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A three-page plan
"A pair of influential senators presented President Obama with a three-page blueprint for a bipartisan agreement to overhaul the nation's immigration system, but the proposal's viability is threatened by politics surrounding the healthcare debate." LA Times, Mar. 12, 2010.
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Backlog in Immigration Cases Continues to Climb
"Cases awaiting a hearing in the nation's Immigration Courts reached an all-time high of 228,421 in the first months of FY 2010, according to very timely government enforcement data obtained by the Transactional Records Access Clearinghouse (TRAC). The current number of pending cases is up 23 percent just since the end of FY 2008, and 82 percent higher than it was ten years ago." TRAC, Mar. 2010.
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Backlog of hearings reaches all-time high in federal immigration courts
"The backlog of deportation, political asylum and other cases awaiting a hearing in federal immigration courts has reached an all-time high even as a record number of judge positions remained unfilled, according to a report released today." WaPo, Mar. 12, 2010.
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Business owners push Obama on immigration reform
"The proponents believe immigration reform will help stimulate the nation's shaky economy, including the housing market. "The majority of Realtors support immigration reform because immigrants are the source of many first-home sales," Elgin Realtor Sandro Rodriguez said." AP, Mar. 12, 2010.
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CIR needs GOP backing
"President Obama said Thursday that he would proceed with an overhaul of the immigration system this year if he could attract substantial Republican support. But a leading Republican who supports an overhaul said an immigration bill could not go forward if the president used a legislative shortcut sidestepping Republicans to pass his health care bill." NYT, Mar. 11, 2010.
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E-Verify Horror Stories
Example: "A U.S. citizen and former captain in the U.S. Navy with 34 years of service and a history of having maintained high security clearance was flagged by E-Verify as not eligible for employment. It took him and his wife, an attorney, two months to resolve the discrepancy." NILC, Mar. 2010.
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Fees, Deadlines Loom for Haitians in Florida
"While welcomed by the Haitian-American community, the TPS offer is turning out to have its pitfalls, say attorneys and paralegals. Among the problems: The status is good for only 18 months. After that, they say, what are the thousands of Haitians to do? Experts say there is no way the devastated country will be rebuilt by then. Also, the application fee of $400 to $500 is something many Haitians simply don't have. Fee waivers are offered, but extensive proof is required, and some attorneys and paralegals claim the immigration agency is sitting on the applications that include fee waivers. The USCIS denies this." DBR, Mar. 12, 2010.
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ICE agent pleads guilty in Katrina shooting cover-up
"A second former New Orleans Police Department (NOPD) officer has pleaded guilty to covering up a deadly police shooting in the days after Hurricane Katrina, the Justice Department today announced. Jeffrey Lehrmann, a former NOPD detective who currently works as a special agent for Immigration and Customs Enforcement, pleaded guilty to misprision of a felony (a charge for concealing a known felony), for failing to report a conspiracy to obstruct justice in the investigation of a police-involved shooting on the Danziger Bridge in New Orleans. The Sept. 4, 2005, shooting left two civilians dead and four others seriously injured." DOJ, Mar. 11, 2010.
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Immigration courts filled with cases, not judges
"The nation's immigration courts are choked by the largest backlog of pending deportation and asylum cases in history, more than 18,000 of them in Texas, a Syracuse University-based data research institute reported Thursday. Part of the problem is the slow pace of judicial hiring, which pushed immigrants' wait to an average of 439 days nationwide." Houston Chronicle, Mar. 11, 2010.
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The Traumas of Immigration Law
"It began as an ordinary academic presentation. Backed by a power-point, sociologist Alison Newby showed a crowd at New Mexico State University (NMSU) in Las Cruces how more than 400 public and privately-contracted immigrant detention facilities imprison more than 440,000 people, at a cost surpassing $1.7 billion annually to the taxpayers. ... Then Newby got personal." Kent Paterson, Mar. 11, 2010.
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17 arrested at Fremont, Neb., meatpacking plant for immigration violations, ICE says
"Seventeen people were in federal custody Wednesday as part of an ongoing investigation of a Fremont meatpacking plant by immigration officials, authorities said. U.S. Immigration and Customs Enforcement spokesman Greg Palmore said the 17 were arrested Tuesday at Fremont Beef Company for immigration violations." AP, Mar. 10, 2010.
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Advocates Stage Rally on Steps of City Hall in New York
"A warm and sunny afternoon brought out around 150 protesters to the steps of New York’s City Hall to gain momentum for the March 21 immigration reform rally in Washington D.C. The press conference, organized by the New York Immigration Coalition (NYIC), encompassed leaders of immigrant, ethnic, labor and faith communities from throughout the state. NYIC anticipates over ten thousand New Yorkers will attend the rally." Latin Dispatch, Mar. 10, 2010.
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Anxious time for Liberians in U.S.
"Rhode Island lawmakers expressed optimism Wednesday that Liberians in the state will win another year’s extension of their immigration status before it expires at the end of this month." Providence Journal, Mar. 11, 2010.
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Clinton on release of 2009 Country Reports
"These reports are an essential tool – for activists who courageously struggle to protect rights in communities around the world; for journalists and scholars who document rights violations and who report on the work of those who champion the vulnerable; and for governments, including our own, as they work to craft strategies to encourage protection of human rights of more individuals in more places." DOS, Mar. 11, 2010.
