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Advocacy office says small firms deserve break on E-Verify
"The Small Business Administration's Office of Advocacy is urging federal acquisition councils to consider exempting small firms from a regulation that would force contractors to verify workers' employment eligibility using a Homeland Security database." GovExec.com, Aug. 13, 2008.
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All Americana!
"Introducing the first part of our two-part film, All Americana! Written and directed by MVL Film Fellow, Stephen Dypiangco, this film follows Marta whose dream of attending UCLA is derailed by her undocumented status."
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DHS - making life miserable at JFK
"I was recently stopped by Homeland Security as I was returning from a trip to Syria. What I saw in the hours that followed shocked and disturbed me." Emily Feder, AlterNet, Aug. 18, 2008.
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Henry Cejudo captures gold and a piece of the American dream
"Henry Cejudo called it the American dream.
The son of undocumented Mexican immigrants who had to work two jobs to keep food on the table, Cejudo gave the U.S. its first Olympic gold medal in freestyle wrestling in Beijing with a stunning win Tuesday over Japan's Tomohiro Matsunaga in the 55-kilogram (121 pounds) final." Los Angeles Times, Aug. 19, 2008.
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Immigrant son lives American dream
"Henry Cejudo, the son of illegal immigrants from Mexico, completed his American dream by crushing Japan's hopes of their first Olympic men's wrestling gold medal in two decades." AAP, Aug. 19, 2008.
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Can Con Man Rockefeller Stay in the U.S.?
"Immigration officials have joined the investigation into whether an accused con man who calls himself Clark Rockefeller is living legally in the United States after authorities positively linked Rockefeller to German native Christian Gerhartsreiter." ABC News, Aug. 15, 2008.
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Former Bristol Resident Fights To Stay In U.S.
"Ayfer Yalincak, a former Bristol resident linked to a bizarre, high-profile financial scam, appears to be down to her last chance to avoid deportation. From a cell in a Rhode Island prison, the 53-year-old Yalincak is preparing for a federal court hearing at which she'll try to make a case for staying in the United States. So far, she has lost every round in the fight. An immigration judge last winter ordered her thrown out of the country, and in late July she lost a crucial legal bid to block the deportation by overturning her criminal conviction. The ultimate resolution of her case could very well determine whether her son, Hakan, the front man in the multimillion-dollar hedge fund fraud, gets deported, too." Hartford Courant, Aug. 18, 2008.
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Judges focus on case not immigration status
"Should judges try to identify the legal status of the defendants who come before them? That's the question judicial candidate Keith Whited has raised by making immigration enforcement a part of his campaign for a district court judge seat." Times-News, Aug. 17, 2008.
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Wave of immigrants could be at polls
"Most immigrants who applied for US citizenship during a tidal wave of applications last year should be sworn in and eligible to vote by the November elections, Federal immigration authorities said yesterday." Boston Globe, Aug. 12, 2008.
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Immigration Is Snaring U.S. Citizens In Its Raids
"More than 100 citizens and legal residents were snared along with nearly 140 illegal immigrants in a raid on a software company in Van Nuys, Calif., early this year. Five citizens in Texas joined a lawsuit against the department, asserting that they were subjected to unreasonable search and seizure when agents raided a meatpacking plant where they worked last year. An African American worker said in a hearing that he was handcuffed and detained for hours without food and water during a raid on an Iowa meatpacking plant in 2006." Washington Post, Aug. 16, 2008.
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Mr. Ng’s Death
"Immigration officials keep insisting that detention care is adequate and getting better. But it will take far more than promises of more audits to build confidence in a system that allows people to suffer so grievously." New York Times Editorial, Aug. 17, 2008.
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Visas for 15 Who Lost Relatives on 9/11
"Federal officials granted temporary legal status on Friday to 15 illegal immigrants whose spouses or parents died on 9/11 but who have remained largely invisible, living in the shadows of society for fear of deportation." New York Times, Aug. 15, 2008.
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USCIS ESTABLISHES GENEALOGY PROGRAM
"Customers can now turn to U.S. Citizenship and Immigration Services (USCIS) for help in researching their family’s immigration history through the agency’s new Genealogy Program. USCIS maintains historical records documenting the arrival and naturalization of millions of immigrants who arrived in the United States since the late 1800s or and naturalized between 1906 and 1956." USCIS, Aug. 13, 2008.
