http://www.bibdaily.com/ Bender's Immigration Bulletin -- Immigration Law News en-us "Since USCIS will not be able to process and re-issue new EADs for all such beneficiaries by the January 5, 2009 expiration date, USCIS has decided to automatically extend the validity of EADs issued to Honduran nationals (or aliens having no nationality who last habitually resided in Honduras) until July 5, 2009." FR Doc. 2008-27702 Filed 11/21/2008 at 8:45 am; Publication Date: 11/24/2008. http://www.bibdaily.com "Since, USCIS will not be able to process and re-issue new EADs for all such beneficiaries by the January 5, 2009 expiration date, USCIS has decided to automatically extend the validity of EADs issued to Nicaraguan nationals (or aliens having no nationality who last habitually resided in Nicaragua) until July 5, 2009." FR Doc. 2008-27703 Filed 11/21/2008 at 8:45 am; Publication Date: 11/24/2008. http://www.bibdaily.com "A University of Arizona researcher presented some findings of her forthcoming report on female immigrants in detention Thursday afternoon, claiming some have been mistreated." Tucson Citizen, Nov. 20, 2008. http://www.bibdaily.com “Notarios,” Visa Consultants, and Immigration Consultants Are Not Attorneys. EOIR, Nov. 20, 2008. http://www.bibdaily.com "Napolitano is by no means an anti- immigration hardliner. However, as a lawyer, former federal prosecutor, and a governor who has insisted on more border control and stood behind a tough employer-sanctions law, she will fit easily into the “rule of law” framework for directing ICE and CBP operations. It’s a framework that has already been adopted by the Democratic Party and to a certain extent by Obama." Tom Barry, Nov. 21, 2008. http://www.bibdaily.com "Stan Wood, who owns Everglades Botanical Services in Davie and has worked with immigrants in agriculture businesses most of his life, had a quick answer when asked whether the no-match letter program would work: "No. Hell no!"" South Florida Sun-Sentinel, Nov. 21, 2008. http://www.bibdaily.com "Immigration agents armed with arrest warrants round up Flagstaff residents previously ordered by a judge to leave the country." Arizona Daily Sun, Nov. 21, 2008. http://www.bibdaily.com "Although they initially leaned more toward Hillary Rodham Clinton, Latinos gave Obama 67 percent of their votes nationwide, increasing their turnout, delivering several key states and gaining clout in the Democratic Party. They say they earned a seat at Obama's table and plan to remind him that he promised to revive and enact a proposal many favor: a comprehensive immigration overhaul, including a legalization program." Sacramento Bee, Nov. 21, 2008. http://www.bibdaily.com "U.S. Customs and Border Protection continues to maintain open lines of communication with affected landowners in the Border Patrol’s Rio Grande Valley Sector to ensure that they have up-to-date information regarding plans for border fencing to be installed on their property." CBP, Nov. 19, 2008. http://www.bibdaily.com "President-elect Barack Obama's expected nominee for Homeland Security secretary, Arizona Gov. Janet Napolitano, helped investigate the biggest U.S. terrorist attack before Sept. 11, 2001 - the 1995 Oklahoma City bombing - and has been a national leader on immigration and border-security issues." McClatchy, Nov. 21, 2008. http://www.bibdaily.com "Because crimes of violence, as defined under § 16(b), are limited to society’s most serious offenses—offenses that do not include reckless or accidental conduct—we grant Mr. Jimenez-Gonzalez’s petition for review and hold that criminal recklessness is not a crime of violence for immigration purposes." Jimenez-Gonzalez v. Mukasey, Nov. 21, 2008. http://www.bibdaily.com USCIS, Nov. 21, 2008. http://www.bibdaily.com "[T]here is no language in the opinion indicating that the BIA analyzed Kesuma’s case under the proper well-founded fear of persecution standard for asylum cases." Kesuma v. A.G., Nov. 21, 2008. http://www.bibdaily.com UNHCR, Nov. 21, 2008. http://www.bibdaily.com/pdfs/UNHCR%20Note%20Sexual%20Orientation.pdf "To preclude Zheng from naturalizing on the tenuous argument that he lied about not lying in the past, when the record reflects not only his honest and hardworking history, but also his limited intelligence and inability to communicate in English, would be manifest injustice. Therefore, this Court finds that Zheng does not lack good moral character for purposes of his N-400 Application for Naturalization, and the USCIS must reconsider Zheng's Application in light of this finding." Zheng v. Chertoff, E.D. Penn., Nov. 12, 2008. http://www.bibdaily.com/pdfs/Zheng%2011-12-08.pdf "The Houston nonprofit executive was shifting weight in line at an Humble DPS office earlier this month, waiting to renew his driver's license, when he noticed a couple of people in front of him come away looking confused or exasperated. When he got to the front, he understood why. The woman behind the counter ran his name, Jose Villarreal, in her computer. Then, he says, she promptly asked him to prove his citizenship. Villarreal was taken aback. He was born and raised in South Texas, in a little town called Orange Grove, and moved to Houston in 1976. At 61, he'd never been asked by DPS to prove he was here legally." Lisa Falkenberg, Nov. 19, 2008. http://www.bibdaily.com NILC, Nov. 14, 2008. http://www.bibdaily.com This is the third article in a three-part series on the post-election debate on immigration reform. Tom Barry, Nov. 20, 2008. http://www.bibdaily.com "It’s not enough that DHS is building hundreds of miles of walls along the U.S.