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ICE can't be bothered to inform detainee of pardon
"After four months locked in a New Jersey immigration jail facing deportation, Qing Hong Wu, 29, was told by guards to pack his things on Tuesday evening. Fearing that he was being abruptly transferred to a detention center in Texas or Louisiana, like many detainees with families in New York City, Mr. Wu asked other inmates to try to alert his fiancée. Even as guards at the front desk told him to walk out of the Monmouth County Correctional Institute in Freehold, N.J., no one at the jail had told him why. With no way for his lawyers or family to call him, he was unaware of the news that they and a widening circle of supporters around the world had been celebrating since Saturday: Gov. David A. Paterson had pardoned Mr. Wu, an information technology executive whose rise from poverty and street crime in Chinatown had almost ended in deportation to China, a country he left at 5, and where he knew no one." Nina Bernstein, NYT, Mar. 11, 2010.
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Love is a crime
"Merlin Mireles worked at the Port of Progresso near Brownsville, Texas, and struck up a romance with a Mexican woman who had entered the United States illegally, prosecutors said. In 2004, he moved her and her two children to Metairie to live in properties that he and his mother owned." Times-Picayune, Mar. 10, 2010.
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New ICE memo explains how officials should address detained U.S. citizens
"On the heels of several reports documenting U.S. citizens who have been detained or even deported by federal immigration officers, a top Homeland Security Department official in November issued a memo that aims to guide his agency on what to do when a person suspected of being illegally in the country claims to be a citizen." Andrew Becker, Center for Investigative Reporting, Mar. 10, 2010.
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Obama "unwavering" in support of CIR
"In a statement, the president said he is fully committed to revising immigration laws but presented no timeline for moving forward. "I told both the senators and the community leaders that my commitment to comprehensive immigration reform is unwavering, and that I will continue to be their partner in this important effort," Mr. Obama said." WSJ, Mar. 11, 2010.
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Postville interpreter pushes for immigration reform
"By not addressing the root causes of migration, we are feeding an intergenerational migration that no wall can stop," said the Florida International University professor. "Desperate people do desperate things." WCF Courier, Mar. 10, 2010.
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Senate CIR bill taking shape?
"Schumer said comprehensive immigration reform is closer to reality than it appears. "We only have a couple more things to get done," he said Wednesday." Fox, Mar. 10, 2010.
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Undocumented and unafraid
"Her name is Tania, and she's undocumented.
"It's a radical act just to say it," she says, sitting in her workplace, which for this column she'd rather not identify." Chicago Tribune, Mar. 10, 2010.
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Undocumented immigrants offer U.S. a shot of optimism
"Despite all the talk about a tide of pessimism surging in our country, optimism isn't dead. It's just in hiding." Rudy Ruiz, Mar. 10, 2010.
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Undocumented Youths Adopt Risky Tactic
"My name is Reyna and I am undocumented. I will not hide any longer. I will come out of the shadows. I’m a human being." WBEZ, Mar. 10, 2010.
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CIR: Very important, but not happening soon
"While many Democrats publicly embrace comprehensive reform, most are privately rooting for inertia rather than tying themselves to any proposal that could be used against them in the midterms. The tough part for Obama, however, is that the Obama-Graham-Schumer summit is also being closely watched by Hispanic groups, who are demanding proof of action as a reward for their overwhelming support of Obama in 2008. With a massive March 21 pro-immigration reform rally planned for Washington, and Latinos the fastest-growing segment of the electorate, Obama can ill afford to alienate them. “For the Latino community in this country, it’s the civil rights issue of their time, so delay obviously adds to disillusionment,” said Sen. Robert Menendez (D-N.J.), a Cuban-American who has urged the administration to move more quickly. Immigration reform, he added, “would seal the community’s commitment to the Democratic Party.” That opinion is shared by a collection of Hispanic groups, who have pressured the White House in forceful terms, threatening to withdraw support if Obama doesn’t follow through on his commitment. But the appetite for a huge new push in immigration is as weak as it has been in years, with moderates like Sen. Susan Collins (R-Maine) — ranking member of the Homeland Security Committee — saying it’s not even on her radar. “I’m not even thinking about it,” she said." Politico, Mar. 10, 2010.
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Immigration reform affords chance to improve economy
"As President Barack Obama discusses immigration reform with congressional leaders, it is important to keep in mind that such reform would deliver a much-needed boost to the U.S. economy." Walter Ewing, Ph.D., Mar. 9, 2010.
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Latino voters can't wait till mañana
"This week's White House showpiece meeting with Schumer and Graham [is] meant to say to Latinos and to immigration advocates, "I am still with you". But for Latinos, long accustomed to being courted, then shunted to the side, all it really says is: "Mañana."" Stewart J. Lawrence, Mar. 9, 2010.
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Mexican business owners seek safety in U.S.
"At least 160 Mexican business owners thinking about finding a new home country will gather at a Monterrey, Mexico, hotel Wednesday morning to attend a seminar covering topics such as the legal requirements and financial resources in Texas to opportunities such as franchises and a review of the resources available to help Mexicans adapt to the U.S. market.
