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Bush Signs CNMI Immigration Bill, Early Reaction Positive
"United States President George Bush has signed into law Senate Bill 2739, which applies U.S. immigration law to the Commonwealth of the Northern Mariana Islands; and grants the Commonwealth a non-voting delegate to the U.S. House of Representatives. U.S. Rep. George Miller, who has sought reform of the Northern Marianas’ labor and immigration laws, said the new law will put an end to the old way of doing business which had led to the exploitation of guest workers and had stifled the local economy. Miller lashed at disgraced lobbyist Jack Abramoff and his allies in the former Republican-controlled Congress for blocking reform for over a decade." Pacific Magazine, May 9, 2008.
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Juan Crow in Georgia
"[Y]ounger children of the mostly immigrant Latinos in Georgia are learning and internalizing that they are different from white - and black - children not just because they have the wrong skin color but also because many of their parents lack the right papers. They are growing up in a racial and political climate in which Latinos' subordinate status in Georgia and in the Deep South bears more than a passing resemblance to that of African-Americans who were living under Jim Crow. Call it Juan Crow: the matrix of laws, social customs, economic institutions and symbolic systems enabling the physical and psychic isolation needed to control and exploit undocumented immigrants." Roberto Lovato, May 8, 2008.
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WaPo To Run Explosive Series On Immigrant Detention Program
"The Washington Post is set to roll out a major investigative series by by prizewinning reporters Dana Priest and Amy Goldstein, this time centering on the hot-button issue of immigration. According to a source with knowledge of the Post's upcoming articles, Priest and Goldstein's work, which is set to appear in print this upcoming Sunday, will be "stronger" than earlier investigative stories." Sam Stein, May 8, 2008.
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Bottomless Pit
Editorial Cartoon by Gary Oliver, May 8, 2008, Copyright 2008 Big Bend Sentinel, posted with permission. Write to the artist at: golliver@sbcglobal.net.
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China's family planning rules at issue in US asylum cases
"Partners of Chinese women who were forced to have abortions are pressing the Supreme Court to make it easier to get asylum in the United States. The Bush administration is resisting the male partners' efforts to get asylum, even though the Republican congressman who wrote a 1996 asylum law said it was intended to cover men as well as women who are victims of China's controversial family planning policy. There is no dispute that women can seek asylum under the law. The justices will consider appeals by two men in the coming weeks." AP, May 8, 2008.
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Claims of Sexual Assault at Immigration Facility
"Startling allegations of sexual assault are coming out about a facility that holds illegal immigrants. It's said to be happening in Pearsall, just about an hour outside of San Antonio. News 4 Trouble Shooter Brian Collister is uncovering how some guards may be victimizing the women they are supposed to be protecting." WOAI, May 6, 2008.
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College admission for N.C. undocumented immigrants in doubt
RALEIGH, N.C.: "The state Attorney General's Office is advising community colleges not to admit illegal immigrants in the absence of a state law specifically granting them the right to postsecondary education. The state's community college system currently allows illegal immigrants to enroll under an open door policy. But in a letter dated Tuesday to the system's lawyer, the Attorney General's Office questions whether the policy would stand up in court. The letter, signed by J.B. Kelly, general counsel in the state Justice Department, says a former policy generally prohibiting illegal immigrants "would more likely withstand judicial scrutiny."" News & Observer, May 7, 2008.
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Congress penalizes U.S. troops, legal U.S. residents in attempt to punish illegal immigrants
"When Congress passed an economic- stimulus package giving hefty rebates to most taxpayers, it tried to make sure that illegal immigrants didn't get any of the cash.
But in doing so lawmakers inadvertently penalized at least a million legal U.S. residents - and tens of thousands of U.S. troops stationed overseas - simply because their spouses lack a Social Security number.
"Imagine an American soldier in Iraq whose foreign-born wife is waiting for an immigration petition to be approved and doesn't have a Social Security card. Now the couple can't even get a rebate," said Rep. Zoe Lofgren, D-San Jose. "That is really stupid." Others in the predicament include legal residents whose spouses are still overseas because of long immigration queues and hundreds of thousands of H-1B work visa holders in Silicon Valley and elsewhere." Mercury News, May 7, 2008.
