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Jan 29 - Ellis Island Of The West

Rating: 25 votes, 4.36 average.

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

January 29, 2009

1.* Comment: Ellis Island Of The West
2.* Focus: New 2008-2009 Edition For Immigration Practice By
*** Robert C. Divine
3.* Articles:
*** (a) Consular Corner: January 2009 by Liam Schwartz
*** (b) Perspective - We Win One (So Far) by Sheldon Richman for
*** the Foundation For Economic Education
*** (c) Bloggings On Immigration Law And Policy by Greg Siskind
4.* News:
*** (a) Scialabba Memo On Child Soldiers Accountability Act
*** (b) Langlois Memo On Revised Credible Fear Quality Assurance
*** Review Categories
5.* Classifieds:
*** (a) Case Management Technology
6.* Headlines:
*** (a) Gillibrand's Immigration Views Draw Fire
*** (b) Owner Of Bianco Sentenced To Prison
*** (c) Chicago Immigration Activist Marks Year In Church
*** (d) Human Rights Group: "The Clock is Ticking, President
*** Obama."
7.* ComingsNGoings:
*** (a) Immigration Event - Washington, DC
8.* Letters From:
*** (a) Sid Lachter, Esq.
*** (b) Roger Algase, Esq.
*** (c) Robert Yang
*** (d) KO
*** (e) Bruce R. Mulraney
*** (f) N. McCourt,0129.shtm

Books On Immigration Law:
Immigration Law Seminars:
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Ellis Island Of The West

Associated Press
reports "The Angel Island Immigration Station, once known as the
'Ellis Island of the West,' is reopening after a multimillion-
dollar restoration of the historical landmark aimed at showing
visitors a chapter of American history that many would rather
forget... The station was built on Angel Island, a short boat
ride from San Francisco, to help enforce the Chinese Exclusion
Act of 1882 and other laws aimed at curbing immigration at a time
when Americans were worried about immigrants stealing jobs and
depressing wages... Hundreds of thousands of immigrants, mostly
from Asia, were detained on the largest island in San Francisco
Bay for days, weeks and sometimes months in the three decades
before World War II."

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

New 2008-2009 Edition For Immigration Practice By Robert C.

Immigration Practice by Robert C. Divine & R. Blake Chisam
is an invaluable supplement to Kurzban's with a different
approach. It is also useful to newer practitioners and paralegals
in view of its easy to understand and practical style. For more
info, see here.
To order by fax, see here.

(a) Consular Corner: January 2009

Liam Schwartz writes "We're pleased to present the latest in our
series of interviews introducing the reader to the people who run
and manage the visa application process.",0129-schwartz.shtm

(b) Perspective - We Win One (So Far)

Sheldon Richman for the Foundation For Economic Education writes
"May the government declare a US resident an "enemy combatant,"
throw him in a military prison indefinitely, and never charge him
with a crime--all without judicial review?",0129-richman.shtm

(c) Bloggings On Immigration Law And Policy

Greg Siskind shares the latest entries as of January 27, 2009 on
his immigration law and policy blog.,0129-siskind.shtm

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

(a) Scialabba Memo On Child Soldiers Accountability Act

A memo from USCIS Associate Director, Refugee, Asylum &
International Operations Lori Scialabba provided notification and
a brief overview of the provisions of the Child Soldiers
Accountability Act of 2008 (CSAA), Public Law 110-340, which was
signed into law and became effective on October 3, 2008.,0129-scialabba.pdf

(b) Langlois Memo On Revised Credible Fear Quality Assurance
Review Categories

A memo from the Chief of Asylum Division of the USCIS, Joseph E.
Langlois, modified the categories of credible fear determinations
that must be sent to the Asylum Division Training, Research, and
Quality (TRAQ) Branch for quality assurance (QA) review prior to
the issuance of a final determination. In addition, the
memorandum announced new procedural requirements for all
determinations. These changes will be effective as of December
23, 2008.,0129-langlois.pdf