Mexicans with enough money find it easy to move to and invest in the United States, thanks to a wide variety of visa categories, some established by the North American Free Trade Agreement, said San Antonio lawyer Robert Barnett." San Antonio Express-News, Mar. 8, 2010.
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Phoenix business first to close for hiring undocumented worker
"Danny's Subway, a sandwich shop at 1950 W. Indian School Road in Phoenix, will close for two days this year- Easter and Thanksgiving - under the terms of an agreement in which company President Dan Rose conceded that the business knowingly hired an illegal worker." Arizona Republic, Mar. 10, 2010.
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Tweeting for Startup Visa
"So far, more than 780 voters have sent over 2,800 messages to their elected representatives through 2gov, a nifty tool that channels Tweets to Congress. And 95 percent are supporting the bill." NextGov, Mar. 8, 2010.
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Undocumented Asians face unique challenges in the U.S.
"Most people think about Latinos when the conversation turns to illegal immigration, however there are more than 1 million undocumented Asians living in the U.S." Medill Reports, Mar. 8, 2010.
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ICE bars journalist from immigration court
"I asked them for a legal reason for my being denied access to the courts that morning. None was offered. Instead, Asst. Warden Stansel said, "This investigation is for your safety." I said I thought it was great that they were doing an investigation but I didn't understand why this would prevent my access that day. What if I waived my safety concerns? He repeated that he had been ordered by his warden who had been ordered by someone else not to allow me in." Jacqueline Stevens, Mar. 9, 2010.
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Starving for Reform
"Inmates in a South Texas detention facility began a series of staggered hunger strikes in January, hoping for better conditions and fewer transfers, as advocates pleaded for the federal government to come through on failed promises to reform the immigrant-detention system. Those failings, they argue, prompted inmates at the facility, which sits less than 50 miles from Harlingen, to refuse food in protest of what they allege is mental and physical abuse, lack of medical care and near-nil access to legal resources." Texas Tribune, Mar. 9, 2010.
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Are You Serious About Jobs?
"Immigrants don’t stand in the way of economic growth—they actually feed it. Numerous economic studies from across the ideological spectrum show that immigrant workers are important to economic growth." Angela Maria Kelley, Gebe Martinez, Mar. 2, 2010.
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Expanding E-Verify Would Hurt American Workers and Business
IPC, Mar. 2, 2010.
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Mexican Immigrants in the United States
"This spotlight focuses on Mexican immigrants residing in the United States, examining the population's size, flow, geographic distribution, and socioeconomic characteristics using data from the US Census Bureau's 2008 American Community Survey (ACS) and 2000 Decennial Census, and the Department of Homeland Security's Office of Immigration Statistics (OIS) for 2008." MPI, Feb. 2010.
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Haiti Tragedy Raises Important Immigration Issues for the United States
"As the world community responds to the devastation caused by the January 12, 2010, earthquake in Haiti — which left an estimated 200,000 people dead and 1.5 million homeless — the role of immigration policy has emerged as a central consideration of the relief and reconstruction efforts." MPI, Feb. 16, 2010.
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Immigrants Fill Courtrooms Amid Vacuum of Justice
Michelle Chen, Feb. 16, 2010.
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THE CRIMINAL ALIEN PROGRAM: IMMIGRATION ENFORCEMENT IN TRAVIS COUNTY, TEXAS
"This paper provides a brief history and background on the CAP program. It also includes a case study of CAP implementation in Travis County, Texas, which finds that the program has a negative impact on communities because it increases the community’s fear of reporting crime to police, is costly, and may encourage racial profiling." IPC, Feb. 2010.
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Visiting immigrants in detention
"Visitors seek to provide a compassionate face and an affirmation of humanity in the midst of a dehumanizing scenario. We don’t visit as social workers or lawyers, but simply as friends."
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A Day in "Operation Streamline" Court
"Since Streamline arrived in Arizona in 2008 it has morphed into a pipeline transferring millions in federal funds into the state’s anemic economy. Almost everyone involved in the program is lining their pockets with taxpayer money, from a controversial private prison company to a rapidly growing pool of courthouse criminal defense attorneys to the grim federal marshals who herd migrants in and out of the courtroom. Thanks to Streamline, the number of public defenders has nearly doubled in Tucson, the Border Patrol has bolstered its ranks with new agents and the local prison industry is booming. The program represents the entrenchment of a parallel nonproductive economy promoting abuse behind the guise of law enforcement and crime deterrence." Max Blumenthal, Feb. 14, 2010.
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The Shadow Prison Industry and Its Government Enablers
"A shadow prison industry has spread to all parts of the federal detention and prison system. It is, with a few exceptions, in complete charge of all immigrant imprisonment and detention at both DOJ and DHS. Because the shadow industry has evolved without a plan or strategy, it has become a bizarre, labyrinthine complex of public and private players that is little understood and frighteningly out of control." Tom Barry, Jan. 2010.
