Monday, August 31, 2009

Making Our Voices Heard In Washington, DC

"It is time to organize... because the President has shown us with the selection of his leadership team on these issues that he needs to be pushed in the direction that is more responsible and that will lead to more just policies because right now his policies are lacking." Janis Rosheuvel, Families for Freedom

Friday, August 28, 2009

Non-English Speaking Mother Separated from Child: The Tragedy of Mixed-Status Families

Non-English Speaking Mother Separated from Child: The Tragedy of Mixed-Status Families

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9500 Liberty - A Remarkable Film About Immigration Reform

"[9500 Liberty] takes an indepth look at how the debate over immigration has played out in fast-growing and fast-changing Prince William County, Virginia, not far from us here in Washington, DC. And while it is about immigration and how our nation's people are changing, it is also an extraordinary look at how a community comes together - or sometimes doesn't - to tackle common challenges." ~Simon Rosenberg President and founder of NDN

More Empty Rhetoric of "Change"

Janet Napolitano, Secretary of Homeland Security, stated Thursday that immigration is "a priority for both me and the president." Not to be a Doubting Thomas, but haven't we heard all of this before. Didn't we hear this same promise from President Obama when he was running for office.

Please correct me if I'm wrong, but I have a distinct recollection of then Senator Obama saying that immigration reform would be one of his top priorities in his first year in office. That promise was officially broken when the President pushed off comprehensive immigration reform to 2010.

The President's actions speak much more loudly to me than his, and his Cabinet's empty rhetoric. By pushing comprehensive immigration reform off to the mid-term elections the President has virtually guaranteed that there will be no immigration reform in his first four years in office, and may be the canary in the coal mine that is the signal that his first four years will be his last.

Obama ran on a platform that wooed Hispanic voters by promising that he would address their concerns, and that he would take action to ensure that our "broken" immigration laws would be fixed. What the President has done instead is to continue to vigorously enforce "broken" immigration laws without sympathy to the plight of millions of United States citizens who are directly affected by their enforcement. Shame on you Mr. President.

Mr. President, using your lofty rhetoric as a tool to placate those of us who have put our faith in "Change" is simply unacceptable. The time for action is now, and I openly reject your "wait until next year" strategy for comprehensive immigration reform.

Wednesday, August 26, 2009

Immigration advocates have lost an ally: Rest in peace Senator Kennedy.

Immigration advocates and immigrants alike have lost an ally in the fight for comprehensive immigration reform. Senator Ted Kennedy championed the cause of immigration as early as 1965 when he was given the task of pushing legislation to eliminate immigration quota systems.

His other accomplishments in the area of immigration reform include a Bill introduced in 1980 that established refugee resettlement, a 1986 Bill that brought 2.7 million immigrants out of the shadows providing them with legal status, a 1990 Bill that brought an influx of high-skilled workers to the United States, and most recently, co-sponsoring legislation with Senator McCain that attempted to overhaul our nation's broken immigration laws.

I have had the opportunity to deal personally with his office when he reached out to me in order to help the wife of a missing soldier in Iraq who was in jeopardy of being deported in 2007. Senator Kennedy's unsolicited assistance helped to bring legal status to a woman who was in the grips of mourning the loss of her husband. As a result of the assistance of Senator Kennedy my client was granted a green card and allowed to remain in the United States.

Needless to say Senator Kennedy will be missed by this immigration advocate.

Rest in peace Senator Kennedy.

Tuesday, August 25, 2009

Schakowsky on immigration raids: "This is just wrong"

From Rep. Jan Schakowsky's (D-IL) remarks at an August 24, 2009 press conference held in Chicago by the Illinois Coalition for Immigrant and Refugee Rights.

If you live in Rep. Schakowsky's District (The 9th Congressional District of Illinois) you should be thankful that you have a representative that appears to understand the issues, and is a supporter of comprehensive immigration reform.

If only President Obama would heed her words.