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Feds want your photo on E-Verify
"U.S. Citizenship and Immigration Services wants to see your ID. More specifically, they want to put your driver's license photo in E-Verify, a nationwide database that employers in Arizona must use to check your eligibility for work." Arizona Daily Star, May 8, 2008.
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ICE raid at federal courthouse
"Federal immigration agents raided the construction site of a new federal courthouse in Richmond [Va.] on Monday, arresting 33 workers on charges of violating federal immigration laws and being in the United States illegally, officials said yesterday." Washington Post, May 8, 2008.
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Scams prey on immigrants
"Tennessee is experiencing what many other states have had to contend with in the past: trying to protect a population that is being fleeced." Tennessean, May 7, 2008.
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The ID Divide
"Having multiple forms of ID has become second nature to credentialed Americans, making them less sensitized to requirements for showing ID to perform a range of activities in society. For example, polling shows that a majority of Americans favor showing a photo ID to vote. Yet the vast majority of Americans don’t realize that there are over 20 million Americans of voting age who currently lack a valid driver’s license, including roughly 10 percent of eligible voters." Center for American Progress, May 6, 2008.
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Tourists, not terrorists
"They were software consultants in town for a weeklong business conference — not terrorists planning an attack to cripple the country's largest ferry system." Seattle Times, May 6, 2008.
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Applicants for Citizenship Take To the Courts to Force Action
"An increasing number of immigrants seeking U.S. citizenship are using legal action to force a decision from the perennially backlogged immigration office, which in 2003 became a part of the new Department of Homeland Security." Washington Post, May 7, 2008.
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Better Health Care Sought for Detained Immigrants
"The head of a Congressional subcommittee looking into complaints of inadequate medical care in immigration detention announced on Tuesday that she had introduced legislation to set mandatory standards for care and to require that all deaths be reported to the Justice Department and Congress." New York Times, May 7, 2008.
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Employment verification days are numbered
"The Social Security panel heard from witnesses who were especially concerned that any effort to expand E-Verify from a voluntary program now used by about 63,000 employers to one where all six million U.S. businesses would be included would strain the Social Security Administration beyond its limits." Dena Bunis, Orange County Register Washington Bureau, May 6, 2008.
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Federal agents arrest illegal immigrants leaving U.S.
"Wayne Cornelius, director of the Center of Comparative Immigration Studies at UC San Diego, said he was not aware of similar crackdowns in the past. The checkpoints make sense for intercepting contraband, but targeting illegal immigrants voluntarily leaving the country is a "bizarre" way of handling the illegal immigration question, he said." Los Angeles Times, May 7, 2008.
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Hearing Deals Blow to Expansion of Employee Verification System
"An effort to expand a federal electronic employment verification system was set back at a House hearing on Tuesday, May 6, as lawmakers voiced concerns that the mechanism would overburden the Social Security Administration." Workforce, May 6, 2008.
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L.A. Mayor: Build bridges, not walls
"There are those who believe that we North Americans can only hope to resolve this issue by building a wall. I came to Mexico to say, that we don't need to build walls, we need to build bridges." Office of the Mayor, City of Los Angeles, ANTONIO R. VILLARAIGOSA, “Bridges not Walls” - An Address to the United States-Mexico Chamber of Commerce, May 3, 2007.
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Mexican Smugglers Take to Sea to Cross into U.S.
NPR, May 7, 2008: "U.S. Customs and Border Patrol agents in San Diego are seeing an increase in smuggling by sea. Improvements in border security on land have pushed immigrant and drug smugglers offshore. During the past few months, dozens of small boats have been found on the beaches near the border. Now federal agents are responding."
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The Wall of Hate
"Muro del Odio, Wall of Hate, is one name border residents have given to the forbidding barricade the Department of Homeland Security plans to build in Texas communities like Presidio, where residents rely on their Mexican sister, Ojinaga, for commerce and company. Current staff writer and investigative journalist Greg Harman is traveling along the course of the Rio Grande, visiting with community activists, ranchers, cowboys, and elected officials about their fears, hopes, and resistencia." San Antonio Current.
