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AILA's Next CLE Is...

...the California Chapters Conference, Nov. 12-14 in Marina del Rey. The program covers a multitude of immigration law topics and those of interest to practitioners in California. Special panel on Bias and Substance Abuse on Thursday and lunch session Friday on law practice management and technology.

 

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Make Kurzban's Your Law Partner!

The new edition of Kurzban’s Immigration Law Sourcebook is flying off the shelves. Over 8,000 copies have already been sold. Place your order today for the reference used and quoted by government officials!

Attention New Members! Get Easier Access to Needed Resources

New Members have a comprehensive, yet streamlined portal to access all the benefits of AILA membership, including practice resources, research strategies, and other resources to get the most out of your membership. Visit the revised New Member Division section today!

Message Center Archives Now Available!

Tell Us About It! In response to AILA member requests, archives of the old AILA Message Center are now available. The complete archives are available on a flash drive and include 37,898 threads with 95,021 posts in 60 different forums dating from January 2001 to January 2006. Order yours today!

Recent Postings

  • 11/6/2009 Get Service Center Updates and Network with Your Colleagues at the California Chapters Conference!
    The 22nd Annual California Chapters CLE Conference will be held November 12-14 at the Marriott Marina del Rey in Marina del Rey, CA. Early-bird registration rate has been extended through onsite registration. Register today and build your professional network. AILA Doc. No. 09110673.
  • 11/6/2009 CIS Ombudsman Offers Pathway to Resolve Pending Derivative I-485s Due to File Separation (Updated 11/6/09) (.pdf 30 KB) The CIS Ombudsman's Office offers an option for attempting to resolve the issue of a pending Adjustment of Status (I-485) Application for a derivative beneficiary where the file has apparently been separated from an approved principal beneficiary's casefile. AILA Doc. No. 09101462.
  • 11/6/2009 ARB Finds ALJ Abused Discretion for Dismissal Based on RSOL Failure to Attend Hearing (.pdf 84 KB) ARB found ALJ abused his discretion in dismissing claim based on RSOL’s failure to attend hearing. ARB distinguished cases where a party is held responsible for counsel deficiencies because here the RSOL was the prosecuting party. Administrator, Wage and Hour Div., Employment Standards Adm., USDOL v. Siliconlinks, Inc. (ARB No. 09-131, 10/28/09). AILA Doc. No. 09110672.
  • 11/6/2009 AILA/SCOPS Liaison Q&As (11/04/09) (.pdf 44 KB) AILA’s Service Center Operations (SCOPS) Liaison Committee call with SCOPS on 11/04/09 covered the following issues: update on H-1B Count, return of TARP funds, and acceptance of concurrently filed I-360/I-485 packages after the reauthorization of the Religious Worker Program. AILA Doc. No. 09110671.
  • 11/6/2009 ICE Secure Communities MOA with the State Identification Bureau Template (.pdf 47 KB) 11/5/09, ICE released the template of the Secure Communities Memorandum of Agreement with the State Identification Bureau on the ICE FOIA Electronic Reading Room. The MOA on SC implementation sets forth the responsibilities of ICE and the participating SIB related to biometric interoperability. AILA Doc. No. 09110670.
  • 11/6/2009 2009 ICE Secure Communities Standard Operating Procedures (.pdf 103 KB) On 11/5/09, ICE released the 2009 ICE Secure Communities Standard Operating Procedures on the FOIA Electronic Reading Room. This document details processes that enable the routing of response messages to the FBI and State Identification Bureaus to confirm identity and immigration status during incarceration booking. AILA Doc. No. 09110669.