Monday, August 24, 2009

Sign Alonso's Petition, Stop His Deportation

Alianza Student Organization has featured a story about another DREAM Act-eligible student who is about to be deported, Alonso Chehade. Please take a moment to sign the petition to stop his deportation.

Thursday, August 20, 2009

Statement by Secretary Napolitano About Today's White House Meeting on Comprehensive Immigration Reform

Release Date: August 20, 2009

For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

“Today’s meeting on comprehensive immigration reform was an important opportunity to hear from stakeholders and build on the significant time I’ve spent on the Hill meeting with members of Congress on this critical subject. I look forward to working with President Obama, my colleagues in Congress and representatives from law enforcement, business, labor organizations, the interfaith community, advocacy groups and others as we work on this important issue.”

Declaraciones De La Secretaria De Seguridad Nacional Janet Napolitano Sobre La Reunión Sobre La Reforma Integral De La Inmigración

“La reunión de hoy sobre la reforma integral de la inmigración fue una oportunidad importante para escuchar a las partes interesadas y sumar al tiempo significativo que he pasado en el Capitolio reunida con miembros del Congreso sobre este importante tema. Anticipo con entusiasmo trabajar con el Presidente Obama, mis colegas del Congreso y los representantes de las agencias de la ley, empresas, sindicatos, grupos religiosos, grupos que abogan por la comunidad, y otros a medida que trabajamos sobre este importante asunto.”

Participants in Today’s Meeting:

AFL CIO, Paul Almeida
AFL CIO, Ana Avendano
AFL CIO, Arlene Baker
Agriculture Coalition for Immigration Reform, Monte Lake
American Civil Liberties Union, Chris Calabrese
America’s Voice, Frank Sharry
American Farm Bureau, Ron Gaskill
American Federation of Government Employees, AFL-CIO, T.J. Donner
American Federation of State, County and Municipal Employees, Paul Booth
American Immigration Lawyers Association, Crystal Williams
American Jewish Committee, Chelsea Hanson
American Meat Institute, J. Patrick Boyle
Arizona Latino Commission, Eve Nunez
Asian American Justice Center, Karen Narasaki
Associated General Contractors, Katherine Knott
Building and Construction Trades Department, AFL-CIO, Robert Pleasure
Casa de Maryland, Gustavo Andrade
Catholic Legal Immigration Network, Mark Franken
Cato Institute, Dan Griswold
Center for American Progress, Angela Kelley
Center for Community Change, Gabe Gonzalez
Change to Win, Anna Burger
Christians for Comprehensive Immigration Reform, Allison Johnson
Church World Service, Jen Smyers
Citigroup, Paul Thornell
Compete America, Rebecca Peters
Compete America, Bo Cooper
Esperanza USA, Mary Clark
Essential Worker Coalition, Laura Reiff
Federal Law Enforcement Officers Association, Jon Adler
Hebrew Immigrant Aid Society/Interfaith Immigration Coalition, Mark Hetfield
Hewlett Packard, Gina Bancroft
Immigration Equality, Julie Kruse
Immigration Policy Center, Mary Giovagnoli
Information Technology Industry Council, Dean Garfield
Intel, Ryan Triplette
Interfaith Worker Justice, Kristin Kumpf
International Brotherhood of Electrical Workers, Terry Yellig
International Brotherhood of Teamsters, John Coli
International Chiefs of Police, Russell Laine
International Federation of Professional & Technical Engineers, Paul Shearon
International Union of Bricklayers and Allied Craft workers, James Boland
Irish Apostolate, Geri Garvey
Jesuit Refugee Service, Shaina Aber
Laborers' International Union of North America, Bevin Albertani
League of United Latin American Citizens, Rosa Rosales
Legal Momentum, Lisalyn Raquel Jacobs
Lutheran Immigration and Refugee Services, Leslie Velez
Major City Chiefs, Dean Keuter
McDonalds, Bo Bryant
Mennonite Central Committee, Tammy Alexander
Mexican American Legal Defense Fund, Dini Karasik
Microsoft, Bill Kamela
Migration Policy Institute, Marc Rosenblum
National Association of Asian Law Enforcement Commanders, John Lee
National Association of Evangelicals, Galen Carey
National Association of Homebuilders, Jenna Hamilton
National Association of Police Organizations, Andrea Mournighan
National Baptist Convention, Rev. L.B. West
National Council of Jewish Women, Elissa Froman
National Council of La Raza, Clarissa Martinez
National Day Laborers Network, Chris Newman
National Electrical Contractors of America, John Grau
National Hispanic Christian Leadership Conference, Rev. Dr. Angel Nunez
National Immigration Forum, Jeanne Butterfield
National Immigration Forum, Ali Noorani
National Immigration Law Center, Marielena Hincapie
National Korean American Service & Educational Consortium, Eun Sook Lee
National Latino Peace Officers Association, Arturo Venegas
National League of Cities, Ricardo Gambetta
National Restaurant Association, Beth Johnson
National Sheriffs Association, Ann Yom
National Urban League, Valerie Wilson
New Democratic Network, Simon Rosenberg
Oracle, Dejan Pavlovic
PICO National Network, Jared Rivera
Police Executive Research Foundation, Chuck Wexler
Police Foundation, Hubert Williams
Presbyterian Church USA, Julia Thorne
Rights Working Group, Jumana Musa
Service Employees International Union, Eliseo Medina
Sheet Metal Workers International Association, Marc Norberg
Sisters of Mercy, Regina McKillip
Society for Human Resource Management, Mike Aitken
Sojourners, Rev. Jim Wallis
South Asian American Leading Together, Deepa Iyer
Southeast Asia Resource Action Center, Helly Lee
Tech America, Jeff Lande
Tyson, Nora Venegas
U.S. Chamber of Commerce, Angelo Amador
U.S. Conference of Catholic Bishops, Ryan Dwyer
U.S. Hispanic Chamber of Commerce, David Ferreira
UNITE HERE, Brenda Carter
United Farm Workers, Arturo Rodriguez
United Food and Commercial Workers, Joe Hansen
University of Texas, Dr. Ray Marshall
Wal-Mart, Adam Hemphill
World Relief, Jenny Hwang