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Let Them In: The Case for Open Borders
"A conservative columnist makes an eye- opening case for why immigration improves the lives of Americans and is important for the future of the country. Separating fact from myth in today’s heated immigration debate, a member of the Wall Street Journal editorial board contends that foreign workers play a vital role in keeping America prosperous; that maintaining an open-border policy is consistent with free-market economic principals; and that the arguments put forward by opponents of immigration ultimately don’t hold up to scrutiny. In the course of his fourteen years at the Journal, Riley has covered immigration’s impact on our economy, our culture and our politics. He is an outspoken advocate of free and flexible labor markets, and in this timely book he argues that our open-immigration policy goes a long way toward explaining the difference between robust economic growth in the United States and stagnation in places like Europe.
In lucid, jargon-free prose, Riley takes on the most common anti-immigrant complaints, including claims that today’s immigrants overpopulate the United States, steal jobs, depress wages, don’t assimilate, and pose an undue threat to homeland security. As the 2008 presidential election approaches with immigration reform on the front burner, Let Them In is essential reading for liberals and conservatives alike who want to bring an informed perspective to the discussion." [Forthcoming in May 2008, Gotham Books.]
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The case for open borders
"Jason L. Riley, a member of The Wall Street Journal’s editorial board, is a rare specimen. He is a conservative African-American who rejects affirmative action and champions a cause that is an anathema to most fellow conservatives: wide-open borders and virtually unrestricted immigration. I had an opportunity to read a proof of his upcoming book (“Let Them In: The Case for Open Borders”) and to interview him before he spoke to the Worcester Economic Club last week. “I wrote this book to put the debate in perspective and to offer a rebuttal to some of the more common anti-immigrant arguments I’ve come across while covering the issue as a Wall Street Journal editorialist,” he explains. Two general themes run through the book: One is that today’s Latino immigrants aren’t different from earlier immigrants, only newer; and the other is that an open immigration policy is not only compatible with free-market conservatism and homeland security, but it is also good for the economy." Worcester Telegram, Apr. 6, 2008.
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MORE NEWS
Click the link, scroll down to Immigration Law News, return often.
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5th Annual Immigration Law and Policy Conference
"2008 and Beyond: Immigration Challenges
the New Administration Will Confront;
Georgetown University Law Center, Hart Auditorium, Tuesday, May 20, 2008; This conference offers law and policy analysis and discussion on cutting-edge immigration issues. Featured panelists will include high-ranking government officials, academics, advocates, and immigration experts."
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Olivas responds to N.C. AG on community college issue
ImmigrationProf Blog, with links to Olivas letter, news. May 8, 2008.
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Proposed TN Rule: Period of Admission and Stay for Canadian and Mexican Citizens Engaged in Professional Business Activities - TN Nonimmigrants
"This rule proposes to increase the maximum
allowable period of admission for TN
nonimmigrants from one year to three years, and allow otherwise eligible TN
nonimmigrants to be granted an extension of stay in increments of up to three years instead of the current maximum of one year." Federal Register / Vol. 73, No. 91 / Friday, May 9, 2008.
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"Citizenship, Borders, and Human Needs"
U. Penn., May 9, 2008; link to papers.
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AILF Litigation Clearinghouse Newsletter
May 7, 2008: "This issue of AILF's Litigation Clearinghouse Newsletter covers a new suit seeking detention standards, update on religious workers class action, class action certification in a naturalization delay suit, limitations on the categorical approach, and litigation resources on the web."
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Bush signs bill extending US labor law to Marianas
"Workers in the Mariana Islands will receive the protection of U.S. labor law under a bill signed Thursday by President Bush. Debate over whether to extend federal labor and immigration law to the Marianas, in the northwestern Pacific, had been sullied by reports of sweatshop labor and past associations with the lobbying scandal surrounding Jack Abramoff, whose firm was hired by the islands to oppose the changes.
