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Feb 5 - Gillibrand And Immigration

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

February 5, 2009

1.  Comment: Gillibrand And Immigration
2.  Focus: Relief From Removal: A Definitive Manual For Winning
3.  Articles:
    (a) When Good EB-5 Cases Go Bad by Nicolai Hinrichsen,
    Carolyn S. Lee, and Stephen W. Yale-Loehr
    (b) Land Control As Mind Control by John Chodes for the
    Foundation For Economic Education
    (c) Bloggings On Immigration Law And Policy by Greg Siskind
4.  News:
    (a) ETA Releases PERM FY 2009 Statistics
5.  Classifieds:
    (a) Help Wanted: Immigration Attorney
    (b) Help Wanted: Immigration Attorney
    (c) Case Management Technology
6.  Headlines:
    (a) Border Patrol Arrests Legal Immigrant
    (b) Reforming America's Immigration Gulags Becomes Front-
    Burner Issue
    (c) Priorities Of Immigration Advocates Are Out Of Step
    (d) Protesters Target Immigration Agency
7.  ComingsNGoings:
    (a) Immigration Event - Washington, DC
8.  Letters From:
    (a) Roger Algase, Esq.
    (b) David D. Murray, Esq.
    (c) Sergi Sheplov
    (d) Warren Atkins
    (e) Maura Freedman
    (f) Jack Phelps
    (g) Steven R. Lawrence
    (h) Jim Roberts,0205.shtm

Books On Immigration Law:
Immigration Law Seminars:
Immigration Law Workshops:
To Get Clients:

Gillibrand And Immigration

Politico asks "Is it even possible for [NY Senator] Gillibrand to
credibly reposition herself on immigration if it is not in her
political DNA?" For the full story, see here.

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

Relief From Removal: A Definitive Manual For Winning Cases

The following is the table of contents for this definitive work
which is now being shipped: 

++Chapters: Removal proceedings; Grounds of deportability;
Grounds of inadmissibility; Contesting removability; Adjustment
of status; Waivers of inadmissibility and deportability in
Removal proceedings; Section 212(c) and Cancellation of Removal
for Lawful Permanent Residents; Cancellation and Suspension for
Non-Permanent Resident Aliens; Asylum, Withholding of Removal
and protection under the Convention Against Torture; Voluntary
departure; Naturalization as a defense to Removal;
Administrative review of Removal Orders; Judicial review of
Removal Orders 

++23 Appendices include: Sample cover letter and instructions
for requesting a FBI criminal record check; Sample Motion to
Suppress; Sample Motion to Dismiss; Sample Brief in Support of
Motion to Terminate Removal Proceedings; Sample Motion to
Terminate to Proceed on an Application for Naturalization 
Pursuant to 8 CFR 1239.2; Sample Notice of Appeal from a
decision of an Immigration Judge; Sample Motion for Extension
of Time to File Brief to BIA 

++CD-ROM has 600+ important documents including: key BIA &
Federal cases, selected USCIS/ICE memos and DOS cables, forms
from USCIS & EOIR, relevant regulatory sections from 8 CFR &
42 CFR, significant statutory provisions from the INA, 18 USC
& 28 USC, Links to informative internet resources, etc. 

For more info, and to order, please see here.
For the fax order form, see here.

(a) When Good EB-5 Cases Go Bad

Nicolai Hinrichsen, Carolyn S. Lee, and Stephen W. Yale-Loehr
write "Qualifying a person for EB-5 status is one of the most
complicated subspecialties in immigration law.",0205-hinrichsen.shtm

(b) Land Control As Mind Control

John Chodes for the Foundation For Economic Education writes "To
disperse dangerous Southern "reactionaries," some of their
confiscated land was to be resettled by European immigrants.",0205-chodes.shtm

(c) Bloggings On Immigration Law And Policy

Greg Siskind discusses "why we need the H-1B program more than

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

(a) ETA Releases PERM FY 2009 Statistics

The Employment and Training Administration released selected
statistics on the PERM program for FY 2009.,0205-PERM.pdf

(a) Help Wanted: Immigration Attorney
Redmond, WA - Are you ready to make a significant impact on an
industry leader? Would you like to have the ability to contribute
to the success of many businesses and products in the technology
arena as well as make a positive impact on individuals and their
families' lives? If you do, come join us at Microsoft as a US
Immigration Attorney. We are a diverse and global company that
makes a significant positive impact on 600 million plus customers
worldwide. The Microsoft Corporation Legal & Corporate Affairs
Global Migration department plays an integral role in helping
hiring managers and recruiters hire and on board the best and
brightest. If you are ready to make a difference and learn and
grow in the US Immigration arena, we offer an opportunity like no
other. This position requires excellent academic credentials, 4-6
years experience in all NIV business visas, labor certifications,
and other business-related immigration matters. Strong case
management, customer facing, communication and writing skills
required. Full relocation package offered. To view detailed job
description and apply, see here.