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All Walled Up
"The rust-colored, steel-and-cement wall has become a surreal fixture on Brownsville’s skyline. It cleaves downtown Hope Park, built as a symbol of unity between the United States and Mexico. It stops and starts, without rhyme or reason, along the Rio Grande River’s levees, leaving miles of gaps. It highlights the city’s economic divide: It’s the first thing folks in the poorer barrios see when they look out their windows, while richer folks enjoy unaltered views of palm trees and manicured fairways when they tee off on private golf courses. It zigs and zags through residents’ backyards, through citrus orchards—an ugly red scar on a green, subtropical landscape." Melissa del Bosque, Texas Observer, Jan. 22, 2010.
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Haitian Pro Bono Efforts
"In response to the tragic earthquake in Haiti and the ensuing humanitarian crisis, AILA has pulled together a comprehensive list of resources on pro bono efforts nationwide. Resources for AILA chapters and non-profit legal service providers who wish to host pro bono TPS clinics are here, as well as a calendar of pro bono events and clinics. If you have additional resources to post, please contact Susan Timmons, AILA Pro Bono Associate. This page is open to the public and does not require AILA membership."
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LOST SOULS (Animas Perdidas)
Broadcast premiere March 23, 2010 on PBS;
Augie and Gino were living the American dream––raised and educated in the United States and proud veterans of the military. But in 1999, these two brothers were forced to leave the only country they’d ever known and had pledged to protect. Follow filmmaker Monika Navarro on her familial journey across the border to Mexico as she pieces together the tragic events of her uncles’ deportation and opens a Pandora’s box of family secrets."
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EOIR responds to TRAC
EOIR, Mar. 12, 2010.
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Immigration Court Caseload Tool
Pending Cases and Length of Wait in Immigration Courts. TRAC, Mar. 2010.
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The Effect of Immigration on Productivity: Evidence from US States
Giovanni Peri, September 25, 2009.
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2009 Country Reports on Human Rights Practices
DOS, Mar. 11, 2010.
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IAN seeks Director
"Immigration Advocates Network Director: The Immigration Advocates Network (IAN) (www.immigrationadvocates.org) is a national collaboration developed to enhance and unify the work of the nation's immigrants' rights organizations by providing an online resource and communication site to support joint work."
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IJ Yeargin in SF grants asylum to Tibetan
"The factual circumstances surrounding Respondent's arrest and beating demonstrate that the Chinese government viewed veneration of the Dalai Lama as an expression of political dissent, that Respondent demonstrated this veneration by participating in a celebration of the Dalai Lama's birthday, and finally, that the Chinese government persecuted Respondent because they viewed his support of the Dalai Lama as political opposition to the Chinese government. ... For the foregoing reasons, the Court finds that Respondent suffered past persecution by the Chinese government on account of a political opinion that he held, or his persecutors believed he held." Matter of X-, Mar. 4, 2010. Hats off to pro bono counsel Frank LaForge of Howard Rice Nemerovski Canady Falk & Rabkin.
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Ninth Cir. on CIMT: Cal. Penal Code § 532a(1)
Interesting partial concurrence/dissent by Judge Tashima. Tijani v. Holder, Mar. 11, 2010.
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Solo Punished for Paying Immigration Paralegal a Percentage of Fees
"After practicing law for 57 years, Martin Burger learned something new. You can be reprimanded by the Supreme Court for paying paralegals a percentage of fees on cases they bring in. He also learned the punishment could have been worse. In an order made public on March 5, the justices adopted the Disciplinary Review Board's finding that Burger, a Paramus, N.J., solo, capitalized on paralegal Lita Biederman's contacts in the Filipino community to generate immigration cases. Burger paid her half the fees he collected in her cases, plus $200 per week for general secretarial duties. Those included filling out forms and sometimes acting as interpreter for Tagalog-speaking Filipino clients." NJLJ, Mar. 11, 2010.
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Stephen Manning on Diaz & Lopez, Briones, Acosta
"As much as it pains us to write this, Matter of Diaz and Lopez is a correct statement of Brand X law."
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Unpub. BIA Non-LPR cancellation victory
"We conclude that the health difficulties faced by one of the respondent's children present the type of very serious health issues to which we referred in Matter of Monreal-Aguinaga, 23 I&N Dec. 56 (BIA 2001), and so cancellation of removal should be granted here." Matter of AXXX-XXX-410 - San Francisco, Jan. 22, 2010. Hats off to Cara Jobson!
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USCIS Reminds Chilean Nationals of Immigration Benefits Available
"In light of the recent natural catastrophes in Chile, U.S. Citizenship and Immigration Services (USCIS) reminds Chileans of U.S. immigration benefits available to eligible Chilean nationals upon request." USCIS, Mar. 10, 2010.
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USCIS Reminds Petitioners to Provide Approved Labor Condition Applications
"As of March 10, 2010, USCIS will reject any H-1B petition filed without an LCA certified by DOL." USCIS, Mar. 10, 2010.
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Wondering what happened to the Poverty Guidelines?
"Congress has taken action to keep the 2009 poverty guidelines in effect until at least March 31, 2010." Here's why.
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David Martin: Administrative Changes Can Benefit Immigration System
"Though comprehensive legislation would provide the best fix for the country's immigration system, administrative reforms can accomplish much in the interim, University of Virginia law professor David Martin said recently. Martin, who is on a leave of absence to serve as principal deputy counsel at the Department of Homeland Security, spoke to students and faculty at an March 1 event sponsored by the Immigration Law Program." UVA Today, Mar. 8, 2010.