The measure, approved by Congress last month, creates a federally run guest-worker program in the U.S. Commonwealth of the Northern Mariana Islands, which includes Saipan and 13 other islands north of Guam." AP, May 8, 2008.
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Counterproductive and Counterintuitive Counterterrorism: The Post-September 11 Treatment of Refugees and Asylum Seekers
"This Article critiques U.S. counterterrorism measures that directly target refugees and asylum-seekers." MARISA SILENZI CIANCIARULO, Chapman University - School of Law; Denver University Law Review, Vol. 84, No. 4, 2007; Chapman University Law Research Paper No. 08-75.
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DOJ OLC on payment of back wages to H-1B doctors by DVA
"The statute authorizing the H-1B visa program does not waive the federal Government’s sovereign immunity. Therefore, an administrative award of back wages to alien physicians hired by the Department of Veterans Affairs under the program is barred by sovereign immunity." February 11, 2008, MEMORANDUM OPINION FOR THE GENERAL COUNSEL, DEPARTMENT OF VETERANS AFFAIRS AND SOLICITOR, DEPARTMENT OF LABOR, PAYMENT OF BACK WAGES TO ALIEN PHYSICIANS HIRED UNDER
H-1B VISA PROGRAM, STEVEN A. ENGEL, Deputy Assistant Attorney General, Office of Legal Counsel.
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DOS Cable: Blanket Waiver for UNGA Special Session on HIV/AIDS
May 6, 2008: "The Department of Homeland Security has exercised discretionary authority under section 212(d)(3) of the Immigration and Nationality Act (INA) to grant a blanket waiver for HIV infected visa applicants seeking to enter the United States to attend this event."
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EAJA Fee Victory in New Jersey
"[N]one of the cases relied upon by the Government in justifying its position
involved detention of the length at issue here, of an individual like Sanusi -- in his fifties, with no criminal history and no disciplinary violations while in custody,
who had never been designated a flight risk or a danger to the community, and who in the three years preceding the instant petition had received only two paper reviews of his continued detention. Perhaps most disturbing is the fact that as of October 2007 Sanusi had been detained for over ten years, but more than a year and
seven months had elapsed since his most recent custody review. ... For the foregoing reasons, Petitioner's motion is GRANTED. Pursuant to EAJA, this Court grants
Petitioner a total award of $ 7,094.01." Sanusi v. Chertoff, D.N.J., May 6, 2008.
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First semiannual report on compliance with ICE national detention standards released
"U.S. Immigration and Customs Enforcement (ICE) today released its first Semiannual Report on Compliance with ICE National Detention Standards January - June 2007, which tracks detention facilities' compliance with national detention standards." ICE, May 9, 2008.
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North Carolina Advisory Letter regarding admission of undocumented students to community colleges
Restricting admission would "likely withstand judicial scrutiny." May 6, 2008 letter from J.B. Kelly, General Counsel.
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Second Circuit on deadlines
"Petitioner seeks review of an order of the Board of Immigration Appeals affirming the
decision of an Immigration Judge (“IJ”) denying petitioner’s applications for asylum, withholding of removal, relief under the Convention Against Torture, and voluntary departure. Petitioner contends that the IJ erred in (1) concluding that he lacked discretion to accept documents filed after a
deadline prescribed by the relevant local rules and (2) determining, partly based on an absence of corroborating evidence, that petitioner lacked credibility. We conclude that an IJ has broad discretion, in the management of his docket, to enforce deadlines established by local rules, and to
deviate from the local rules where (1) petitioner has demonstrated good cause for the delay and (2) substantial prejudice would likely result from the enforcement of the deadline. We further conclude that abuse of discretion is the proper standard to apply in reviewing an IJ’s decision to establish and enforce filing deadlines for submission of documents. Petition granted." Dedji v. Mukasey, May 8, 2008.
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The Social Security Administration No-Match Program: Inefficient, Ineffective, and Costly
"This report provides an overview of SSA’s no-match letter program, a summary of DHS’s new supplemental proposed rule regarding no-match letters, and an overview of the unintended consequences of no-match letters that are sent to employers." IPC, May 2008.