(b) Help Wanted: Immigration Attorney
Los Angeles, CA- USCIS Office of Chief Counsel (OCC) seeks
experienced attorney for Associate Regional Counsel position,
USCIS OCC, Western Region. Responsibilities include, but not
limited to, serving as attorney providing on-site legal advice to
local District Office USCIS personnel on issues involving
immigration related adjudications, inadmissibility and
deportability grounds, and national security. 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-2009-0002 at
Preference is given to applicants with immigration law
experience, a background in federal litigation, an excellent
academic record, and strong writing skills. Submit a resume,
cover letter + writing sample (max. 10 pps.) to: Kelli J.
Duehning, Western Regional Counsel, USCIS Office of the Chief
Counsel at Must be received by
close of business, Tuesday, February 10, 2009. Position is at the
GS-13/14/15 levels and is open until filled. No relocation
reimbursement available.

(c) Case Management Technology
Offering enterprise-level software and unparalleled US-based
support, ImmigrationTracker
is the most flexible and dependable immigration management
solution on the market today. Designed by immigration attorneys
and paralegals, ImmigrationTracker is often praised for its ease
of use, intuitive features, and built-in immigration knowledge.
As one of our customers noted, "If we had two years and unlimited
funds to design our ideal immigration management system, Tracker
would be it."  Phil Curtis, Chin & Curtis.  Find out for yourself
why Tracker is the choice of: 83% of practicing Past Presidents
of the AILA (American Immigration Lawyers Association, through
June 2007); 86% of the 25 largest immigration law firms (IndUS
Business Journal 2006); 75% of the AmLaw 200 (largest US law
firms, American Lawyer Media, 2006); 3x as many globally ranked
immigration attorneys as compared with other software vendors
(Chambers Global and the International Who's Who of Business
Immigration Lawyers, 2007). Schedule your private demo: Call
1-888-466-8757 ext. 278 or email
6.  Headlines

(a) Border Patrol Arrests Legal Immigrant

A legal immigrant arrested by U.S. Border Patrol agents in a
traffic stop has been released from a detention center after a
weekend of incarceration.

(b) Reforming America's Immigration Gulags Becomes Front-Burner

Long ignored by policymakers because the combination of
immigration and prison reform is politically lethal, calls for
major restructuring of the immigration detention system may soon
become unavoidable.

(c) Priorities Of Immigration Advocates Are Out Of Step

More immigration is not what Latino voters want.

(d) Protesters Target Immigration Agency

The protesters claimed that ICE unfairly targets Mexican and
Latino neighborhoods and is tearing apart families and

For links to the above stories see here:,0205.shtm#Headlines
7.  ComingsNGoings

Readers can share their professional announcements (100-words or
fewer at no charge), email: Readers
interested in learning about featuring your event or conference
in Immigration Daily, see here To feature your
newsletter in Immigration Daily, see here

(a) Immigration Event - Washington, DC
Global Immigration Law Group will be hosting a seminar discussing
the Alberta Canada Permanent Residency Program for H-1B Holders
on February 7, 2009, from 9:30am - 12pm, at the Hilton, Universal
City (next to Universal Studios). The address is 555 Universal
Hollywood Drive, Universal City, California 91608. The number is
1-818-506-2500. Parking with validation is $9. Costs for the
seminar are $30 per person. Please RSVP ahead of time so that we
will have materials prepared for you. Space is limited.
Registration and payment is accepted at
ILW.COM is pleased to be a media sponsor.

Readers are welcome to share their comments, email:  (300-words or fewer preferred).
Many letters to the Editor refer to past correspondence,
available in our archives.

(a) Dear Editor:
I believe that there is a useful point to debate what the law
actually is concerning immigration related issues, as my letters
have recently tried to do in relation to the 14th amendment right
to citizenship by birth in the US. There is also much to be said
in favor of having a thoughtful and focused debate about what the
law should be, for which I commend David D. Murray's letters in
particular. However, it seems that reasoned attempts to explain
the law as it is, or as one believes it should be, are anathema
to people who are so swayed by emotion or prejudice that they are
unwilling to discuss anything dealing with immigration
objectively. The large number of letters ranting about "illegal
aliens" (a term to be found nowhere in the immigration laws -
"alien", yes, but not "illegal") in the February 4 ID is
unmistakeable, and certainly not encouraging, evidence of this.
Yes, there are people in this country illegally - millions of
them. So where do we go from here - boil them all in oil (along
with their US born children, who, under the Constitution that
every American owes allegiance to, are no less US citizens than
any author of the anti-immigrant ranting letters referred to
Roger Algase, Esq.   New York, NY