  • 11/6/2009 Practice Pointer: Comprehensive New Policy on DNA Testing
    The Rome District Chapter informs members of the Department of State's new comprehensive policy on DNA testing, which states that DNA technology is the only acceptable non-documentary method for proving a biological relationship. AILA Doc. No. 09110668.
  • 11/6/2009 USCIS Memo on Additions to AFM on the Adjudication of Form I-751 (.pdf 6538 KB) On 10/09/09, USCIS issued a memorandum providing guidance to USCIS Immigration Field Officers on the adjudication of Form I-751, Petition to Remove Conditions on Residence where the CPR has a final order of removal, is in removal proceedings, or has filed an unexcused untimely petition or multiple petitions. AILA Doc. No. 09110667.
  • 11/6/2009 ICE Fact Sheet on Alternatives to Detention for ICE Detainees (.pdf 40 KB) On 10/23/09, ICE released a fact sheet on alternatives to detention for ICE detainees. The fact sheet includes information regarding the Intensive Supervision Appearance Program, or ISAP, Enhanced Supervision/Reporting (ESR), and Electronic Monitoring (EM). AILA Doc. No. 09110666.
  • 11/6/2009 Adjustment of Status vs Consular Processing Web Seminar Recording
    This AILA Seminar recording is available for purchase; choose from immediate download or CD. The discussion addressed the nuances involved in the process of obtaining lawful permanent resident status, either through consular processing or adjustment of status in the United States. AILA Doc. No. 09081268.
  • 11/6/2009 ARB Affirms that Wage and Hour Determination is Prerequisite for ALJ Hearing (.pdf 104 KB) ARB affirmed finding that an investigation and determination by the Wage and Hour Division is a prerequisite for an ALJ hearing. The ARB upheld the finding that the authority to decide to investigate is discretionary and complainant could not appeal a decision not investigate H1-B allegations. Jain v. Empower IT, Inc. (ARB No. 08-077, 10/30/09). AILA Doc. No. 09110665.
  • 11/6/2009 AILA Liaison/USCIS Meeting Questions and Answers (10/27/09) (.pdf 231 KB) In the 10/27/09 meeting between AILA Liaison and USCIS HQ, responses are provided to questions regarding inappropriate RFEs, use of unpublished AAO decisions in adjudications, application of Matter of Treasure Craft, right to counsel during audits and site visits, quality control of civil surgeons, AAO jurisdiction and processing, and more. AILA Doc. No. 09110664.
  • 11/6/2009 Advance Copy of DHS Notice of Proposal to Establish 013 Alien Medical Records System of Records
    DHS issued an advance copy of a notice of a proposal to establish a new “013 Alien Medical Records System of Records.” This system maintains records that document the medical screening, examination, and treatment of aliens arrested and detained by ICE. The notice will be published in the Federal Register on 11/9/09. AILA Doc. No. 09110663.
  • 11/6/2009 USCIS Letter to Civil Surgeons on Revisions to Form I-693 and Changes to Medical Exam Requirements (.pdf 57 KB) On 11/1/09, USCIS issued a letter to civil surgeons explaining recent revisions to Form I-693, Report of Medical Examination and Vaccination Record, and changes to the tuberculosis testing requirement for adjustment of status applicants. AILA Doc. No. 09110662.
  • 11/6/2009 USCIS Update and Q&A: Revisions to Form I-693 and Changes to Medical Exam Requirements (.pdf 98 KB) On 11/1/09, USCIS issued an update and Q&A on the recent revisions to Form I-693, Report of Medical Examination and Vaccination Record, and changes to the tuberculosis testing requirement for adjustment of status applicants. AILA Doc. No. 09110661.
  • 11/6/2009 AILA’s Immigration This Week: November 5, 2009
    AILA’s Immigration This Week for November 5, 2009. AILA Doc. No. 09110660.
  • 11/5/2009 AILA's DOL Liaison Reports on CalJobs Outage (Updated 11/5/09)