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The Trafficking and Exploitation Victims Assistance Program: A Proposed Early Response Plan for Victims of International Human Trafficking in the United States
"This article identifies weaknesses in the T visa system and proposes reforms designed to make the T visa system responsive to the unique circumstances of trafficking victims." MARISA SILENZI CIANCIARULO,
Chapman University - School of Law;
New Mexico Law Review, Forthcoming;
Chapman University Law Research Paper No. 08-74.
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USCIS approves new EB-5 Regional Center: SELARC
"USCIS hereby approves the request and designates SELARC as a Regional Center under the Immigrant Investor Pilot Program." USCIS, Apr. 4, 2008.
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Crisis on the Immigration Bench: An Ethical Perspective
"The troubled status of the immigration court system has garnered much attention from scholars, appellate judges, and even the United States Attorney General. This article suggests a new lens through which to examine the acknowledged crisis in immigration courts: judicial ethics." Benedetto, Michele M., "Crisis on the Immigration Bench: An Ethical Perspective" . Brooklyn Law Review, Vol. 73, p. 467, 2008.
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COURT DENIES GOVERNMENT’S MOTION TO DISMISS AND GRANTS PRELIMINARY INJUNCTION FOR RELIGIOUS WORKERS SEEKING TO FILE CONCURRENT APPLICATIONS (I-360 AND I-485)
"In an ongoing class action challenge to immigration procedures for religious workers, Seattle federal court judge Judge Robert Lasnik at Seattle rejected the government’s effort to have the case dismissed, and granted an interim injunction protecting the named plaintiffs. The national class action challenges USCIS’s refusal to follow the same procedures for religious workers as for all other employment-based adjustment
cases. Ruiz-Diaz, et al. v. USA, et al., No. C07-1881 RSL (W.D. Wash.). All other employment cases are allowed to file their petition together with their adjustment application and obtain work authorization while the applications are pending." Press release, May 5, 2008.
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Immigration Debate: NYC, May 15, 2008
"On May 15, the National Discussion and Debate Series will host the final debate of its 2007-2008 season in the New York Public Library. Four participants will have one hour to debate the proposed resolution: "Our national interests require a path to citizenship for the 12 million illegal immigrants presently here." Tamar Jacoby, CEO and President of ImmigrationWorks, and Eliseo Medina, International Executive Vice President of the Service Employees International Union, will argue for the resolution. Vernon Briggs, Emeritus Professor of Industrial and Labor Relations at Cornell University, and Mark Krikorian, Executive Director of the Center for Immigration Studies, will argue against. Eminent award-winning journalist Robert MacNeil will moderate the debate."
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Unaccompanied Alien Children in Immigration Proceedings
EOIR Fact Sheet, revised Apr. 22, 2008.
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What is a Sanctuary?
"The word sanctuary has recently received significant attention in the political arena and is likely to receive further examination as calls for stricter enforcement of immigration law continue. But what precisely is a sanctuary, particularly in the context of today's immigration issues?" Prof. Rose Cuison Villazor, Southern Methodist University Law Review, Vol. 61, No. 133, 2008.
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OCIJ on Application of the Practice Manual to Pending Cases
"The purpose of this Operating Policies and Procedures Memorandum (OPPM) is to address the application of the Practice Manual's filing deadlines to non-detained cases pending on July 1, 2008." EOIR, Apr. 23, 2008.
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The Business of Detention
The nation's largest private prison company has partnered with the federal government to detain close to 1 million undocumented people in the past 5 years until they are deported. In the process, Corrections Corporation of America has made record profits. Critics suggest the CCA cuts corners on its detention contracts in order to increase its revenue at expense of humane conditions. Thanks to political connections and lobby spending, it dominates the industry of immigrant detention. CCA now has close to 10,000 new beds under development in anticipation of continued demand." © 2008 | Renee Feltz and Stokely Baksh | Columbia University Graduate School of Journalism.