White House Domestic Policy Council, Melody Barnes
White House Domestic Policy Council, Heather Higginbottom
White House National Economic Council, James Kvaal
White House Office of Public Engagement, Tina Tchen
White House Office of Public Engagement, Buffy Wicks
Department of Homeland Security, Marco Lopez
Department of Homeland Security, David Martin
Department of Homeland Security, Alejandro Mayorkas
Department of Homeland Security, John Morton
Department of Homeland Security, Esther Olavarria
Department of Justice, Juan Osuna


The Yearbook of Immigration Statistics

The Department of Homeland Security has just released The Yearbook of Immigration Statistics which contains data on foreign nationals who, during the last fiscal year, were granted lawful permanent residence (their Green Card), were admitted into the United States on a temporary basis, applied for asylum or refugee status, or who became United States citizens. The Yearbook also contains statistical information on immigration enforcement, which includes data on individuals taken into custody, numbers of individuals deported, and criminal prosecutions for violation of United States immigration and criminal laws.

In addition to the Yearbook, the Office of Immigration Statistics released Annual Flow Reports and Annual Reports that provide text, tables, and charts on legal permanent residents, refugees and asylees, nonimmigrant admissions, naturalizations, and enforcement actions.

The Yearbook of Immigration Statistics and the Office of Immigration Statistics Annual Reports may be viewed here.

Tuesday, August 18, 2009

Political Packrat: Why Is DHS Deporting Herta Llusho?

Political Packrat: Why Is DHS Deporting Herta Llusho?

Another DREAMer to be Deported: Save Herta is requesting that people call the following two numbers:

1: Call LaSal Austin, director of the local DHS in Michigan, at 313-259-8562. Demand that he take legislators’ leads and take immediate action to defer the deportation of Herta Llusho.