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No Human Being Is Illegal
Peter Rachleff, July 26, 2008. Peter Rachleff is a Professor of History at Macalester College in St. Paul, and a specialist in labor and immigration history.
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MORE NEWS
Click the link, scroll down to Immigration Law News, return often.
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AAO on L-1B specialized knowledge
43-page AAO L-1B decision dated July 22, 2008 regarding specialized knowledge, other issues. The AAO received amicus curiae statements of interest from the American Council on International Personnel, the Information Technology Association of America, and the United States National Chamber of Commerce. Oral argument was held on May 22, 2008. [Large file, 3MB, may be slow to load.]
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Apparently, lesson was not learned in New Bedford raid
"For those of us who were involved in the aftermath of the immigration raid in New Bedford in March 2007, the recent raid in Postville, Iowa, was eerily reminiscent." Op-Ed by Harvey Kaplan, Nancy J. Kelly, John Willshire, Iris D. Gomez, Bernard J. Bonn III, John Reinstein, Laura Rotolo, and
Ondine G. Sniffin.
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Changes to Requirements Affecting H-2B Nonimmigrants and Their Employers
The Department of Homeland Security is proposing to amend its regulations affecting temporary non-agricultural workers within the H-2B nonimmigrant classification and their U.S. employers." FR Doc. 2008-19306 Filed 08/19/2008 at 8:45 am; Publication Date: 08/20/2008.
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Dada remanded to BIA
"This court previously denied Dada’s petition for review. Dada v. Gonzales,
207 F. App’x 425 (5th Cir. 2006), cert. granted, Dada v. Keisler, 128 S. Ct. 36
(2007). The Supreme Court of the United States reversed and remanded the case for further consideration. Dada v. Mukasey, 128 S. Ct. 2307 (2008). At this
court’s request, the parties filed supplemental letter briefs, in which they agree that the case should be remanded to the Board of Immigration Appeals.
Accordingly, the petition for review is GRANTED, and the case is REMANDED
to the Board of Immigration Appeals for further proceedings in the light of the
Supreme Court’s opinion." Dada v. Mukasey, Aug. 18, 2008.
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Don Kerwin leaving CLINIC
"Donald Kerwin, Executive Director of the Catholic Legal Immigration Network, Inc. (CLINIC), has announced he will leave the agency in mid-October." CLINIC, Aug. 18, 2008.
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DOS Final Rule: Documentation of Nonimmigrants under the Immigration and Nationality Act, as Amended: Fingerprinting
"This final rule amends the Department of State’s regulations relating to the
application for a nonimmigrant visa, to generally require all applicants, with certain
exceptions, to provide a set of ten scanned fingerprints as part of the application process. The scanning of ten fingerprints of nonimmigrant visa applicants has already been implemented." FR Doc. 2008-19316 Filed 08/19/2008 at 8:45 am; Publication Date: 08/20/2008.
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Jurisdictional victory in Texas
"[A]n interesting case being litigated by Bruce Coane. A judge from the Southern District of Texas denied the Government’s Motion to Dismiss in a case where Plaintiffs seek review of the denial of an L-1A extension by the AAO." Hakimuddin v. Chertoff, No. 08-1261, S.D.Tx., Houston Div., Aug. 18, 2008.
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Next Ombudsman's telecon: Aug. 26th
"How Is It Working For You?" The CIS Ombudsman's Community Call-In Teleconference Series provides a forum to hear issues of concern to individuals and employers as they interact with USCIS. See how you can join the discussion. * "U Visa: One Year After the Interim Final Rule" August 26, 2 pm EST.
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Ninth Circuit on "other serious harm"
"The BIA erred in failing to determine
whether, assuming the truth of Sowe’s testimony that he witnessed his parents’ murder, the severing of his brother’s hand,
and his sister’s kidnaping, he provided compelling reasons for his being unwilling or unable to return to Sierra Leone. Because we lack the authority to act as fact- finders, or to determine credibility in the first instance, we must remand to the BIA the question whether Sowe is eligible for asylum pursuant to section 1208.13(b)(1)(iii)(A)." Sowe v. Mukasey, Aug. 19, 2008.