    We have contacted both the DOL and the California EDD regarding the CalJobs outage and informed them of the huge impact on labor certification, H-2A, and H-2B cases if postings and/or printouts cannot be made. AILA Doc. No. 09110463.
  • 11/5/2009 An Open Letter To ICE Assistant Secretary John Morton
    AILA President-Elect David Leopold’s open letter to ICE Assistant Secretary John Morton on the case of the Mejia-Reyes family.
  • 11/5/2009 ICED OUT: How Immigration Enforcement Has Interfered with Workers’ Rights Report
    On 10/27/09, AFL-CIO, American Rights at Work and the National Employment Law Project issued a report titled ICED OUT: How Immigration Enforcement Has Interfered with Workers’ Rights. US Secretary of Labor Hilda L. Solis issued a statement regarding the report on 10/30/09. AILA Doc. No. 09110563.
  • 11/5/2009 AILA/CBP Practice Alert: INA § 221(g) Notices To Be Disclosed as “Visa Denials” For ESTA Registration (.pdf 50 KB) The AILA/CBP Liaison Committee offers members a Practice Alert, which informs practitioners that consular INA § 221(g) notices, including those for “Administrative Processing,” should be disclosed as “Visa Denials” for ESTA registration. AILA Doc. No. 09110565.
  • 11/5/2009 Litigation Clearinghouse Newsletter November 5, 2009 (Vol. 4, No. 12) (.pdf 189 KB) This issue highlights a case rejecting the CIMT analysis in Silva-Trevino, Supreme Court developments, adjustment of status for K-2 visa holders who turn 21, Track 3 FOIA litigation, motions to dismiss immigration cases in district court, and a settlement in a class action for passport applicants. AILA Doc. No. 09110562.
  • 11/5/2009 Are YOU smarter than a Fifth Grader, Mr. Rovell
    This last weekend, for the first time since 1982, an American won the NYC Marathon. Why is this an immigration issue? AILA Immediate Past President Charles Kuck blogs on CNBC sports commentator Darren Rovell’s remarks and what it means to be an American.
  • 11/5/2009 ICE Encourages Public Comments on 287(g) Program Candidate Questionnaire
    ICE will be submitting a collection request for review on the 287(g) program. Comments will be accepted until 1/4/10. Requests for a copy of the proposed information collection instrument, with instructions should be requested via email to: forms.ice@dhs.gov with “287(g) Program Candidate Questionnaire” in the subject line. (74 FR 57326, 11/5/09). AILA Doc. No. 09110561.
  • 11/5/2009 The Pulse: AILA’s Capitol Beat – November 11, 2009
    The 194th issue of the AILA Advocacy Department’s proactive advocacy briefing. In this issue, read about a report released last month by the Minnesota Business Immigration Coalition regarding the key role immigrants play in Minnesota’s economic future. Also, take action by telling your Members of Congress that you want CIR NOW! AILA Doc. No. 09110560.
  • 11/4/2009 Overcoming Barriers To Immigrant Representation: Exploring Solutions
    The Fordham Law Review has released several articles relating to representation of the immigrant poor in New York and the efforts of the Katzmann Study Group to document and promote pro bono representation. AILA Doc. No. 09110468.
  • 11/4/2009 BALCA Affirms Denial Finding Employer’s Statement Not Adequate Documentation of Advertisement Attestation (.pdf 88 KB) BALCA affirmed the CO’s denial, finding that the employer’s personal statement regarding the newspaper advertisements is not an adequate substitute for documentation to support the attestations made in a labor certification application. Matter of Phillip K. Rector, PhD, Licensed Psychologist, 2009-PER-00142 (10/28/09). AILA Doc. No. 09110467.
  • 11/4/2009 AAO Processing Times 11/01/09 (.pdf 281 KB) The AAO recently released its processing time report as of 11/01/09. AILA Doc. No. 09110466.