2: Call Janet Napolitano, Secretary of DHS, at the comment line 202-732-3000 . Demand that she contact Mr. Austin in the local DHS office and take immediate action to defer Herta’s deportation.

Deportation Proceedings Terminated: Client Permitted to Enter the U.S.

Our client is a Canadian citizen. In 2004 he was admitted to the United States as a visitor without any documents being issued to him. He remained in the United States for two years, worked without authorization, and then returned to Canada.

Thereafter, he attempted to return to the United States, but was denied entry on the basis that he was unlawfully present in the United States for one year or more, and as a result, was inadmissible for a period of ten years. He was told to apply for a nonimmigrant waiver of inadmissibility, which if granted in the exercise of U.S. Customs and Border Protection’s discretion, would enable him to enter the United States if he was otherwise admissible.

At this point the client retained our office. After carefully reviewing all of the facts and circumstances, we took the position that a Canadian admissible to the United States, who has not been given a formal document indicating when he was expected to leave, was not inadmissible for unlawful presence. We also took the position that employment without authorization during a prior admission to the United States is not a ground of inadmissibility to future admissions, so long as there is no intention to violate the immigration laws in the future.

U.S. Customs and Border Protection disagreed with our interpretation of the law, which was based upon old Immigration and Naturalization Memos, because USCBP felt that they were not bound by informal positions of the former agency. As a result, we had an Immigration Court proceeding instituted to obtain a court order finding our client admissible to the United States.

Three weeks before trial, U.S. Citizenship and Immigration Services (USCIS), which is another sub-agency under the Department of Homeland Security, issued a new Memo reaffirming the old INS policy. As a result, the attorneys for the Department of Homeland Security agreed with our position and were willing to stipulate that our client was admissible to the United States.

Notwithstanding the fact that the Immigration Judge disagreed with our position, based upon our exhibits and Memorandums of Law submitted, and the fact that there was no disagreement between the parties, we obtained an order terminating the proceedings with prejudice to the Department of Homeland Security. Our client is now able to apply for admission to the United States notwithstanding his previous overstay.

Thursday, August 13, 2009

Deportation Prevented, Waiver Approved, Client now Allowed to Enter the United States

Our client is a native of India and citizen of Canada. He is married to a Canadian citizen and has two Canadian citizen children. He is the owner and operator of a successful fast food franchise.

Sixteen years ago he was admitted to the United States using a photo-substituted passport. Thereafter, he came to the attention of the immigration authorities. We represented him in the Immigration Court proceeding and obtained a grant of Voluntary Departure on his behalf, and obtained extensions until he became landed in Canada five years ago.

Our client is inadmissible to the United States for life because of his entry fraud and for 10 years from the date he departed for unlawful presence. As a result, our client needs a waiver to enter the United States as a visitor for both business and pleasure.

We prepared an application for a nonimmigrant waiver of inadmissibility, submitted our legal brief in support of the application, as well as documentation showing his acceptance of responsibility for his actions, his rehabilitation, and that there would be no risk of harm to the United States if he were admitted.

The application was approved by the Admissibility Review Office located in Hearndon, Virginia, which is part of U. S. Customs and Border Protection, a sub-agency of the Department of Homeland Security. Our client is now eligible to come to the United States temporarily to conduct business, or as a tourist.

A National Dialogue on the Quadrennial Homeland Security Review

Wednesday, August 12, 2009

Atlanta Police Chief joins immigration debate

Obama Pushes off Immigration Reform, Napolitano Continues Bush Enforcement First Policies

With President Obama breaking his campaign promise to address comprehensive immigration reform in his first year office Janet Napolitano is left with no other option but to continue the Bush administration policies of enforcement first. The New York Times has reported that Napolitano intends to take a "tough stance on enforcing current [broken] immigration laws". What she failed to mention is that the enforcement that she intends to oversee involves targeting United States citizens employers who ironically are not in violation of the United States immigration law that she is enforcing.