-Mexico border, creating physical and emotional barriers between us and our neighbor, ally, and trading partner. But now there is a plan to build a wall around a portion of the wall." Michele Waslin, Nov. 20, 2008. http://www.bibdaily.com "In a statement, ten prominent conservatives urged the Bush administration to comply with federal District Court Judge Ricardo Urbina’s order to release 17 Guantanamo detainees, known as the Uighurs, and chastised the Bush administration for “compromis[ing] our principles and undermin[ing] our standing in the world” by thwarting their release. On November 24, 2008, the U.S. Court of Appeals for the D.C. Circuit will to hear oral arguments concerning the Uighurs’ release. Authors of this statement agree that “this is not a partisan issue. Conservatives and liberals, Republicans and Democrats, advocates of a strong president, a strong Congress, and a strong federal judiciary all believe that the system of checks and balances created by our country’s founders is required to preserve Americans’ freedoms and liberties and our country’s security." The Constitution Project, Nov. 20, 2008. http://www.bibdaily.com "Chinese students are enrolling in U.S. universities in record numbers, encouraged by aggressive recruiting combined with China's booming economy and growing middle class." AP, Nov. 17, 2008. http://www.bibdaily.com "John Malkovich is so touched by the plight of migrant children who cross illegally into the United States that he plans to make a documentary about it." AP, Nov. 20, 2008. http://www.bibdaily.com "The city of Los Angeles would pay nearly $13 million to immigration protesters and bystanders injured by Los Angeles police officers during a melee at MacArthur Park last year, according to sources familiar with a tentative settlement reached by both sides." Los Angeles Times, Nov. 20, 2008. http://www.bibdaily.com "Arizona Gov. Janet Napolitano (D), whose handling of immigration issues brought her accolades from fellow governors, is President-elect Barack Obama's choice to serve as secretary of homeland security, Democratic sources said yesterday." Washington Post, Nov. 20, 2008. http://www.bibdaily.com "For too long border security has been a sound bite and an excuse for those opposing immigration reform. Today’s report is a clear sign to the country that border enforcement is a difficult issue that deserves a solution based on security, responsibility and human rights, not fear mongering and posturing,” noted Ali Noorani, the organization’s Executive Director." http://www.bibdaily.com "It saves time and millions of taxpayer dollars, and it has just arrived in South Florida." South Florida Sun-Sentinel, Nov. 19, 2008. http://www.bibdaily.com "[W]e hold that when the DHS opposes a motion to reopen for adjustment of status, the BIA may consider the objection, but may not deny the motion based solely on the fact of the DHS’s objection." Ahmed v. Mukasey, Nov. 19, 2008. [Bob Jobe rocks again!] http://www.bibdaily.com/pdfs/Ahmed%209%2011-19-08.pdf THOMAS, Circuit Judge, with whom PREGERSON, Circuit Judge, joins, dissenting: "Distilled to its essence, this case involves the irrationality of affording privileges to lawful permanent residents who step across the border for a day, but denying the same privileges to those who do not. The majority not only blesses this unequal treatment, but goes much further, overruling more than 60 years of precedent, approving an unconstitutional statutory scheme not even the Board of Immigration Appeals endorses, and implicitly declaring unconstitutional a federal regulation." Abebe v. Mukasey, Nov. 20, 2008. http://www.bibdaily.com/pdfs/Abebe%209%2011-20-08.pdf "A recent poll by Zogby International of Catholics in the United States showed overwhelming support for reform of American immigration laws, with Catholics supporting a path to citizenship for the estimated 12 million undocumented persons in the country." Spero News, Nov. 19, 2008. http://www.bibdaily.com ANALYSIS OF THE DEPARTMENT OF HOMELAND SECURITY’S NATIONAL ID PROGRAM. EPIC, May 2008. http://www.bibdaily.com "In 2004, Heathcliffe Bradley was planning to return to his native New Zealand after eight years in the United States when he met Cheryl Losee, a New Jersey native, and his plans flew out the window. He stayed, they married, and then he turned his attention to a lingering problem: Mr. Bradley was an illegal immigrant." New York Times, Nov. 20, 2008. http://www.bibdaily.com "Wanda Romberger, manager of court interpreting services at the National Center for State Courts, says that almost every state is being confronted with a lack of certified interpreters — who have to pass difficult exams — especially in languages other than Spanish." USA Today, Nov. 18, 2008. http://www.bibdaily.com By Dinah Wiley, NILC, Nov. 20, 2008. http://www.bibdaily.com "The