(b) Dear Editor:
I like the phrase used in Frank Rauscher's letter (02/04/09 ID),
"...trespassers, not immigrants." I have long espoused the
opinion that immigration should not be a game of politically
correct semantics, like foregoing the use of the term  "illegal"
in favor of "undocumented," and "alien" in favor of "immigrant".
Mr. Rauscher's letter hits the nail on the head in coining a new
phrase in immigration lingo, "illegal trespassers". Evidently,
the letter writer has experienced firsthand the inequity of the
US immigration system in petitioning his Chinese wife, who did
not have the luxury of entering the USA on the Visa Waiver
Program, requiring them to endure the pain of a long separation
of a year or more, no doubt further humiliated by the
traditionally poor and disrespectful treatment of Chinese
applicants at the US Consulate in Guangzhou. It is time to
streamline the approval process for US citizen spouses and remedy
their inhumane separation. US immigration policy should not be
based on compassion and concern for the poor - be they Hispanic,
Asian or otherwise - it should be based on fundamental fairness
and simple economics. Any "comprehensive immigration reform"
should begin not with the illegal trespassers, but should first
focus on fairness toward US citizens, and on US employers with a
need for nonimmigrant temporary or seasonal labor. The Illegal
trespassers can be dealt with by separate legislation, after the
total immigration system is reformed, that should include
adequate nonimmigrant employment authorized status designed to
avoid immediate deportation of the trespassers that at the same
time meets the immediate needs of employers. If later deemed
appropriate, provide the former trespassers a vehicle through
which to possibly "earn" their US residence in a way that will
benefit US employers and the overall economy, not merely reward
scofflaw acts.
David D. Murray, Esq. Newport Beach, CA

(c) Dear Editor:
Sigh, to the folks who write in twisting the concepts of justice
in these discussions of a solution to our nations immigration
problems, perhaps in the interest of bi-partisanship you could
refrain from using dehumanizing language and slurs to describe
your fellow human beings (see 02/04/09 ID). It would also be
helpful to the discussion if these folks were a little better
informed on the cause and effect of these matters. On the one
hand our restrictionists complain of the "cost" of illegal
immigrants in our communties and yet advocate and explosion of
the prison industrial complex to deport them. In the end it may
work out because we are outsourcing so many of our jobs Mexico
will soon need the workers back home. Is it possible to discuss
this problem in the context of the US citizens' rights to family
unity or freedom of Association?  Both of those concepts are
clear in the Constitution yet nary a word is breathed by those
who would bar the door to the family members of US Citizens. With
what precedent or case law do you bend the Consitution to prevent
Citizens from freely associating? If that person is his parents,
children or spouse who are not citizens then provide a mechanism
for them. We have the technology, submit application, take
biometrics, post bond and get your VISA. Forfeit the bond if you
don't come back.  Not all of illegal entry and those who are
living in this country without authorization is caused by
impossible restrictions on family unity, but it is a huge factor
in this "broken system".  I am tired of the folks who write in
twisting the concepts of justice in these matters and using
dehumanizing language and slurs and insults to describe US
Citizen children regardless of parentage.
Sergi Sheplov

(d) Dear Editor:
I have been reading ID for some time now and have not seen
information on the problems at many US consulates relating to the
current marriage-based visa system, or reform of the current
method used to issue/refuse K based visas. Several US consulates
are notorious for completely disregarding the INA, FAM and
numerous other DOS directives, policy statements, etc., used in
adjudicating K visa petitions. A few of these consulates are even
more notorious than the others. There have been no specific
reasons provided at the time of visa denial as required under law
and all attempts by the petitioners and/or beneficiaries to
obtain the reason(s) for denial are ignored. Notice Of Intent To
Deny or Revoke letters are routinely not sent by the USCIS to the
petitioners providing them with an opportunity to appeal or
rebut, and then a finding of Misrepresentation is entered into
the beneficiary's file permanently barring him/her from entering
the US on another petition and then requiring application for a
waiver. Appealing to congressional representatives for assistance
is met with the same  resistance, usually a flurry of non-
descript generic responses to requests for specific information
which are tendered by bureaucrats in the consulates, State
Department or the USCIS. Congressional representatives seem to
have no desire to take on this problem on behalf of their
constituents and are content with getting the brush-off. Even
FOIA requests for specific denial information are stymied until
the requestor usually gives up. This is an aspect of immigration
reform that is in dire need of attention by our elected leaders
but one that is usually overlooked or brushed under the rug. I
don't see enough coverage, or even any by ID, which could help
bring this problem to be included in any future Immigration
Warren Atkins