  • 11/4/2009 USCIS Memo Amends Adjudicator’s Field Manual on General Form I-140 Issues (.pdf 7594 KB) On 09/14/09, USCIS issued a memorandum amending the Adjudicator’s Field Manual (AFM) on Form I-140 Issues (AFM Update AD07-26). The memo includes guidance on the determination of whether a US employer falls within the definition of INA § 203(b)(1)(B) in connection with a EB-1 petition filed on behalf of an outstanding professor or researcher. AILA Doc. No. 09110465.
  • 11/4/2009 AILA Religious Worker Committee Seeks Comments for Upcoming Conference with the CIS Ombudsman’s Office
    The CIS Ombudsman Office, DHS, has opened an inquiry on USCIS policy and procedures regarding religious worker, immigrant and nonimmigrant programs. AILA Doc. No. 09110464.
  • 11/4/2009 AAO Finds Profession of “Computer Software Engineer” Does Not Require Specified Field of Study for Bachelor’s Degree (.pdf 300 KB) AAO sustained appeal, finding that the profession of a “Computer Software Engineer” requires at least a bachelor's degree, but that a degree in a specific field is not necessary according to the OOH, and that the alien's background included substantial experience in the related field. Decision courtesy of Ronald Matten. AILA Doc. No. 09110461.
  • 11/4/2009 USCIS Invitation to Collaboration Session on Form N-648 Draft (.pdf 244 KB) USCIS invites national stakeholders to a collaboration session on 11/13/09 to review a draft version of the revised Form N-648 (Medical Certification for Disability Exceptions) and accompanying instructions. AILA Doc. No. 09110462
  • 11/4/2009 Current Trends in Motions to Suppress Audio Seminar Recording
    This AILA Seminar recording is available for purchase; choose from immediate download or CD. The discussion addressed the how to coordinate and develop evidence, along with national efforts and trends in suppression motions. AILA Doc. No. 09081276.
  • 11/4/2009 IJ Finds it Proper to Adjudicate Motion to Terminate and Suppress on the Merits (.pdf 1090 KB) The IJ citing de Rodriguez-Echeverria v. Mukasey (9th Cir. 2008) found it proper to adjudicate respondent’s motion to terminate and suppress on the merits despite the Government’s contention that the federal courts are the appropriate forum for such arguments. AILA Doc. No. 09110460.
  • 11/3/2009 US Secretary of Labor Issues Statement on Immigration Enforcement and Workers’ Rights Report (.pdf 81 KB) On 10/30/09, US Secretary of Labor Hilda L. Solis issued a statement regarding the AFL-CIO and American Rights at Work report ICED OUT: How Immigration Enforcement Has Interfered with Workers’ Rights. AILA Doc. No. 09110368.
  • 11/3/2009 DHS and Tohono O’odham Nation Announce Agreement to Develop WHTI-Compliant Tribal Card (.pdf 53 KB) On 11/3/09, DHS and the Tohono O’odham Nation of Arizona formalized an agreement to develop a Western Hemisphere Travel Initiative (WHTI)-compliant Enhanced Tribal Card. AILA Doc. No. 09110366.
  • 11/3/2009 ICE Launches Campaign to Raise Public Awareness of Trafficking Victims
    ICE launched a PSA campaign to draw public attention to the plight of human-trafficking victims in the US that includes those who are sexually exploited or forced to work against their will. Anyone who knows or suspects that someone is being forced to work against their will should contact the ICE tip line anonymously at 866-DHS-2-ICE. AILA Doc. No. 09110365.
  • 11/3/2009 DHS Releases Privacy Office Annual Report to Congress (.pdf 1451 KB) The DHS Privacy Office released its annual report to Congress for the period between July 2008 and July 2009. The report’s scope includes FOIA and privacy programs under CBP, ICE, USCIS, and US-VISIT. Topics covered in the report include border searches of electronic devices, employment verification, visa waiver and WHTI. AILA Doc. No. 09110364.
  • 11/3/2009 New York Chapter: District Director Liaison Minutes (10/07/09) (.pdf 247 KB) New York Chapter USCIS Liaison Meeting on 10/07/09; Topics addressed include processes and procedures issues within the offices regarding INFOPASS appointments, current processing times, treatment of applicants with prior removal orders, N-400 and I-485 adjudications; further details on the meeting are included. AILA Doc. No. 09110350.
