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Bender's Immigration Bulletin
Bender's Immigration Bulletin
Bender's Immigration Bulletin -- Immigration Law News

  • 5th Annual Immigration Law and Policy Conference
    "2008 and Beyond: Immigration Challenges the New Administration Will Confront; Georgetown University Law Center, Hart Auditorium, Tuesday, May 20, 2008; This conference offers law and policy analysis and discussion on cutting-edge immigration issues. Featured panelists will include high-ranking government officials, academics, advocates, and immigration experts."

  • Bush Signs CNMI Immigration Bill, Early Reaction Positive
    "United States President George Bush has signed into law Senate Bill 2739, which applies U.S. immigration law to the Commonwealth of the Northern Mariana Islands; and grants the Commonwealth a non-voting delegate to the U.S. House of Representatives. U.S. Rep. George Miller, who has sought reform of the Northern Marianas’ labor and immigration laws, said the new law will put an end to the old way of doing business which had led to the exploitation of guest workers and had stifled the local economy. Miller lashed at disgraced lobbyist Jack Abramoff and his allies in the former Republican-controlled Congress for blocking reform for over a decade." Pacific Magazine, May 9, 2008.

  • Detention In America
    "An investigation by Washington Post reporters Dana Priest and Amy Goldstein, joined by 60 Minutes correspondent Scott Pelley, uncovers the neglectful conditions and inadequate medical treatment in a U.S. government-run prison system that has caused the deaths of some detainees. The results of the months-long investigation will appear Sunday, May 11, in The Washington Post and on Sunday's 60 Minutes, 7 p.m. ET/PT." CBS, May 9, 2008.

  • Immigrant Detainees: A New Profit Center?
    "In this web exclusive video, NOW looks at how the private corrections industry is profiting when immigrants - including children - are held in detention centers awaiting deportation." May 9, 2008.

  • Juan Crow in Georgia
    "[Y]ounger children of the mostly immigrant Latinos in Georgia are learning and internalizing that they are different from white - and black - children not just because they have the wrong skin color but also because many of their parents lack the right papers. They are growing up in a racial and political climate in which Latinos' subordinate status in Georgia and in the Deep South bears more than a passing resemblance to that of African-Americans who were living under Jim Crow. Call it Juan Crow: the matrix of laws, social customs, economic institutions and symbolic systems enabling the physical and psychic isolation needed to control and exploit undocumented immigrants." Roberto Lovato, May 8, 2008.

  • Keep Admitting Immigrants, Governor Tells N.C. Community Colleges
    "A day after the state attorney general’s office advised North Carolina community colleges to drop their policy of admitting illegal immigrants who meet other eligibility criteria, the state’s governor is urging colleges to continue admitting immigrants, according to The News & Observer. The earlier advice, in a letter to the system’s general counsel, suggested that the policy conflicted with federal law, but Gov. Michael F. Easley, a Democrat, said in a written statement today that federal law on the issue was not settled. He added that he was asking the attorney general to seek clarification from Washington on whether illegal immigrants were eligible to attend community colleges." Chronicle of Higher Education, May 8, 2008.

  • Matter of A-S-B-, 24 I&N Dec. 493 (BIA 2008) Interim Decision #3608
    Matter of A-S-B-, 24 I&N Dec. 493 (BIA 2008) Interim Decision #3608: (1) Under 8 C.F.R. § 1003.1(d)(3) (2008), the Board of Immigration Appeals should defer to the factual findings of an Immigration Judge, unless they are clearly erroneous, but it retains independent judgment and discretion, subject to applicable governing standards, regarding pure questions of law and the application of a particular standard of law to those facts. (2) In determining whether established facts are sufficient to meet a legal standard, such as “well- founded fear,” the Board has the authority to weigh the evidence in a manner different from that accorded by the Immigration Judge, or to conclude that the foundation for the Immigration Judge’s legal conclusions was insufficient or otherwise not supported by the evidence of record.

  • Matter of V-K-, 24 I&N Dec. 500 (BIA 2008) Interim Decision #3609
    Matter of V-K-, 24 I&N Dec. 500 (BIA 2008) Interim Decision #3609: The Board of Immigration Appeals reviews de novo an Immigration Judge’s prediction or finding regarding the likelihood that an alien will be tortured, because it relates to whether the ultimate statutory requirement for establishing eligibility for relief from removal has been met and is therefore a mixed question of law and fact, or a question of judgment.

  • Olivas responds to N.C. AG on community college issue
    ImmigrationProf Blog, with links to Olivas letter, news. May 8, 2008.

  • ONLINE FOREIGN DEGREE EQUIVALENCY DATABASE
    "Attorneys are reporting that the Administrative Appeals Office (AAO), and the USCIS Nebraska and Texas Service Centers are issuing RFEs in EB2 and EB3 I-140 cases that challenge or question the equivalency of the beneficiary's degree to the U.S. degree required in the petitioner's approved labor certification based on an online foreign degree equivalency database known as the AACRAO EDGE database." BIB Daily Edition, May 8, 2008.

  • Proposed TN Rule: Period of Admission and Stay for Canadian and Mexican Citizens Engaged in Professional Business Activities - TN Nonimmigrants
    "This rule proposes to increase the maximum allowable period of admission for TN nonimmigrants from one year to three years, and allow otherwise eligible TN nonimmigrants to be granted an extension of stay in increments of up to three years instead of the current maximum of one year." Federal Register / Vol. 73, No. 91 / Friday, May 9, 2008.

  • RECOMMENDATION FROM THE CIS OMBUDSMAN TO USCIS
    April 8, 2008: Recommendation that USCIS clarify its refund of fees procedures and revise the Adjudicator’s Field Manual, Section 10.10 “Refund of Fees”

  • Release of Tax Year 2007 DECOR Letters
    "In an effort to ensure that workers have an opportunity to correct any discrepancies in their earnings records, SSA has issued letters since 1979 to all employees whose name and SSN could not be matched. These letters are called Decentralized Correspondence, or DECOR letters. In these letters, SSA requests that employees contact SSA to correct their records." SSA, April 2008. [Note last para. re difference between DECOR and EDCOR ("no match") letters.]

  • Schrag Comments on Immigration Court Practice Manual
    "Professor Philip G. Schrag (Georgetown) has submitted comments on the proposed the new immigration court procedures in the Immigration Court Practice Manuel, specifically the requirement for advance filing of evidence and briefs for nondetained respondents of 30 days before an individual calendar hearing (and proposing a 10 day requirement)." [Link to comments, and nice photo of Phil!]

  • WaPo To Run Explosive Series On Immigrant Detention Program
    "The Washington Post is set to roll out a major investigative series by by prizewinning reporters Dana Priest and Amy Goldstein, this time centering on the hot-button issue of immigration. According to a source with knowledge of the Post's upcoming articles, Priest and Goldstein's work, which is set to appear in print this upcoming Sunday, will be "stronger" than earlier investigative stories." Sam Stein, May 8, 2008.


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