(e) Dear Editor:
The Titanic went down because engineers proclaimed she "was
unsinkable", and arrogantly ignored Mother Nature. This tragedy
was a result of mass arrogance, poor planning and ice. In much
the same way our Immigration Policy is sinking our moral ship.
"Enforcement Only" (02/03/09 ID comment) sails without life boats
resulting in the distruction of innocents. Like the Titanic the
decisions of who gets humane treatment and who sinks is based on
the class of ticket they boarded the ship with.  Unfortunately
those who most loudly protest decent and humane treatment of the
undocumented in our midst have a similar mindset, they believe
they "deserve" a lifeboat and are stepping on the hands of anyone
who attempts to board "thier ship".
Maura Freedman

(f) Dear Editor:
A reader mentions traffic law in letter (02/03/09 ID). Speed
limits apply to everyone on the road, and while the punishment
for this "civil infraction" can vary from a warning to a monetary
fine, they are generally finite and almost always the individual
who recieved the citation can argue and the judge can use
discretion in handling the case. In this civil matter the
violater is given the opportunity to make restitution. This is
never called "amnesty" nor a "reward" or a "cookie" as other
friends have suggested. With Traffic Law in most cases the
rules/signs are clear. This is not the case in Immigration Law.
Many times in Immigration Law the result cannot be forseen and
often the "punishment" doesn't have the intended effect but
actually creates more serious and expensive unintended results.
Jack Phelps

(g) Dear Editor:
I am a little concerned about the editorial comment on the E-
verify system (02/03/09 ID). While I am in favor of widespread
reform and feel that benefit legislation is necessary, I am not
so sure that the death of the e-verify system is good for
immigrants.  In reality, the E-verify system is a very visible
problem for both legal and illegal immigrants as well as some
citizens.   It highlights to employers, the difficulty in
finding, what the US government considers as legal workers.  It
is surprising to see the government also having problems with the
system. The E-verify system is heralded as the ultimate
enforcement tool by those opposing any immigration and is what
they believe the way of the future.  To end the flawed program
will only give them fuel to say, look we had a functioning system
to enforce legal work and we passed the buck some where else.
Yet, flaws and continual problems allow employers to understand
that something needs to be done with the immigration system.  If
employers were not struggling to get employees cleared under the
system, they would not have a clue of why the immigration laws
need to be changed. It is not sufficient to say then, end it all,
because we do need the workers, we do need legal means to keep
families together.  Without E-verify and the problems it creates
for employers, employers may not recognize the urgency and the
need to change or reform the immigration system, and the need for
foreign workers.    So let E-Verify be extended.   Let that
program be modified to maybe have a chance to work for some; but
without further reforms of the entire system, E-verify will
continue to plague many and continue to remind the general
population of the United States, that reform is needed.
Steven R. Lawrence  Salt Lake City, UT

(h) Dear Editor:
Regarding D. Murray's letter's  attack yesterday on my Feb. 3rd
letter, he also wrote on Jan 16th:  "I would like to see personal
attacks, rather than attacks on ideas eliminated in ID's Letters
to the Editor stopped, as they serve no useful purpose".  He also
wrote on Nov 11th:  "Hanza (sic) Prchal's letter (10/10/08 ID)
responding, by way of what seems to me a demeaning personal
attack on my intelligence, to my letter of 10/07/08 ID ... is an
insult and the type of nonsensical personal bashing that should
not be allowed in ID ... so how Mr. Prchal's letter can lambast
my opinions with such nonsense, and how ID can allow him to do so
in their publication is beyond belief. I am very angry and expect
an apology from Mr. Prchal and from Immigration Daily. If I don't
get it, you can believe this will be the last Immigration Daily
will hear from me."  Heil Hitler. Mr. Murray's letters seem to
have problems with the legitimate opinions of others, often
calling for their ban or elimination from "serious
consideration".  Opinions of others are not "non-sensical" or
"have no basis in law or fact" just because Mr. Murray's letter
so state, just as the 14th Amd. controversy regarding BO's
citizenship qualifications is not over because some letter
writers desire. Yesterday's letters of H. Prchal and R. Algase
make interesting points as do others, but plain words such as
"anti-American" and "blatant" are not inappropriate when
accurately used. Entry enthusiasts seem to have an aversion to
using plain words, preferring "undocumented workers" rather than
"illegal aliens", the correct, legal term. One might ponder the
reasons for the aversion and the apparent great need for them to
avoid or cringe at them.
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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