Office of the Attorney General’s report provides both an overview of human trafficking in the State of Texas and the government’s response to this horrendous crime." Nov. 2008. https://www.texasattorneygeneral.gov/AG_Publications/pdfs/human_trafficking.pdf "We, the undersigned members of the Constitution Project’s Liberty and Security Committee, are issuing this report to urge policymakers to adopt critical reforms in the ways we use immigration law as a counterterrorism tool." The Constitution Project, Nov. 17, 2008. https://www.texasattorneygeneral.gov/AG_Publications/pdfs/human_trafficking.pdf "Crossing Over is a multi-character canvas about immigrants of different nationalities struggling to achieve legal status in Los Angeles." https://www.texasattorneygeneral.gov/AG_Publications/pdfs/human_trafficking.pdf "[C]lient had a prior expedited removal and affirmatively applied for asylum. The asylum office knew about the prior order up front and referred the case to ICE, who chose to issue a Notice to Appear instead of a reinstatement of removal order. The client applied for asylum before the immigration judge and after testimony on the asylum case, ICE moved to terminate for reinstatement of removal. The IJ denied the motion and granted asylum, and the government appealed the denial of the motion to terminate. Amazingly, the Board dismissed the appeal, stating that ICE CHOSE to issue the NTA and knew about the prior order up front." Matter of X-, Nov. 13, 2008. [Hats off to Chris Parry, pro bono.] https://www.texasattorneygeneral.gov/AG_Publications/pdfs/human_trafficking.pdf "Foreigners who marry Americans are entitled to become permanent residents of the U.S., but in a stricter post-9/11 world, hundreds of widows are being asked to leave the country because their husbands died - even some whose children were born in the U.S." https://www.texasattorneygeneral.gov/AG_Publications/pdfs/human_trafficking.pdf "Private prison corporations are a good place to put money – if you are interested in making good money from companies that imprison people for profit. As the two leading private prison firms like to tell investors, it’s a booming business these days not because crime rates are rising but because of the new opportunities in immigrant detention." Tom Barry, Nov. 19, 2008. https://www.texasattorneygeneral.gov/AG_Publications/pdfs/human_trafficking.pdf "Professor Martin will serve on the agency review team for the Department of Homeland Security. "I am honored and excited to be involved in this transition work," says Martin. "Immigration will be a significant issue for the new administration to consider, and I welcome the opportunity to contribute toward making the immigration pieces of homeland security work as effectively as possible."" DePauw University, Nov. 18, 2008. https://www.texasattorneygeneral.gov/AG_Publications/pdfs/human_trafficking.pdf "In fiscal year 2008, the U.S. Department of State issued a record high of 710,631 F, J, and M student and exchange visitor visas. This represented a 9.1 percent increase in F, J, and M student and exchange visas issued in fiscal year 2008 than in fiscal year 2007; and a more than 26 percent increase over fiscal year 2001. This is the third fiscal year in a row the State Department has broken records in this area." DOS, Nov. 18, 2008. https://www.texasattorneygeneral.gov/AG_Publications/pdfs/human_trafficking.pdf Matter of SILVA-TREVINO, 24 I&N Dec. 687 (A.G. 2008): (1) To determine whether a conviction is for a crime involving moral turpitude, immigration judges and the Board of Immigration Appeals should: (1) look to the statute of conviction under the categorical inquiry and determine whether there is a “realistic probability” that the State or Federal criminal statute pursuant to which the alien was convicted would be applied to reach conduct that does not involve moral turpitude; (2) if the categorical inquiry does not resolve the question, engage in a modified categorical inquiry and examine the record of conviction, including documents such as the indictment, the judgment of conviction, jury instructions, a signed guilty plea, and the plea transcript; and (3) if the record of conviction is inconclusive, consider any additional evidence deemed necessary or appropriate to resolve accurately the moral turpitude question. (2) It is proper to make a categorical finding that a defendant’s conduct involves moral turpitude when that conduct results in conviction on the charge of intentional sexual contact with a person the defendant knew or should have known was a child. (3) To qualify as a crime involving moral turpitude for purposes of the Immigration and Nationality Act, a crime must involve both reprehensible conduct and some degree of scienter, whether specific intent, deliberateness, willfulness, or recklessness. https://www.texasattorneygeneral.gov/AG_Publications/pdfs/human_trafficking.pdf "When Nashville immigration lawyer Linda Rose holds a seminar for business owners, there are usually questions about worksite immigration raids. But at a seminar this month, much of Rose's audience wanted to talk about immigration enforcement that comes in the mail, not through the door: the no-match letter." Tennessean, Nov. 