Napolitano was transparently attempted to separate herself from the previous administration's immigration stance stating that the Obama administration's approach is "more strategic, more cooperative, more multilateral and, in the long run, more effective.”

The reality is that Obama's immigration policy is to target United States employers, which is no immigration policy at all. Moreover, what sense does it make to be vigorously enforcing, or not enforcing as the case may be, laws that in the President's own words are "broken". How is it even possible to effectively enforce laws that by your own admission don't work.

As an immigration practitioner I can not begin to tell you how disappointing President Obama is on the issue of immigration reform. Obama has pulled the classic bait and switch that is inherent to Washington 's politics as usual, which is even more disappointing coming from a man who promised change we can believe in. I'm not believing it Mr. President, and neither are the tens of thousands of Hispanics who voted you into office.

Tuesday, August 11, 2009

Deportation Prevented, Client May Now Apply For Green Card

After almost five years of contested litigation, deportation proceedings have been terminated in our client's favor enabling him to apply for adjustment of status with Citizenship and Immigration Services.

Immigration Court proceedings were instituted against our client in 2004. He was charged with being removable as an alien who was present in the United States without being admitted or paroled.

At a preliminary hearing we advised the Court that our client is the beneficiary of an approved Form I-130, Petition for Alien Relative, filed by his lawful permanent resident spouse. His wife’s petition was filed on April 23, 2001, grandfathering him under the former provisions contained in INA §245(i) that allow individuals to pay a penalty fee to cure minor immigration violations enabling them to apply for their Green Cards inside the United States. Our client’s priority date is current and there is a visa available for him. We then filed our client’s Form I-485, Application to Adjust Status (Green Card application), together with Form I-485, Supplement A penalty fee with the Immigration Court in Buffalo, New York.

Unfortunately, during the course of Immigration Court proceedings our client was criminally charged with violating 8 U.S.C. §1324(a)(3)(A), relating to the hiring of unauthorized aliens for employment. Our client’s case was administratively closed by motion of the Department pending the disposition of the criminal case before the U.S. District Court for the Northern District of New York.

After the case was administratively closed our client entered a plea of guilty, and was sentenced to a term of imprisonment of 12 months and 1 day. We advised our client’s criminal defense counsel with regards to his plea of guilty that his plea would be acceptable from an immigration perspective because we do not believe that a conviction under 8 U.S.C. §1324(a)(3)(A) is an aggravated felony, nor a crime involving moral turpitude that would have any adverse immigration consequences.

While serving his term of imprisonment in Pennsylvania, the government moved the Court in Buffalo to reopen our client’s case, and change venue to the Immigration Court in Pennsylvania. We opposed the Government’s motion for change of venue, arguing that the Department did not allege that our client’s criminal conviction had any adverse immigration consequences, nor did it file additional charges of removability, or cite any precedent that a conviction under 8 U.S.C. §1324(a)(3)(A) rendered our client deportable, or in any way precluded him from requesting affirmative relief from removal in the form of adjustment of status. The Court in Buffalo agreed with our argument and denied the Government’s motion for reopening, and change of venue.

Our client then completed his term of imprisonment, and an immigration hold was placed on him. The Department again moved the Court to reopen and change venue to the Court in Pennsylvania, but again failed to launch any additional immigration charges against or client or allege that our client was ineligible to apply for his Green Card. We again opposed the motion for change of venue. The Court in Buffalo again denied the Department’s motion, and scheduled him for a new court hearing.

Our client was then transported from the detention facility in York, Pennsylvania to the Buffalo Detention facility located in Batavia, New York. Upon transfer we immediately made a request for a custody redetermination hearing. We successfully argued that our client was not subject to the mandatory detention provisions contained in INA §236(c), and that he remained eligible for adjustment of status as affirmative relief from removal, obtaining our client’s release from custody on bond.

Our next action was to move the Court to conditionally terminate proceedings against our client to enable him to apply for adjustment of status with CIS because his criminal conviction has no adverse immigration consequences, and he remained eligible to adjust his status. In response to our motion the Department conceded that our client was not deportable under any criminal ground of removability, and did not oppose our motion to conditionally terminate proceedings.