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Ninth Circuit on abuse of discretion
"We must decide whether the IJ abused his discretion indenying Cui’s motion for a continuance so that she couldresubmit her fingerprints. We hold that, in the circumstances of this case, the IJ’s denial of Cui’s request for a continuance
constituted an abuse of discretion. Accordingly, we grant Cui’s petition and remand for the IJ to grant Cui the opportunity to submit new fingerprints in advance of her merits hearing." Cui v. Mukasey, Aug. 19, 2008.
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Ninth Circuit on motions to reopen
"We hold that, when the BIA commits legal error in a petitioner’s direct appeal, the BIA cannot cure that error in a denial of the petitioner’s motion to reopen." Doissaint v. Mukasey, Aug. 18, 2008.
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SBA comment on E-Verify
"Advocacy recommends that until better data are available, small businesses be exempted from the requirements of the rule, and should not be subject to debarment under the rule until the accuracy level of the E-Verify system has improved." SBA, Aug. 7, 2008.
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USCIS REMINDS CUSTOMERS - USE CORRECT EDITION OF I-765
"USCIS reminds its customers to use the correct version of the Application for Employment Authorization (Form I-765) dated 05/27/08. The edition date appears in the lower right hand corner of the form as “Form I-765 (Rev. 05/27/08) N".
Submission of an earlier version of Form I-765 may result in rejection of the application." USCIS, Aug. 18, 2008.
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USCIS withdraws proposed H-2B rule
"USCIS is withdrawing the proposed rule, Petitions for Aliens to Perform Nonagricultural Temporary Services or Labor (H-2B), published on January 27, 2005, in the Federal Register at 70 FR 3984." FR Doc. 2008-19322 Filed 08/19/2008 at 8:45 am; Publication Date: 08/20/2008.
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Esther Olavarria joins CAP/CAPAF as Senior Fellow
"The Center for American Progress and the Center for American Progress Action Fund are pleased to announce that Esther Olavarria has joined American Progress as Senior Fellow for Immigration. Esther comes to CAP/CAPAF from the UNHCR, the UN Refugee Agency, where she served as senior advisor for government and external relations. Prior to joining UNHCR, she was chief immigration counsel to Senator Edward Kennedy (D-MA) on the Senate Judiciary Committee. From 1998 to 2007, she served as Senator Kennedy’s principle advisor on immigration, border security, and refugee policies and legislation, including comprehensive immigration reform.
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DHS Final Rule: portions of ICEPIC exempt from Privacy Act
"The Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a new system of records entitled the ‘‘Immigration and Customs Enforcement (ICE) Pattern Analysis and Information Collection (ICEPIC) System’’ from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the ICEPIC system from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement
requirements. DATES: Effective Date: This final rule is effective August 18, 2008." Federal Register / Vol. 73, No. 160 / Monday, August 18, 2008.
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DHS NPRM: portions of FDNS–DS to be exempt from Privacy Act
"The Department of Homeland Security is concurrently establishing a new system of records pursuant to the Privacy Act of 1974 entitled the Technical Fraud Detection and National Security Data System (FDNS–DS). The USCIS has developed the Fraud Detection and National Security Data System (FDNS–DS), a case management system used to record, track, and manage immigration inquiries, investigative referrals, law enforcement requests, and case determinations involving benefit fraud, criminal activity, public safety and national
security concerns. In this proposed
rulemaking, the Department proposes to
exempt portions of this system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
DATES: Comments must be received on
or before September 17, 2008." Federal Register / Vol. 73, No. 160 / Monday, August 18, 2008.
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EOIR Swears In Three Immigration Judges
"Executive Office for Immigration Review (EOIR) Director Kevin A. Ohlson announced that three new immigration judges were sworn in today during an investiture ceremony in San Diego. Chief Immigration Judge David L. Neal administered the oath of office to Irene C. Feldman and Richard A. Phelps who will serve at the Eloy, Ariz., Immigration Court and Crimilda Guilloty who will serve at the Guaynabo, Puerto Rico, Immigration Court." EOIR, Aug. 15, 2008.
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Unpub. BIA victory: Pickering remand
"While adjudication of the substance of the respondent's motion will necessitate factfinding based upon new evidence, and under applicable regulation this Board
may not engage in appellate factfinding, it does present at least prima facie evidence that his 1999 conviction has been vacated and that the respondent may now be eligible for cancellation." Matter of Bains, A040 101 668 - San Francisco, Aug. 7, 2008, unpublished.