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NLG-NIP to honor Hiroshi Motomura
"Join Us at a Benefit Reception to Honor
Hiroshi Motomura, Friday, June 27, 2008,
6:00-7:30 p.m., AILA Annual Conference,
Pan Pacific Hotel, Oceanview Suites 2-4,
Vancouver, B.C., Canada."
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AILF Litigation Clearinghouse Newsletter
April 15, 2008: "This issue of AILF's Litigation Clearinghouse Newsletter covers a recently filed naturalization delay class action, a damages suit against USICE employees for violating 4th and 5th Amendment rights during home raids, and a recent decision regarding the confidentiality of asylum applications."
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VISA BULLETIN FOR MAY 2008
"D. MEXICO F2A VISA AVAILABILITY DURING THE COMING MONTHS: Continued heavy demand in the Mexico F2A category may require the retrogression of this cut-off date to hold number use within the annual numerical limit. Such action could occur as early as June. E. EMPLOYMENT VISA AVAILABILITY: Many of the Employment cut-off dates have continued to advance more rapidly than might ordinarily be expected. This is a result of consultations with U.S. Citizenship and Immigration Services (USCIS) regarding their pending demand, which is currently using approximately 90% of all Employment numbers. USCIS has indicated that they would prefer to review a substantial number of cases at this time to ensure that number use in the various categories can be maximized. Should USCIS projections of the resulting number use prove to be incorrect it may be necessary to adjust the cut-off dates during the final quarter of FY-2008."
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5th Annual Immigration Law and Policy Conference
2008 and Beyond: What Immigration Challenges Will the New Administration Inherit? Georgetown University Law Center,
Tuesday, May 20, 2008.
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EOIR Extends Effective Date of the Immigration Court Practice Manual
"The Executive Office for Immigration Review (EOIR) announced today that it has extended the effective date of the “Immigration Court Practice Manual” to July 1, 2008, in response to requests from members of the bar. The new date provides an additional 3 months for interested parties to become familiar with the Practice Manual." EOIR, Mar. 13, 2008.
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DOL ETA Notice: Non-Electronic Filing of Applications for Permanent and Temporary Foreign Labor Certification
"The Employment and Training Administration (ETA) announces administrative changes in the locations where future nonelectronic applications must be filed under the permanent foreign labor certification program and temporary
foreign labor certification programs
administered by the ETA’s Office of
Foreign Labor Certification (OFLC). DATES: This Notice is effective on June 1, 2008. Beginning June 16, 2008, applications and attestations filed nonelectronically with the incorrect National Processing Center or the
National OFLC will be returned to the filer for proper submission." Federal Register / Vol. 73, No. 44 / Wednesday, March 5, 2008.
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REAL ID Final Rule
Federal Register / Vol. 73, No. 19 / Tuesday, January 29, 2008: "The Department of Homeland Security is establishing minimum standards for State-issued driver’s licenses and identification cards that Federal agencies would accept for official purposes on or after May 11, 2008, in accordance with the REAL ID Act of 2005."
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BIB - Daily Edition vs. BIB?
Readers ask: What is the difference between BIB - Daily Edition and BIB? BIB - Daily Edition is a free online daily immigration news and information service sponsored by Matthew Bender LexisNexis. BIB (Bender's Immigration Bulletin) is a hardcopy subscription-only publication published twice-monthly by Matthew Bender LexisNexis as a current awareness adjunct to the Matthew Bender LexisNexis "Treatise," Immigration Law & Procedure, by Gordon, Mailman and Yale-Loehr. BIB content is uploaded to Lexis. Please write to me at dan@cenizo.com if you are interested in writing articles for BIB, or if you have documents or items you think should be posted on BIB - Daily Edition. Thank you for reading.
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Ninth Circuit Immigration Outline
January 2008. [Large file.]
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Countdown to REAL ID (May 11, 2008)
NCSL, 2008.
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MORE CASES OF INTEREST
Check this link often.
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FREE LEXIS SEARCHABLE CASELAW
Last 5 years of federal appellate caselaw, searchable, free.
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