursuing an education in the

(d) Has Obama Forgotten Immigration?

In his $3.6 trillion budget, President Barack Obama is not shy
about promising reforms across the federal government. Except in
the area that remains a symbol of government failure:

For links to the above stories see here:,0305.shtm#Headlines
7.  ComingsNGoings

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

(a) Immigration Event - Washington, DC
Friday, March 27 - Institute for the Study of International
Migration  presents 'How Many and Which Migrants Leave?
Estimating the Unknown and Why it Matters' by Jonathan A.
Schwabish and Paul R. Cullinan. For more info and to rsvp, see

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

(a) Dear Editor:
Even if the letter of Jim Roberts, (03/03/09 ID), makes
inflammatory statements to possibly get a rise out of it's
readers, I still can't let certain statements stand. First, when
the letter demeaningly objectifies undocumented economic refugees
as "parasites," the letter goes too far. These are predominately
hard working, honest, and religious people that are trying to
pursue the American Dream, and attempting to make a better life
for themselves and their families. Many people recognize a
certain nobility in their cause. They  only ask for hard work,
and then do it. There is not one thing that is parasitic in their
intentions or deeds. For the letter to intentionally and
shamefully attempt to scapegoat our financial woes onto the backs
of these people, shows a particularly insidious ignorance of the
facts, and an intention to fear-monger and race-bait.
Furthermore, the letters of Jim Roberts have often attempted to
conflate the letter's personal views with patriotism. I was
brought up to believe that is was patriotic to vote for whichever
Presidential candidate that you believed in, but that once the
President was elected, you stood behind and respected the office
of that President whether you voted for them or not. I believe
that it is extremely un-patriotic, and akin to flag burning, to
demean the stature of our President, as does the letter of Jim
Roberts, by calling him an "illegal alien President". Finally, as
to the letter's notion that  our immigration system would somehow
be better served through the implementation of "private bail-
bondsmen," I would point out that many would equate the "coyotes"
with "private bail-bondsmen." I don't think that we want to be in
business with "private coyotes". I believe that we need to make
our immigration system more secure, efficient, and particularly
Robert Gittelson

(b) Dear Editor:
The letters of R. Algase continue to lose credibility with the
latest outrageous offering of (03/04/09 ID) where the letter's
fantasy "logic" tries to rewrite my letter (03/03/09 ID)
regarding  "our first illegal alien 'president'".  In a straight
forward article by J.R. Dieckmann - "The Hypocrite Who Hijacked
Air Force 1", writes:  "With absolutely no evidence that this man
is even an American citizen, let alone a natural born one - and
[there are] mounds of evidence that he is not - and therefore not
qualified to hold the office of president, we must consider his
almost daily excursions on Air Force 1 nothing less than a
hijacking of the most expensive airliner in the world". The
article further lists the items that BO has hired 3 law firms and
spent hundreds of thousands in legal fees to obstruct
examination:  Original vault copy birth certificate, Obama Dunham
marriage license, Soetoro Dunham marriage license, Soetoro
adoption records, Punahou School records, Original unaltered
Selective Service Registration,  Passport(Pakistan), Indonesian
citizenship records, Student Visa records upon returning to the
US,  Records of reinstatement of US citizenship (if any exist),
Occidental College records, Columbia College records, Harvard
College records and medical records".  In the event that any
objected to my use of the term "parasite" in the letter regarding
illegals, the Wikipedia definition would seem to be appropriate:
"Parasitism is a type of symbiotic relationship between two
different organisms where one organism, the parasite, takes from
the host, sometimes for a prolonged time".
Jim Roberts
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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