The Immigration Court in Buffalo, New York signed the order this morning terminating deportation proceedings against our client. He may now apply for his Green Card with Citizenship and Immigration Services, and his immigration ordeal will soon be over with.

Obama on Immigration Reform in 2010

Monday, August 10, 2009

New GOP Immigration Champion

The Wall Street Journal has reported that Sen. Lindsey Graham (R. - S.C.) intends to help push for passage of a comprehensive immigration overhaul this year. It appears that the immigration torch has finally been passed in the Republican Party from Senator McCain, which is no surprise as McCain sharply backed away from the issue during his Presidential campaign when he was seeking the nomination from his party.

It is being reported by the WSJ that Senator Graham will be working closely with Senator Schumer (D., N.Y.) to craft bipartisan legislation addressing comprehensive immigration reform to be introduced by year's end that will include provisions for a path to legalization.

I personally was very impressed with Senator Graham during the Sotomayor confirmation hearings. I thought he was fair, yet critical of Justice Sotomayor, and ultimately voted for her confirmation.

We can only hope that this is the first step in a successful path towards meaningful comprehensive immigration reform.


This video is from August 7. 2009 Children's Walk for Family Unity.

Obama: No Immigration Reform this Year.

As I predicted, President Obama stated last Friday while speaking to Hispanic reporters at the White House that there will be no attempt to address comprehensive immigration reform (CIR) this year, and that the issue will have to wait at least until next year. President Obama's immigration policies since his election are merely an extension of the Bush administration's enforcement first agenda, but only with a different twist: he is targeting United States citizen employers.

Obama campaigned on a promise to tackle comprehensive immigration reform in his first year in office, a promise that has officially been broken. This promise was used as a tool to attract the much needed Hispanic vote. Curiously, Obama rarely addresses the issue of immigration reform in the mainstream media, which tells me that his words to Hispanic reporters are only meant to placate the Hispanic voting segment who voted him into office.

Many immigration advocates do not believe that CIR will ever be addressed by this administration, and instead will be used as a carrot that will be dangled when the President is seeking reelection in 2012. It is incumbent on people like those of you reading this to contact your representatives in Congress and express the dire need to enact legislation that addresses comprehensive immigration reform.

Friday, August 7, 2009

Immigration Overhaul Includes End to Jailing Families at Hutto

"Immigration Overhaul Includes End to Jailing Families at Hutto

The Obama administration is preparing to announce an overhaul of immigration-related jailings. The changes include an end to the imprisonment of families at the T. Don Hutto Residential Center in Texas and a freeze on plans for three additional family detention jails. Federal monitors will be appointed to the nations twenty-three largest immigration jails, including those run by private companies. American Civil Liberties Union attorney Vanita Gupta welcomed the news on the Hutto jail, calling it long overdue. But she said, Without independently enforceable standards, a reduction in beds, or basic due process before people are locked up, it is hard to see how the governments proposed overhaulis anything other than a reorganization or renaming of what was in place before."

In my experience the quality and professionalism that you may find in immigration detention facilities throughout the United States varies greatly. I have the most experience dealing with the Buffalo Federal Detention Center in Batavia, N.Y., and since it opened I have not heard a single complaint from any of my clients who are being housed there with regards to the quality of the facility.

That being said, the detention facility in Batavia may be the exception, and not the rule. It is good news that this issue is finally being addressed, and we can only hope that systemic changes are implemented for the better.

Thursday, August 6, 2009

Police Officer's Widow Faces Possible Deportation

In a case that is unfortunately reminiscent of a case I previously handled involving the widow of Army Spec. Alex Jimenez who went missing in Iraq in 2007, U.S. Citizenship and Immigration Services is about to deport the window of a police officer who was killed on his way home from protecting and serving the people of the Bay Area.