17, 2008. http://www.bibdaily.com "T. Alexander Aleinikoff has been Dean of the Georgetown University Law Center and Executive Vice President of Georgetown University since July 2004. He has been a member of the Georgetown faculty since 1997. Dean Aleinikoff served as General Counsel and Executive Associate Commissioner for Programs at the Immigration and Naturalization Service for several years during the Clinton Administration. From 1997 to 2004 he was a Senior Associate at the Migration Policy Institute, where he now serves on the Board of Trustees. He has written widely on immigration, refugee and citizenship law and constitutional law. Dean Aleinikoff is a graduate of Swarthmore College and Yale Law School. -- Mariano-Florentino (Tino) Cuéllar is Professor and Deane F. Johnson Faculty Scholar at Stanford Law School. His work focuses on how organizations manage complex regulatory, migration, international security, and criminal justice problems. During the Clinton Administration he served at Treasury as Senior Advisor to the Under Secretary for Enforcement, where he worked on countering domestic and international financial crime, improving border coordination, and enhancing anti-corruption measures. He has served on the boards of numerous organizations, including Asylum Access and the Stanford Center for International Security and Cooperation. He has testified before Congress on immigration policy and separation of powers, and was appointed to the Silicon Valley Blue Ribbon Task Force on Aviation Security. He holds a J.D. from Yale Law School and a Ph.D. in Political Science from Stanford. He is an elected member of the American Law Institute." http://www.bibdaily.com USCIS, Nov. 19, 2008. http://www.bibdaily.com "Hundreds of former workers at a New Bedford company that was raided by immigration agents last year will share $613,000 in unpaid wages and overtime pay through a settlement agreement announced yesterday. Lawyers for the workers called it “partial justice.”" Providence Journal, Nov. 19, 2008. http://www.bibdaily.com Friday, January 30, 2009, Penn State University, Dickinson School of Law, Center for Immigrants’ Rights. http://www.bibdaily.com "Effective January 12, 2009, Visa Waiver Program (VWP) travelers will be required to obtain a travel authorization via the Electronic System for Travel Authorization (ESTA) prior to boarding a carrier to travel by air or sea to the U.S. under the VWP. ESTA is now accessible online at https://esta.cbp.dhs.gov for citizens and eligible nationals of VWP countries." http://www.bibdaily.com "The U.S. Department of Education today launched U.S.A. Learns, a free Web site to help immigrants learn English. The Web site, which is located at www.USALearns.org, provides approximately 11 million adults who have low levels of English proficiency with easily accessible and free English language training." http://www.bibdaily.com Department of State Publication 9514 CA/VO: November 6, 2008 http://www.bibdaily.com Office of the President-Elect, official govt. website. Click on the "Submit your ideas" button; make your voice heard. http://www.bibdaily.com "You are invited to attend a Border Wall Summit in El Paso, Texas on December 2-3, 2008. The summit will bring together diverse organizations and individuals from along the border and across the country in order to collaborate on border wall opposition strategy." http://www.bibdaily.com EOIR Fact Sheet, Updated Oct. 27, 2008. http://www.bibdaily.com "Peter Roberts had a problem. A Canadian citizen and a member of the Campbell River Band of Canadian Indians, Roberts regularly crossed the United States-Canada border to visit his property in Point Roberts, Washington. He had a “green card,” and had been crossing the border since he was a young boy with his family to visit relatives on the Lummi Indian Reservation. In 2007, however, immigration officials confiscated his green card and required him to appear in an immigration court. The issue: whether he had enough Indian “blood” to cross the border as a Canadian Indian entitled to free passage into the United States. Roberts has fair skin and curly hair inherited from his Ukrainian mother, but the facial features of his Indian father. Roberts asserted his physical appearance caused immigration officials to question his right to free passage. Both American and Canadian press reports emphasized the curious racial aspect of Roberts's situation. How could it be that a person had to prove his racial ancestry in 2008?" Paul Spruhan, North Dakota Law Review, Forthcoming. http://www.bibdaily.com Juan P. Osuna and Jean C. King, Oct. 2008. http://www.bibdaily.com/pdfs/Precedent%20decisions%20FY2008.pdf ...on October 27, 2008. Location: 1717 Avenue H, Suite 100 Omaha, NE 68110 Hours of Operation: 8:00 a.m. - 4:30 p.m. Telephone: (402) 348-0310 http://www.bibdaily.com "This public notice provides information on how to apply for the DV–2010 Program." Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008. http://www.bibdaily.com "Georgetown University's Center for Applied Legal Studies will offer one lawyer a two-year teaching fellowship (July 2009 - June 2011). The fellowship provides a unique opportunity to learn how to teach law in a clinical setting." http://www.bibdaily.com "Since USCIS will not be able to process and re-issue new EADs for all such beneficiaries by the January 5, 2009 expiration date, USCIS has decided to automatically extend the validity of EADs issued to Honduran nationals (or aliens having no nationality who last habitually resided in Honduras) until July 5, 2009." FR Doc. 2008-27702 Filed 11/21/2008 at 8:45 am; Publication Date: 11/24/2008. http://www.bibdaily.com "Since, USCIS will not be able to process and re-issue new EADs for all such beneficiaries by the January 5, 2009 expiration date, USCIS has decided to automatically extend the validity of EADs issued to Nicaraguan nationals (or aliens having no nationality who last habitually resided in Nicaragua) until July 5, 2009." FR Doc. 2008-27703 Filed 11/21/2008 at 8:45 am; Publication Date: 11/24/2008. http://www.bibdaily.com "A University of Arizona researcher presented some findings of her forthcoming report on female immigrants in detention Thursday afternoon, claiming some have been mistreated." Tucson Citizen, Nov. 20, 2008. http://www.bibdaily.com “Notarios,” Visa Consultants, and Immigration Consultants Are Not Attorneys. EOIR, Nov. 20, 2008. http://www.bibdaily.com "Napolitano is by no means an anti- immigration hardliner. However, as a lawyer, former federal prosecutor, and a governor who has insisted on more border control and stood behind a tough employer-sanctions law, she will fit easily into the “rule of law” framework for directing ICE and CBP operations. It’s a framework that has already been adopted by the Democratic Party and to a certain extent by Obama." Tom Barry, Nov. 21, 2008. http://www.bibdaily.com "Stan Wood, who owns Everglades Botanical Services in Davie and has worked with immigrants in agriculture businesses most of his life, had a quick answer when asked whether the no-match letter program would work: "No. Hell no!"" South Florida Sun-Sentinel, Nov. 21, 2008. http://www.bibdaily.com "Immigration agents armed with arrest warrants round up Flagstaff residents previously ordered by a judge to leave the country." Arizona Daily Sun, Nov. 21, 2008. http://www.bibdaily.com "Although they initially leaned more toward Hillary Rodham Clinton, Latinos gave Obama 67 percent of their votes nationwide, increasing their turnout, delivering several key states and gaining clout in the Democratic Party. They say they earned a seat at Obama's table and plan to remind him that he promised to revive and enact a proposal many favor: a comprehensive immigration overhaul, including a legalization program." Sacramento Bee, Nov. 21, 2008. http://www.bibdaily.com "U.S. Customs and Border Protection continues to maintain open lines of communication with affected landowners in the Border Patrol’s Rio Grande Valley Sector to ensure that they have up-to-date information regarding plans for border fencing to be installed on their property." CBP, Nov. 19, 2008. http://www.bibdaily.com "President-elect Barack Obama's expected nominee for Homeland Security secretary, Arizona Gov. Janet Napolitano, helped investigate the biggest U.S. terrorist attack before Sept. 11, 2001 - the 1995 Oklahoma City bombing - and has been a national leader on immigration and border-security issues." McClatchy, Nov. 21, 2008. http://www.bibdaily.com "Because crimes of violence, as defined under § 16(b), are limited to society’s most serious offenses—offenses that do not include reckless or accidental conduct—we grant Mr. Jimenez-Gonzalez’s petition for review and hold that criminal recklessness is not a crime of violence for immigration purposes." Jimenez-Gonzalez v. Mukasey, Nov. 21, 2008. http://www.bibdaily.com USCIS, Nov. 21, 2008. http://www.bibdaily.com "[T]here is no language in the opinion indicating that the BIA analyzed Kesuma’s case under the proper well-founded fear of persecution standard for asylum cases." Kesuma v. A.G., Nov. 21, 2008. http://www.bibdaily.com UNHCR, Nov. 21, 2008. http://www.bibdaily.com/pdfs/UNHCR%20Note%20Sexual%20Orientation.pdf "To preclude Zheng from naturalizing on the tenuous argument that he lied about not lying in the past, when the record reflects not only his honest and hardworking history, but also his limited intelligence and inability to communicate in English, would be manifest injustice. Therefore, this Court finds that Zheng does not lack good moral character for purposes of his N-400 Application for Naturalization, and the USCIS must reconsider Zheng's Application in light of this finding." Zheng v. Chertoff, E.D. Penn., Nov. 12, 2008. http://www.bibdaily.com/pdfs/Zheng%2011-12-08.pdf "The Houston nonprofit executive was shifting weight in line at an Humble DPS office earlier this month, waiting to renew his driver's license, when he noticed a couple of people in front of him come away looking confused or exasperated. When he got to the front, he understood why. The woman behind the counter ran his name, Jose Villarreal, in her computer. Then, he says, she promptly asked him to prove his citizenship. Villarreal was taken aback. He was born and raised in South Texas, in a little town called Orange Grove, and moved to Houston in 1976. At 61, he'd never been asked by DPS to prove he was here legally." Lisa Falkenberg, Nov. 19, 2008. http://www.bibdaily.com NILC, Nov. 14, 2008. http://www.bibdaily.com This is the third article in a three-part series on the post-election debate on immigration reform. Tom Barry, Nov. 20, 2008. http://www.bibdaily.com "It’s not enough that DHS is building hundreds of miles of walls along the U.S.