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Supreme Court sends IAC case back to 4th Circuit: Machado
Ineffective assistance of counsel ("IAC") was an issue in an unpublished 4th Cir. case. Cert. was granted on Mar. 1, 2010 and the Supremes sent it back to the 4th Cir. for more work. Here's a drop with all the relevant links and documents. Hats off to Chuck Roth for taking it on!
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USCIS Director Mayorkas to meet with stakeholders
"Alejandro Mayorkas, Director of U.S. Citizenship and Immigration Services, cordially invites you to attend his quarterly meeting with stakeholders The meeting will be held Wednesday, March 17, 2010 @ 1:30 pm at the Tomich Conference Center, 111 Massachusetts Avenue, Northwest, Washington, DC."
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Iraqi Refugees and Special Immigrant Visa Holders Face Challenges Resettling in the United States and Obtaining U.S. Government Employment
GAO Report, March 2010.
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Proposals for Agency Action to Ameliorate the Priority Dates Crisis
"Preview/summary of an article, Tyranny of Priority Dates, by Gary Endelman and Cyrus D. Mehta, forthcoming in Bender’s Immigration Bulletin, which was sent to USCIS Director Mayorkas. Mr. Mayorkas expressed interest in the ideas contained in Tyranny of Priority Dates at a stakeholder’s meeting between him and some of the members of the Alliance of Business Immigration Lawyers (ABIL), which included Cyrus D. Mehta, on March 3, 2010, in Washington, D.C."
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USCIS to Accept H-1B Petitions for Fiscal Year 2011 Beginning April 1, 2010
"U.S. Citizenship and Immigration Services (USCIS) announced today that it will begin accepting H-1B petitions subject to the fiscal year (FY) 2011 cap on April 1, 2010. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee; not the date that the petition is postmarked." USCIS, Mar. 8, 2010.
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Stakeholder meeting invitation
Transitioning to E-filing for Specific Benefit Request and Standard Form Types; March 12, 2010 @ 2:00pm EST. "The USCIS Office of Public Engagement invites you to participate in a stakeholder engagement to discuss the agency moving toward electronic filing for specific benefit request and standard form types."
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Annual Report of Immigrant Visa Applicants in the Family-sponsored and Employment-based preferences Registered at the National Visa Center as of November 1, 2009
"The following figures have been compiled from the NVC report submitted to the Department on November 3, 2009, and show the number of immigrant visa applicants on the waiting list in the various preferences and subcategories subject to numerical limit."
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Monthly Determination of Employment Preference Cut-Off Dates
DOS, March 2010.
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THE OPERATION OF THE IMMIGRANT NUMERICAL CONTROL SYSTEM
DOS, undated.
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Center for Immigrants' Rights and PIRC release a toolkit on LPR cancellation of removal
"Today, the Center and PIRC released a toolkit for practitioners on cancellation of removal for lawful permanent residents (LPR), a form of relief available to certain lawful permanent residents (green card holders) facing removal." Mar. 5, 2010. [WARNING: the PDF toolkit is huge; 179 pages, 31MB.]
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H-2A Briefing Materials
March 2, 2010: H-2A Briefing Materials
"The Office of Foreign Labor Certification and the Wage and Hour Division have conducted 3 public briefings to advise stakeholders of the contents of the new H-2A Final Rule, which will be effective March 15, 2010."
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DOS Telegram: New Criteria for Vaccinations
STATE 010379, 02/10: "On November 13, 2009, the Department of Health and Human Services, Centers for Disease Control and Prevention (HHS/CDC) published a final notice in the Federal Register amending the criteria for vaccination requirements for U.S. immigration, eliminating the requirement to have human papillomavirus (HPV) or zoster vaccinations. The final notice became effective December 14, 2009. This message provides guidance to posts in handling cases affected by this change and provides questions and answers that posts can use with the public."
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Link to BIBDE on your firm website
The Denver firm of Elkind Alterman Harston PC has a link to BIBDE on its website. Great idea! [Denver is my home town, and I shared office space with Phil Alterman from 1988-1996. He's a genius.]
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Rethinking Immigration Detention
Anil Kalhan, Drexel University - Earle Mack School of Law, Columbia Law Review Sidebar, Vol. 110, 2010.
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The Measure of a Society: The Treatment of Unaccompanied Refugee and Immigrant Children in the United States
Wendy Young and Megan McKenna, Kids In Need of Defense (“KIND”), 45 Harvard Civil Rights-Civil Liberties Law Review 247 (2010.)
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USCIS announces grants
"U.S. Citizenship and Immigration Services (USCIS) announced today the availability of two different grants designed to help prepare lawful permanent residents (LPRs) for citizenship and advance integration in the United States. This year’s program will make nearly $7 million available for citizenship education in communities across the country." USCIS, Feb. 25, 2010.
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EOIR FY 2009 Statistical Yearbook
"The Executive Office for Immigration Review announced today that it has released its Fiscal Year 2009 Statistical Year Book." EOIR, Mar. 2, 2010.