(a) Case Management Technology
Are you ready for the new changes in immigration? See why INSZoom
has a 99% customer retention rate. Use our forms with peace of
mind - 800+ updated within 24 hours of any new release, no
patches or downloads. E-File 20+ forms. Access your firm's online
database anywhere you have internet access. Client relationship
management tools, practice management tools, group calendaring,
emails, notes, reports, invoices, auto email alerts and
reminders, document storage and assembly. A library of
customizable questionnaires, letters and email templates
included. Online access for clients to check case status
included. Compliancy modules: I9, LCA, AR 11, PERM. Optional
services: credit card processing, Outlook & QuickBooks
integration. One-time data entry and auto population into all
documents will save you time and reduce errors. Customizable to
support solo practitioners, mid-large law firms & corporations.
We teach you how to customize the software to fit your processes
and communication needs. Founded in 1999, INSZoom is a
profitable, financially sound company, employing 100+ engineers,
sales, and support staff. INSZoom is ISO 27001:2005 certified and
the "world's largest immigration software company", built with
flexible modules that allow you to manage and control technology.
To schedule a complimentary online demo, call 925-244-0600 or
6.* Headlines

(a) Gillibrand's Immigration Views Draw Fire

During her one term in the House of Representatives, from a
largely rural, traditionally Republican district, Kirsten E.
Gillibrand was on safe political ground adopting a tough stance
against illegal immigration.

(b) Owner Of Bianco Sentenced To Prison

A federal judge, taking into account Francesco Insolia's plea
that he is a "decent, hard-working man," yesterday sentenced the
former New Bedford factory owner to spend a year and a day in

(c) Chicago Immigration Activist Marks Year In Church

Flor Crisostomo has quietly spent the last year inside a Chicago
church writing letters, meeting with school groups and organizing
political demonstrations toward her goal of U.S. Immigration

(d) Human Rights Group: "The Clock is Ticking, President Obama."

Found on the organization's Web site,, the
clock will keep track of every minute after President Obama's
inauguration until the country passes the immigration reform
legislation so desperately needed.

For links to the above stories see here:,0129.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
Maggio & Kattar is pleased to announce its first monthly
Immigration Community Forum which will take place on Wednesday,
January 28, 2009 from 12 PM - 2 PM.* Maggio & Kattar attorneys,
Elizabeth Quinn and Melissa Frisk, join area experts Elizabeth
Keyes, Staff Attorney at WEAVE (Women Empowered Against
Violence), Deepa Bijpuria, Project Director of The Multi-Ethnic
Domestic Violence Project, The Women's Law Center of Maryland,
and Natalie Nanasi, Fellow, Tahirih Justice Center to discuss
changes brought about by the interim "T" and "U" visa
regulations. This event will take place at Maggio & Kattar,* 11
Dupont Circle, NW, Washington, DC 20036.

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:
Anti-Obamites say that Article ii of the Constitution lists two
categories of citizens - natural born citizens, and citizens of
the United States - and that the first category includes only
citizens with two citizen parents.* In fact, the second category
is not citizens of the United States.* It is citizens of the
United States "at the time of the adoption of this Constitution."
That category no longer exists because it died off about 150
years ago, leaving just one category of presidency-eligible
citizens - those who are citizens by birth, not by
naturalization.* Citizens by birth are citizens in all respects
by virtue of the 14th Amendment, and the citizenship of their
parents is irrelevant no matter how strenuously anti-Obamites
misquote both case law and the Constitution.
Sid Lachter, Esq.

(b) Dear Editor:
Contrary to Mario Apuzzo's letter (01/28/09 ID), one would be
hard put to find a single sentence anywhere in the lengthy 1898
Supreme Court Wong Kim Ark decision, which contains one of the
most exhaustive discussions of 500 years of Anglo-American
citizenship law imaginable, that distinguishes between the
concept of a "natural born citizen" of the US under Article 2 of
the Constitution and that of a US citizen by birth in the US
under the 14th Amendment. On the contrary, every time the
majority decision mentions this issue, it makes clear that these
two concepts are interchangeable. Nor does Mr. Apuzzo's letter
find any support for this distinction in the dissenting opinion,
even though the dissenting Justices agreed with Mr. Apuzzo's
letter's conclusion about who is a US citizen at birth for
exactly the opposite reason, namely that there was no distinction
between these two Constitutional provisions concerning the issue
of citizenship by birth in the US. Specifically, the dissent
argued that if someone born in the US to Asian parents (who could
not become US citizens under the Chinese Exclusion laws) were
recognized as a US citizen by birth under the 14th amendment,
then he would also be eligible to become President as a "natural
born citizen" of the US under Article 2. This was, to put it
mildly, not a result that the dissenting Justices wished to see
come about. Therefore, the proposition in Mr. Apuzzo's letter,
namely that one can be a US citizen by birth under the 14th
Amendment but still somehow fail to be a "natural born citizen"
of the US in order to be eligible to become President under
Article 2, is out all by itself on a very fragile limb when it
comes to Constitutional interpretation.
Roger Algase, Esq.****************
New York, NY