-Mexico border, creating physical and emotional barriers between us and our neighbor, ally, and trading partner. But now there is a plan to build a wall around a portion of the wall." Michele Waslin, Nov. 20, 2008. http://www.bibdaily.com "In a statement, ten prominent conservatives urged the Bush administration to comply with federal District Court Judge Ricardo Urbina’s order to release 17 Guantanamo detainees, known as the Uighurs, and chastised the Bush administration for “compromis[ing] our principles and undermin[ing] our standing in the world” by thwarting their release. On November 24, 2008, the U.S. Court of Appeals for the D.C. Circuit will to hear oral arguments concerning the Uighurs’ release. Authors of this statement agree that “this is not a partisan issue. Conservatives and liberals, Republicans and Democrats, advocates of a strong president, a strong Congress, and a strong federal judiciary all believe that the system of checks and balances created by our country’s founders is required to preserve Americans’ freedoms and liberties and our country’s security." The Constitution Project, Nov. 20, 2008. http://www.bibdaily.com "Chinese students are enrolling in U.S. universities in record numbers, encouraged by aggressive recruiting combined with China's booming economy and growing middle class." AP, Nov. 17, 2008. http://www.bibdaily.com "John Malkovich is so touched by the plight of migrant children who cross illegally into the United States that he plans to make a documentary about it." AP, Nov. 20, 2008. http://www.bibdaily.com "The city of Los Angeles would pay nearly $13 million to immigration protesters and bystanders injured by Los Angeles police officers during a melee at MacArthur Park last year, according to sources familiar with a tentative settlement reached by both sides." Los Angeles Times, Nov. 20, 2008. http://www.bibdaily.com "Arizona Gov. Janet Napolitano (D), whose handling of immigration issues brought her accolades from fellow governors, is President-elect Barack Obama's choice to serve as secretary of homeland security, Democratic sources said yesterday." Washington Post, Nov. 20, 2008. http://www.bibdaily.com "For too long border security has been a sound bite and an excuse for those opposing immigration reform. Today’s report is a clear sign to the country that border enforcement is a difficult issue that deserves a solution based on security, responsibility and human rights, not fear mongering and posturing,” noted Ali Noorani, the organization’s Executive Director." http://www.bibdaily.com "It saves time and millions of taxpayer dollars, and it has just arrived in South Florida." South Florida Sun-Sentinel, Nov. 19, 2008. http://www.bibdaily.com "[W]e hold that when the DHS opposes a motion to reopen for adjustment of status, the BIA may consider the objection, but may not deny the motion based solely on the fact of the DHS’s objection." Ahmed v. Mukasey, Nov. 19, 2008. [Bob Jobe rocks again!] http://www.bibdaily.com/pdfs/Ahmed%209%2011-19-08.pdf THOMAS, Circuit Judge, with whom PREGERSON, Circuit Judge, joins, dissenting: "Distilled to its essence, this case involves the irrationality of affording privileges to lawful permanent residents who step across the border for a day, but denying the same privileges to those who do not. The majority not only blesses this unequal treatment, but goes much further, overruling more than 60 years of precedent, approving an unconstitutional statutory scheme not even the Board of Immigration Appeals endorses, and implicitly declaring unconstitutional a federal regulation." Abebe v. Mukasey, Nov. 20, 2008. http://www.bibdaily.com/pdfs/Abebe%209%2011-20-08.pdf "A recent poll by Zogby International of Catholics in the United States showed overwhelming support for reform of American immigration laws, with Catholics supporting a path to citizenship for the estimated 12 million undocumented persons in the country." Spero News, Nov. 19, 2008. http://www.bibdaily.com ANALYSIS OF THE DEPARTMENT OF HOMELAND SECURITY’S NATIONAL ID PROGRAM. EPIC, May 2008. http://www.bibdaily.com "In 2004, Heathcliffe Bradley was planning to return to his native New Zealand after eight years in the United States when he met Cheryl Losee, a New Jersey native, and his plans flew out the window. He stayed, they married, and then he turned his attention to a lingering problem: Mr. Bradley was an illegal immigrant." New York Times, Nov. 20, 2008. http://www.bibdaily.com "Wanda Romberger, manager of court interpreting services at the National Center for State Courts, says that almost every state is being confronted with a lack of certified interpreters — who have to pass difficult exams — especially in languages other than Spanish." USA Today, Nov. 18, 2008. http://www.bibdaily.com By Dinah Wiley, NILC, Nov. 20, 2008. http://www.bibdaily.com "The Office of the Attorney General’s report