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Immigration Relief for Crime Victims: The U Visa Manual
Prepared by the NYATN Legal Subcommittee: Suzanne B. Seltzer / Klasko, Rulon, Stock & Seltzer LLP, Suzanne Tomatore / Immigrant Women and Child Project, ABCNY, Ivy Suriyopas / Asian American Legal Defense and Education Fund
Shonnie Ball / Safe Horizon, with invaluable assistance from: Aviania Iliadis & Laura Mathews; March 2010.
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Refugee Roulette: the PowerPoint
Graphics from "Disparities in Asylum Adjudication," by Jaya Ramji-Nogales, Andrew I. Schoenholtz, and Philip G. Schrag, 60 STANFORD L. REV. 295 (2007).
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Tempering Justice With Mercy: Waivers Of Inadmissibility In Consular Processing
"An inadmissibility finding by a U.S. Consular Officer is not necessarily the end of the road for aliens who wish to travel or immigrate to the United States. Various sections of the Immigration and Naturalization Act ("INA") provide waivers for most grounds of ineligibility, effectively allowing consular officials to "temper justice with mercy" by issuing restricted visas to aliens who would otherwise be barred from entering the United States." Brian Bolton, Jan. 2010.
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Ayuda seeks Executive Director
"Ayuda has staff and offices in Washington D.C. and Sterling, VA. The annual budget for FY2010 ending September 30, 2010, is $1.6 million. Ayuda is seeking an Executive Director to report to the Board of Directors, lead a staff of 19 full-time members and numerous volunteers and interns, and to seek, identify, and nurture relationships with the organization’s donors and stakeholders."
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CLINIC 2010 Convening, New Orleans, May 19-21
"CLINIC will hold its 13th Annual Convening in New Orleans May 19-21, 2010 at the JW Marriott. The Annual Convening is CLINIC’s premier training event. It features insightful training, networking opportunities and updates on immigration law and issues. It also includes exciting opportunities for immigration service providers to discuss issues of importance to their work."
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Invisibility, "gobbledy gook," and S-E-G-
"OIL is convinced that S-E-G- retains precedential force in spite of its reopening. We are skeptical." Benjamin Casper, Director of the Pro Bono Litigation Project of the Immigrant Law Center of Minnesota, with Stephen Manning, AILA Amicus Committee chair.
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Matter of S-E-G- News
"ILCM and Latham & Watkins are leading an effort to overturn Matter of S-E-G–. With the cooperation of the UNHCR and other organizations, we have asked Attorney General Eric Holder to intervene and reverse the BIA’s decision. This page provides important information and resources for attorneys litigating asylum cases impacted by Matter of S-E-G-."
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Prakash Khatri on the quotas
"United States immigration laws are preventing many of the most talented immigrants in the world from migrating to the United States. On January 10, 2010, the United States Citizenship and Immigration Services (USCIS) released new data confirming that some prospective highly skilled immigrants from one country – India – may have to wait as much as 35 years to get a green card, unless Congress takes steps to change the current nationality based visa quota system and increases the annual quota."
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Unpub. BIA cancellation victory
""In considering the totality of the evidence, we find that the respondent's removal would cause his qualifying relative mother the degree of hardship required for a grant of cancellation of removal. We find that the respondent has satisfied his evidentiary burden of proof under the REAL ID Act based on the cumulative testimony and medical documentation provided."
Matter of X-, Feb. 26, 2010.
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Free Webinar: How to Get Your Client Out of Detention Following an ICE Enforcement Action
Tuesday, April 6, 2010 11:00 AM - 12:30 PM PDT. "This webinar will present information on the law regarding bond and detention from the perspective of assisting clients in obtaining release from custody following an ICE enforcement action. The panelists will include Stacy Tolchin, head of the Los Angeles office of the law firm Van Der Hout, Brigagliano, and Nightingale, and recipient of National Immigration Law Center's 2008 award for her work coordinating raids response in Los Angeles, and Trina Realmuto, staff attorney at the National Immigration Project, and former attorney consultant to the Legal Action Center of the American Immigration Counsel. Debbie Smith, staff attorney at Catholic Legal Immigration Network, will moderate the panel."
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Green Cards for Foreign House Buyers: A Way to Help Stabilize Housing Prices
"My proposal calls for a minimum equity investment requirement of $40,000, provides foreign purchasers of US houses with immediate conditional residency and then permanent residency after three years of ownership, initially limits the number of visas that can be granted annually to 85,000, and allows foreign purchasers to rent out these houses if they choose to do so." Gregory S. Crespi,
Southern Methodist University (SMU) - Dedman School of Law, Feb. 2010.
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Hoffman Plastics as Labor Law – Equality at Last for Immigrant Workers?
"Hoffman Plastics, the poster child of immigration gone wrong, is popularly viewed as a case that imposed penalties unique to immigrant workers. The Supreme Court decision in Hoffman Plastics can relieve an employer that illegally fires an undocumented worker from owing back pay for violations of the National Labor Relations Act; however, the sad truth is, that rather than creating an injury unique to immigrants, Hoffman Plastics is better seen as part of the long American tradition of judicial hostility toward unions and labor law with roots in the 1930s and even earlier." Ellen Dannin, The Pennsylvania State University Dickinson School of Law, Feb. 2010.
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I-360 filing address chart
USCIS, Feb. 25, 2010.