(c) Dear Editor:
We need to simplify our immigration by using merits based point
system for everyone and stop the family based chain immigration.
It's very unfair to let any Americans or US legal residents to
sponsor their elderly, sick, disable or unproductive foreign
parents or relatives to come here and start collecting medicare
and social security checks. Citizens or legal US residents who
want to sponsor their parents must demonstrate that they're
financially capable to take care all the needs of their parents
and have met certain income level and net worth. Their parents
will be given renewable long term resident visas instead of
greencard, they can't never sponsor their other children to come
to US, the siblings of US citizens will now be able to immigrate
based on their own merits and skills based system. The coming CIR
must have provision that all illegal immigrants will be given
only 6 years temporary residents status, and those who want to be
permanent residents must meet certain requirements like health
insurance coverage, being self sufficient and paying all taxes,
English proficiency proven by out of their own pocket TOEFL test
and good moral characters. Those who have higher merits will get
their permanent status faster but no earlier than 6 years.
Robert Yang

(d) Dear Editor:
In less than 3 months, H-1B visas will be filed for thousands of
cheap foreign workers taking away American jobs in the midst of
the worst U.S. recession since World War II. The annual cap is
65,000 visas though employers keep claiming there are never
enough qualified American workers available and the cap should be
increased or eliminated. With unemployment on the verge of double
digits how can any respectable U.S. employer say there are no
qualified American workers to fill these jobs today?

(e) Dear Editor:
I disagree with the statement in Mario Apuzzo, Esq.'s letter
(01/28/09 ID) that "even if Obama was born in the US, he is not a
Presidential Article II "natural born Citizen" because his father
was not a USC when Obama was born." .**** At the Immigration
Officer's Basic Training Course (IOBTC) at the Federal Law
Enforcement Training Center (FLETC) in Glynco, Georgia,
Immigration Officers were taught that a child born in the United
States was a US citizen by virtue of birth in the US unless one
of four exceptions applied.* These exceptions are:**** 1) The
child was born to diplomats in the US with full diplomatic
immunity;* 2) The child was born to a foreign Head of State who
was in the US on an official visit;* 3) The child was born on a
foreign public vessel in US waters; or,* 4) The child was born to
alien members of an enemy force in hostile occupation of US
territory.**** Note that having an alien parent is not one of
these exceptions.**** I realize that Article II does not clarify
the term "natural born Citizen" but does anyone expect the courts
to interpret it as being more restrictive than birth in the
United States?****** The framers wrote Article II with the
history of 18th Century Poland in mind.* Poland was an elective
monarchy.** The nobility frequently elected foreign aristocratic
candidates sponsored* by one of the Polish Kingdom's neighbors,
i.e., Russia, Prussia or Austria.* Once elected, the new king was
only too happy to sacrifice Poland's interests for his foreign
patron.* This is what the framers wanted to prevent.**** I voted
against Mr. Obama but I cannot see how his alien father would
place him in the same category as one of the foreign-sponsored
Kings of Poland.
Bruce R. Mulraney****************
Los Angeles, CA

(f) Dear Editor:
Land Wayland's letter (1/26/09 ID) made reference to the Registry
date. This is INA 249 already on the books, all it needs is an
amendment, as was last made in the mid eighties to 1972. Last
year I wrote countless letters to the Senate and Congress members
regarding this, I did not receive one reply. I can only presume
that the concept is too simple for them to comprehend. I urge all
readers that this would help or anyone interested in reform to
contact their representatives and ask them to amend INA 249.
N. McCourt
The first daily in the field of immigration. Forward this to a

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  1. Ted's Avatar
    Obama says his "recovery plan will include UNPRECEDENTED measures that will allow the American people to hold [his] administration ACCOUNTABLE" yet Obama refuses to be held ACCOUNTABLE to the same American people for his UNPRECEDENTED refusal to show his actual birth certificate.
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