provides both an overview of human trafficking in the State of Texas and the government’s response to this horrendous crime." Nov. 2008. https://www.texasattorneygeneral.gov/AG_Publications/pdfs/human_trafficking.pdf "We, the undersigned members of the Constitution Project’s Liberty and Security Committee, are issuing this report to urge policymakers to adopt critical reforms in the ways we use immigration law as a counterterrorism tool." The Constitution Project, Nov. 17, 2008. https://www.texasattorneygeneral.gov/AG_Publications/pdfs/human_trafficking.pdf "Crossing Over is a multi-character canvas about immigrants of different nationalities struggling to achieve legal status in Los Angeles." https://www.texasattorneygeneral.gov/AG_Publications/pdfs/human_trafficking.pdf "[C]lient had a prior expedited removal and affirmatively applied for asylum. The asylum office knew about the prior order up front and referred the case to ICE, who chose to issue a Notice to Appear instead of a reinstatement of removal order. The client applied for asylum before the immigration judge and after testimony on the asylum case, ICE moved to terminate for reinstatement of removal. The IJ denied the motion and granted asylum, and the government appealed the denial of the motion to terminate. Amazingly, the Board dismissed the appeal, stating that ICE CHOSE to issue the NTA and knew about the prior order up front." Matter of X-, Nov. 13, 2008. [Hats off to Chris Parry, pro bono.] https://www.texasattorneygeneral.gov/AG_Publications/pdfs/human_trafficking.pdf "Foreigners who marry Americans are entitled to become permanent residents of the U.S., but in a stricter post-9/11 world, hundreds of widows are being asked to leave the country because their husbands died - even some whose children were born in the U.S." https://www.texasattorneygeneral.gov/AG_Publications/pdfs/human_trafficking.pdf "Private prison corporations are a good place to put money – if you are interested in making good money from companies that imprison people for profit. As the two leading private prison firms like to tell investors, it’s a booming business these days not because crime rates are rising but because of the new opportunities in immigrant detention." Tom Barry, Nov. 19, 2008. https://www.texasattorneygeneral.gov/AG_Publications/pdfs/human_trafficking.pdf "Professor Martin will serve on the agency review team for the Department of Homeland Security. "I am honored and excited to be involved in this transition work," says Martin. "Immigration will be a significant issue for the new administration to consider, and I welcome the opportunity to contribute toward making the immigration pieces of homeland security work as effectively as possible."" DePauw University, Nov. 18, 2008. https://www.texasattorneygeneral.gov/AG_Publications/pdfs/human_trafficking.pdf "In fiscal year 2008, the U.S. Department of State issued a record high of 710,631 F, J, and M student and exchange visitor visas. This represented a 9.1 percent increase in F, J, and M student and exchange visas issued in fiscal year 2008 than in fiscal year 2007; and a more than 26 percent increase over fiscal year 2001. This is the third fiscal year in a row the State Department has broken records in this area." DOS, Nov. 18, 2008. https://www.texasattorneygeneral.gov/AG_Publications/pdfs/human_trafficking.pdf Matter of SILVA-TREVINO, 24 I&N Dec. 687 (A.G. 2008): (1) To determine whether a conviction is for a crime involving moral turpitude, immigration judges and the Board of Immigration Appeals should: (1) look to the statute of conviction under the categorical inquiry and determine whether there is a “realistic probability” that the State or Federal criminal statute pursuant to which the alien was convicted would be applied to reach conduct that does not involve moral turpitude; (2) if the categorical inquiry does not resolve the question, engage in a modified categorical inquiry and examine the record of conviction, including documents such as the indictment, the judgment of conviction, jury instructions, a signed guilty plea, and the plea transcript; and (3) if the record of conviction is inconclusive, consider any additional evidence deemed necessary or appropriate to resolve accurately the moral turpitude question. (2) It is proper to make a categorical finding that a defendant’s conduct involves moral turpitude when that conduct results in conviction on the charge of intentional sexual contact with a person the defendant knew or should have known was a child. (3) To qualify as a crime involving moral turpitude for purposes of the Immigration and Nationality Act, a crime must involve both reprehensible conduct and some degree of scienter, whether specific intent, deliberateness, willfulness, or recklessness. https://www.texasattorneygeneral.gov/AG_Publications/pdfs/human_trafficking.pdf "When Nashville immigration lawyer Linda Rose holds a seminar for business owners, there are usually questions about worksite immigration raids. But at a seminar this month, much of Rose's audience wanted to talk about immigration enforcement that comes in the mail, not through the door: the no-match letter." Tennessean, Nov. 17, 2008. http://www.bibdaily.com "T. Alexander Aleinikoff has been Dean of the Georgetown University Law Center and Executive Vice President of Georgetown University since July 2004. He has been a member of the Georgetown faculty since 1997. Dean Aleinikoff served as General Counsel and Executive Associate Commissioner for Programs at the Immigration and Naturalization Service for several years during the Clinton Administration. From 1997 to 2004 he was a Senior Associate at the Migration Policy Institute, where he now serves on the Board of Trustees. He has written widely on immigration, refugee and citizenship law and constitutional law. Dean Aleinikoff is a graduate of Swarthmore College and Yale Law School. -- Mariano-Florentino (Tino) Cuéllar is Professor and Deane F. Johnson Faculty Scholar at Stanford Law School. His work focuses on how organizations manage complex regulatory, migration, international security, and criminal justice problems. During the Clinton Administration he served at Treasury as Senior Advisor to the Under Secretary for Enforcement, where he worked on countering domestic and international financial crime, improving border coordination, and enhancing anti-corruption measures. He has served on the boards of numerous organizations, including Asylum Access and the Stanford Center for International Security and Cooperation. He has testified before Congress on immigration policy and separation of powers, and was appointed to the Silicon Valley Blue Ribbon Task Force on Aviation Security. He holds a J.D. from Yale Law School and a Ph.D. in Political Science from Stanford. He is an elected member of the American Law Institute." http://www.bibdaily.com USCIS, Nov. 19, 2008. http://www.bibdaily.com "Hundreds of former workers at a New Bedford company that was raided by immigration agents last year will share $613,000 in unpaid wages and overtime pay through a settlement agreement announced yesterday. Lawyers for the workers called it “partial justice.”" Providence Journal, Nov. 19, 2008. http://www.bibdaily.com Friday, January 30, 2009, Penn State University, Dickinson School of Law, Center for Immigrants’ Rights. http://www.bibdaily.com "Effective January 12, 2009, Visa Waiver Program (VWP) travelers will be required to obtain a travel authorization via the Electronic System for Travel Authorization (ESTA) prior to boarding a carrier to travel by air or sea to the U.S. under the VWP. ESTA is now accessible online at https://esta.cbp.dhs.gov for citizens and eligible nationals of VWP countries." http://www.bibdaily.com "The U.S. Department of Education today launched U.S.A. Learns, a free Web site to help immigrants learn English. The Web site, which is located at www.USALearns.org, provides approximately 11 million adults who have low levels of English proficiency with easily accessible and free English language training." http://www.bibdaily.com Department of State Publication 9514 CA/VO: November 6, 2008 http://www.bibdaily.com Office of the President-Elect, official govt. website. Click on the "Submit your ideas" button; make your voice heard. http://www.bibdaily.com "You are invited to attend a Border Wall Summit in El Paso, Texas on December 2-3, 2008. The summit will bring together diverse organizations and individuals from along the border and across the country in order to collaborate on border wall opposition strategy." http://www.bibdaily.com EOIR Fact Sheet, Updated Oct. 27, 2008. http://www.bibdaily.com "Peter Roberts had a problem. A Canadian citizen and a member of the Campbell River Band of Canadian Indians, Roberts regularly crossed the United States-Canada border to visit his property in Point Roberts, Washington. He had a “green card,” and had been crossing the border since he was a young boy with his family to visit relatives on the Lummi Indian Reservation. In 2007, however, immigration officials confiscated his green card and required him to appear in an immigration court. The issue: whether he had enough Indian “blood” to cross the border as a Canadian Indian entitled to free passage into the United States. Roberts has fair skin and curly hair inherited from his Ukrainian mother, but the facial features of his Indian father. Roberts asserted his physical appearance caused immigration officials to question his right to free passage. Both American and Canadian press reports emphasized the curious racial aspect of Roberts's situation. How could it be that a person had to prove his racial ancestry in 2008?" Paul Spruhan, North Dakota Law Review, Forthcoming. http://www.bibdaily.com Juan P. Osuna and Jean C. King, Oct. 2008. http://www.bibdaily.com/pdfs/Precedent%20decisions%20FY2008.pdf ...on October 27, 2008. Location: 1717 Avenue H, Suite 100 Omaha, NE 68110 Hours of Operation: 8:00 a.m. - 4:30 p.m. Telephone: (402) 348-0310 http://www.bibdaily.com "This public notice provides information on how to apply for the DV–2010 Program." Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008. http://www.bibdaily.com "Georgetown University's Center for Applied Legal Studies will offer one lawyer a two-year teaching fellowship (July 2009 - June 2011). The fellowship provides a unique opportunity to learn how to teach law in a clinical setting." http://www.bibdaily.com