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I-485 filing address chart
USCIS, Feb. 25, 2010.
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Revised I-360, filing locations
"U.S. Citizenship and Immigration Services (USCIS) today announced that it has posted a revised Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360). The new form is dated “12/30/09,” and due to the changes, no previous versions of the form will be accepted 30 days after publication. In addition to the revised form, there are changes to filing locations." USCIS, Feb. 25, 2010.
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Revised I-485, filing locations
"U.S. Citizenship and Immigration Services (USCIS) today announced that it has posted a revised Application to Register Permanent Residence or Adjust Status, Form I-485. In addition to a revised form, there are new filing locations." USCIS, Feb. 25, 2010.
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Updated FAM waiver chart
9 FAM 40.6 EXHIBIT I, GROUNDS OF INADMISSIBILITY, AVAILABLE WAIVERS,
(CT:VISA-1395; 02-01-2010)
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ASISTA Jan. 2010 Newsletter
"This edition of the ASISTA Newsletter includes several new features, plus an update on conversations with Citizenship and Immigration Services on U visas. Gretchen Hunt, a longtime member of the National Network to End Violence Against Immigrant Women who lives and works in Kentucky, shares an innovative approach to encouraging law enforcement certifications in your state. Our new FAQ column extracts and shares answers to interesting or persistent questions from our technical assistance archive. The new Update column features news on system memoranda, regulations and decisions that may affect immigrant survivors of domestic
violence, sexual assault and trafficking."
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Change of Filing Location for Form I-765
"Beginning February 24, 2010 applicants must now submit Form I-765 to one of the USCIS Lockbox facilities or the USCIS Vermont Service Center, based on the classification under which they are filing." USCIS, Feb. 24, 2010.
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Crafting an Amnesty with Traditional Tools: Registration and Cancellation
Richard A. Boswell, 47 Harvard J. Leg. 175 (2010).
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Dignity Not Detention
A campaign of the Detention Watch Network.
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E-Verify Fails to Deliver
"Due primarily to identity fraud, the inaccuracy rate for unauthorized workers is approximately 54 percent." Westat, FINDINGS OF THE E-VERIFY PROGRAM EVALUATION, Dec. 2009.
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Eleanor Pelta on EPI’s Latest “Study” of H-1B and L Usage: The Danger of Unsupported Assumptions
"The latest salvo in the war against H-1B workers and their employers (and this time, they’ve thrown L-1’s in just for fun,) is the Economic Policy Institute’s briefing paper by Ron Hira, released last week, which concludes that the practice of using H-1B and L-1 workers and then sending them back to their home countries is bad for the economy. While Hira’s findings are certainly headline-grabbing, the road that Hira takes to get there is filled with twists, turns and manipulations and simply lacks real data."
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Immigration Detention Centers
Interactive list, including results of annual inspections. NYT, Feb. 2010.
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Jan. 2010 issue of EOIR's Immigration Law Advisor
EOIR, Jan. 2010.
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DOL ETA FY 2009 data online
"Disclosure Data files for FY 2009 are now available. The Foreign Labor Certification Data Center is the location of the Online Wage Library for prevailing wage determinations, and the disclosure databases for the temporary and permanent programs."
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Nancy Morawetz on What to Do When a Supreme Court Expert Calls
"It is increasingly common for immigration lawyers who lose circuit cases to get calls from lawyers offering a deal that is too good to be true. The callers say that at absolutely no cost to you or your client, they will prepare a costly petition for writ of certiorari and take over all of the work to handle the case at the Supreme Court. All you need to do is say yes, and they will take care of the rest. Like all deals that seem too good to be true, this one requires careful thought." Feb. 22, 2010. Nancy Morawetz, Professor of Clinical Law, New York University School of Law. Nancy coordinates the Supreme Court Immigration Law Working Group.
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Unpub. BIA on full faith & credit
Hats off to Mark J. Newman! Jan. 29, 2010.
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Maria E. Andrade on Nijhawan: "Don't look down."
"Nijhawan is the first three steps that Wile E. Coyote takes off the cliff and then realizes that solid ground has disappeared."
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DOL ETA Notice: Public Briefings on H-2A Changes
"The Department is issuing this notice to announce that it has scheduled three public briefings to educate stakeholders,
program users, and other interested members of the public on changes to the
H–2A program made by the Final Rule and on applying for H–2A temporary labor certifications under the new regulations using the ETA Form 9142." Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010.
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DOS K-3 visa changes
"Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends."
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Morton: Superseding Guidance on Reporting and Investigating Claims to United States Citizenship
ICE, Nov. 9, 2009: "In all cases, any uncertainty about whether the evidence is probative of U.S. citizenship should weigh against detention."
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Immigration Detainers: A Comprehensive Look
"In order to better understand immigration detainers’ function and impact, the Immigration Policy Center (IPC) provides the following Fact Check to shed much needed light on this often misunderstood immigration enforcement tool." IPC, Feb. 2010.
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Bonding out: why it's important
"Being out on bond makes it much more likely that the individual will be able to find an attorney and get other assistance. In the case of the immigrants picked up in the Van Nuys raid, being released on bond allowed them to have their day in court. Many of them had remedies available to them." Maurice Belanger, Feb. 15, 2010.