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USCIS PROPOSES CHANGES TO IMPROVE THE H-2B TEMPORARY NON-AGRICULTURAL WORKER PROGRAM
"USCIS announced today a series of proposed rule changes that will streamline procedures for hiring workers under the H-2B program. These changes are being proposed in further fulfillment of the commitment made by the Administration last August, after the failure of Congress to pass comprehensive immigration reform, to review and improve temporary worker visa programs using existing authorities. The proposed rule, which has been sent to the Federal Register, supplements the extensive reforms of the H-2B program already proposed by the Department of Labor in its proposed rule published on May 22." USCIS, Aug 15, 2008.
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USCIS PROPOSES STREAMLINING PROCEDURES FOR H-2B PROGRAM
USCIS Q&A, Aug. 15, 2008.
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Withdrawal of proposed H-2B rule
"U.S. Citizenship and Immigration Services (USCIS) is withdrawing the proposed rule, Petitions for Aliens to Perform Nonagricultural Temporary Services or
Labor (H-2B), published on January 27, 2005, in the Federal Register. ... In light of the public's comments, USCIS is no longer moving forward with the proposed
rule as designed and will publish a new proposed rule for public comments." [To be published in the Federal Register.]
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The Role of Local Police: Striking a Balance Between Immigration Enforcement and Civil Liberties
"On August 21-22, 2008, the Police Foundation will convene a national conference, The Role of Local Police: Striking a Balance Between Immigration Enforcement and Civil Liberties, to examine local law enforcement of federal immigration law. Law enforcement executives, government officials, policy groups, and community representatives will discuss legal and civil rights, crime and victimization patterns, and the social and economic impacts of immigration enforcement on local law enforcement operations, municipal budgets, and community quality of life."
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Extension of the Designation of Sudan for Temporary Protected Status; Automatic Extension of Employment Authorization Documentation for Sudanese TPS Beneficiaries
"This Notice announces that the Secretary of Homeland Security has extended the designation of Sudan for temporary protected status (TPS) for 18 months, from its current expiration date of November 2, 2008 through May 2, 2010." Federal Register / Vol. 73, No. 158 / Thursday, August 14, 2008.
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September 2008 Visa Bulletin
"VISA AVAILABILITY FOR OCTOBER: The Mexico F2A and Employment Third preference cut-off dates are “unavailable” for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September." DOS, Aug. 8, 2008.
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Light posting through Aug. 24th
Your editor is on the road, returning to Austin after 2 years in DC. Sightseeing and visiting family and friends along the way in N. Carolina, Georgia, Alabama, and Louisiana. I'll try to keep up daily posting, but it's August, after all: "Most people get the month of August off in France."
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The Refugee Maze
"Endangered Iraqis have discovered a slow global bureaucracy lies between them and safe harbor in the U.S. Here's how it works." ABA Journal, July 2008, page 35.
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EOIR Requires 9-Digit Alien Registration Numbers
"The Executive Office for Immigration Review (EOIR) announced today that, effective July 21, 2008, documents filed with EOIR’s immigration courts and the Board of Immigration Appeals (BIA) should indicate 9-digit alien registration numbers (A numbers)." EOIR, July 18, 2008.
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Immigration Judge Reports — Asylum
"New reports on the nation's 200-plus immigration judges are now available. The reports, covering how the judges decided asylum matters in the FY 2002 to FY 2007 period, are based on tens of thousands of very detailed records obtained and analyzed by TRAC under the Freedom of Information Act. The source was the Executive Office for Immigration Review, an agency within the Justice Department. The reports provide biographic information about the judges, breakdowns on the proportion of asylum matters they decline, and how their records compare with other judges in the base city and for the nation as a whole. Also available are data on the nationality of those requesting asylum and the percent who were represented by counsel. These reports update previous TRAC reports covering the handling of asylum cases in earlier periods. The declination rates of judges who decided 100 or fewer immigration matters between FY 2002 and FY 2007 are not presented." TRAC, July 21, 2008.
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National Immigrant Bond Fund
"The National Immigrant Bond Fund seeks to reaffirm the values of dignity and due process by assisting immigrants swept up in Immigration and Customs Enforcement (ICE) actions to post bond quickly in order to secure a fair hearing in America’s courts."
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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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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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