Dorota Lamoree, a newlywed, was married to her husband David Lamoree three weeks prior to his untimely passing. Shortly thereafter, while dealing with the grieving process, U.S. Immigration Services informed her that she had to leave the country and if she doesn't that she could be deported at any time.

Her late husband's family has indicated that they support her attempts to remain in the United States, and the family has sought Congressional intervention. Senator Dianne Feinstein, as well as other members of Congress are aware of the problem. We can only hope that they act swiftly to correct this injustice.

Click here for news story.

Fundamentals of Immigration Law

Fundamentals of Immigration Law
Charles A. Wiegand, III, Immigration Judge, Oakdale, Louisiana; Revised February 9, 2009, Brigette Frantz, Attorney Advisor, Emmett Soper, Attorney Advisor, Falls Church, Virginia. Immigration Judge Benchbook, USDOJ, EOIR. [372 pages, 1.3MB.]

Wednesday, August 5, 2009

Citizen Says Feds Want to Deport Him

"A man who has been jailed as an illegal immigrant since 2008 sued the Department of Homeland Security in Federal Court, demanding documents that he says prove he is a U.S. citizen. Clerde Pierre says DHS has wrongfully imprisoned him at the Franklin County Jail in Greenfield, Mass., and is trying to deport him to Haiti.

Pierre says that if DHS and its creature, the U.S. Citizenship and Immigration Services, respond properly to his May 29 Freedom of Information Act request, several documents will prove his citizenship, get him out of jail, and prevent his deportation." Courthouse News Service

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Tuesday, August 4, 2009

U.S. Immigration Policy Report

Speakers: Jeb Bush, President, Jeb Bush and Associates, LLC; Former Governor of Florida; Task Force Co-Chair, Thomas F. McLarty III, President, McLarty Associates; Former White House Chief of Staff, Task Force Co-Chair, Edward Alden, Bernard L. Schwartz Senior Fellow, Council on Foreign Relations, Task Force Director. Presider: Mark Whitaker, Senior Vice President and Washington Bureau Chief, NBC News

Monday, August 3, 2009

"New" BIA Member: John H. Guendelsberger

"Attorney General Eric H. Holder, Jr., announced today the appointment John H. Guendelsberger as a new member of the Board of Immigration Appeals (BIA). ...Mr. Guendelsberger has served as senior counsel to BIA’s board chairman since October 2003. During this time, from May 2007 to July 2009, he has served as a temporary board member. He previously served as a board member from September 1995 to October 2003." USDOJ, Aug. 3, 2009.

Litigation Clearinghouse Volume 4, Issue 9

"This issue covers two class actions, one seeking to recover TPS fees and the other involving the Child Status Protection Act; upcoming BIA argument on Matter of Perez Vargas (IJ's jurisdiction to apply INA § 204(j)); a decision on the consular nonreviewability doctrine; and a court order compelling DOL to adjudicate a PERM application." -American Immigration Law Foundation

Litigation Clearinghouse Volume 4, Issue 9, August 3, 2009

Exiled In America

Five siblings struggle to support their American livelihoods after their mother is deported to Mexico.

Five Year Nonimmigrant Waiver of Inadmissibility Granted

Our client is a Canadian citizen. He is in the music business in the United States , and has been granted nonimmigrant status by U. S. Citizenship and Immigration Services as having extra-ordinary ability in the arts. Unfortunately, he is inadmissible to the United States for life due to a misrepresentation of his purposes for entering eight years ago which resulted in the issuance of an Expedited Removal Order.

The life of the Expedited Removal Order is five years, which has now expired. The underlying misrepresentation ground outlives the Order, and he must obtain a waiver of inadmissibility from U. S. Customs and Border Protection in order to be able to enter the United States to avail him-self of the status granted to him by U. S. Citizenship and Immigration Services.

We submitted a voluminous and comprehensive waiver application package for him. Because of a business related emergent need to be in the United States , we requested expeditious adjudication after the waiver application was submitted. The waiver was immediately approved for a period of five years authorizing multiple entries. This is the second five year waiver we have obtained for this client.