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Freeing a Family from CBP Custody: A Lawyer's Perspective
Carl Shusterman, Feb. 2010.
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Carachuri-Rosendo amicus brief
Nancy Morawetz, Alina Das, Feb. 4, 2010.
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Up Against the Asylum Clock
Fixing the Broken Employment Authorization Asylum Clock; Center for Immigrants' Rights at the Penn State Dickinson School of Law, American Immigration Council’s Legal Action Center, Feb. 12, 2010.
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Comments on Chamber of Commerce v. Edmondson, by Gary Endelman
"I think it would be dangerously premature for critics of state immigration laws to let down their guard and jump to the conclusion that the 10th Circuit ruling was a death blow to such statutes. It is much more nuanced and complicated than that."
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In re "inherent authority"
A collection of links related to the assertion that state and local law enforcement authorities have "inherent authority" to enforce the civil provisions of the INA.
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Parlak & The Persecutor Bar
Notes on the Parlak case by Russell Abrutyn, AILA Amicus Committee, Feb. 8, 2010.
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Nominations Being Accepted for Consideration
Ninth Annual Daniel Levy Memorial Award for Outstanding Achievement in Immigration Law: LexisNexis® Matthew Bender® announces the Ninth Annual Daniel Levy Memorial Award for Outstanding Achievement in Immigration Law to be presented at the 2010 AILA Conference in National Harbor, Maryland.
A member of the Editorial Board of Bender’s Immigration Bulletin, Daniel Levy died at the age of 48 on September 14, 2001, in Los Angeles after a long battle with cancer. Mr. Levy was a prolific author, litigator, and scholar, and was widely known and loved by many in the immigration bar. With this annual award LexisNexis Matthew Bender seeks to honor an individual who emulates the values that informed Mr. Levy’s life and work: enthusiastic advocacy on behalf of immigrant clients; deep scholarship in immigration law; and an expansive vision of justice. We welcome nominations of all persons (not only attorneys), who have been working on the local and/or state level, as well as those who are known on the national level, and those who have been quietly toiling on behalf of immigrants,
wherever they may be located. Readers are encouraged to forward nominations to Ellen Flynn at ellen.m.flynn@lexisnexis.com by April 15, 2010. Nominations should include as much information as possible about the nominee. The recipient will be selected by the Editorial Board of Bender’s Immigration Bulletin.
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Penn State Law to present "Immigration Adjudications: Court Reform and Beyond"
"On Thursday, March 18, 2010, Penn State University Dickinson School of Law will present "Immigration Adjudications: Court Reform and Beyond." Sponsored by Penn State Law's Center for Immigrants' Rights, the day-long symposium will feature four panels comprised of policymakers, academics, judges, and practitioners who will examine the state of immigration adjudications and debate proposed administrative and legislative solutions, including the creation of an independent immigration court."
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Amended Anaya-Ortiz Practice Advisory
Angie Junck, ILRC Staff Attorney, writes: "[Here is a link to a revised] practice advisory ... regarding the Ninth Circuit’s recent reconsideration and amendment of Anaya-Ortiz v. Holder. The Court held that notations on a California Abstract of Judgment Cannot Be Used to Characterize the Offense of Conviction Under the Modified Categorical Approach. Thanks to Kathy Brady for writing the practice advisory."
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Editor's Corner: What's In My Wallet?
The Border's In My Pocket or: How I Learned To Stop Worrying And Love The National ID.
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Sentencing Commission seeks public comment
"The Commission requests comment on when, if at all, the collateral consequences of a defendant’s status as a non-citizen may warrant a downward departure. There are differences among the circuits on this issue. ... The Commission requests comment on when, if at all, a downward
departure may be appropriate in an illegal reentry case sentenced under § 2L1.2 on the basis of ‘‘cultural assimilation’’, that is, the defendant’s cultural ties to the United States. Several circuits have held that such a departure may be warranted. ... Written public comment regarding the
proposed amendments and issues for
comment set forth in this notice, including public comment regarding retroactive application of any of the proposed amendments, should be received by the Commission not later than March 22, 2010." Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010.
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CBP Reminds U.S.-Bound Travelers from Visa Waiver Program Countries to Complete Online Travel Authorization
"On the one-year anniversary of implementing the Electronic System for Travel Authorization, the Department of Homeland Security’s U.S. Customs and Border Protection reminds U.S.-bound travelers from Visa Waiver Program countries of the ESTA requirement. Beginning January 20, CBP will initiate a 60-day transition to enforced ESTA compliance for air carriers; VWP travelers without an approved ESTA may not be allowed to board a U.S.-bound plane." CBP, Jan. 19, 2010.
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8th Annual Freedom Network Conference
March 17-18, 2010; Georgetown University Hotel and Conference Center, Washington, DC; Panelists will include experts on human trafficking from service provider agencies (social and legal), law enforcement, and government agencies.
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More free searchable caselaw from Lexis!
"Search the last ten years of State & Federal Courts and U.S. Supreme Court from 1781 to present." [Click on the Free Case Law tab.]
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FREE LEXIS SEARCHABLE CASELAW
Last 5 years of federal appellate caselaw, searchable, free.
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