  • 11/3/2009 AAO Finds Occupation of “Market Research Analyst” Does Not Require Specified Field Study for Master’s Degree (.pdf 1492 KB) AAO sustains appeal, finding that the occupation of a “market research analyst” does not require specification of one or more fields of study for a Master’s degree. The AAO based its conclusion on OOH and O*Net to confirm that the offered position requires at least a bachelor’s degree and in some cases a Master’s. Decision courtesy of David Sindell. AILA Doc. No.09110363.
  • 11/3/2009 Immigration Legislation - Piecemeal or the Whole Enchilada
    AILA Immediate Past President Chuck Kuck blogs on the future of immigration reform.
  • 11/3/2009 Nov. 10: Mergers and Acquisitions–Impact on Employment-Based NIV and IV Cases (Audio Seminar)
    This seminar will address the impact of mergers and acquisitions on employment-based NIV and IV cases. Registration is open until 11:59pm, Monday, November 9. AILA Doc. No. 09081277.
  • 11/3/2009 USCIS Updates FY 2010 H-1B and H-2B Count (Updated 11/03/09)
    USCIS updated its count of FY 2010 cap-subject H-1B petitions and advanced degree cap-exempt petitions, as well as FY 2010 H-2B petitions received as of 10/25/2009. AILA Doc. No. 09042065.
  • 11/3/2009 City Bar Justice Center Report on NYC Know Your Rights Project at Varick Federal Detention Center (.pdf 92 KB) The City Bar Justice Center issued a report on the NYC Know Your Rights Project, a collaboration of the Center, the Legal Aid Society and the AILA NYC Chapter. The Project recruits, trains and coordinates pro bono attorneys to provide free legal advice and counseling to detainees at a weekly clinic at the Varick Federal Detention Center. AILA Doc. No. 09110362.
  • 11/3/2009 VSC Practice Pointer: L-1B to L-1A Conversion
    The VSC Liaison Committee informs practitioners of the appropriate steps to take when a beneficiary is converting from L-1B to L-1A classification. AILA Doc. No. 09110360.
  • 11/2/2009 Round-Up of Immigration Related Legislation (Sept-Oct 2009)
    A list of immigration-related legislation introduced into the House of Representatives and the Senate during September and October 2009. AILA Doc. No. 09110264.
  • 11/2/2009 BIA Finds Date of Plea Agreement Controls in Determining Eligibility for Former §212(c) Relief (.pdf 21 KB) BIA finds that in determining whether the alien is eligible for a waiver under former INA § 212(c), the date of the alien’s plea agreement, rather than the date of sentencing, is controlling. Matter of Moreno-Escobosa, 25 I&N Dec. 114 (BIA 2009). AILA Doc. No. 09110263.
  • 11/2/2009 White House Announcement on Final Rule to End HIV Travel Ban
    On 10/30/09, President Obama announced the elimination of the HIV entry ban at the signing of the Ryan White HIV/AIDS Treatment Extension Act of 2009. The President stated that on 11/2/09 his Administration will issue a final rule to repeal the ban. The final rule is effective on 1/4/10. AILA Doc. No. 09110262.
  • 11/2/2009 Updated USCIS Q & A on Petition Filed Within the Russian Federation to Classify Orphans as Immediate Relatives (.pdf 81 KB) On 3/30/09, USCIS assumed responsibility from DOS for adjudicating any Form I-600, Petition to Classify Orphan as an Immediate Relative, filed within the Russian Federation. On 10/28/09, USCIS issued an updated list of questions it recommends prospective adoptive parents and adoption service providers review to minimize the possibility of delay. AILA Doc. No. 0911261.
  • 11/2/2009 HHS Final Rule to Remove HIV Travel Ban
    On 11/2/09, HHS issued a final rule amending regulations to remove HIV from the definition of communicable disease of public health significance and remove references to HIV from the scope of examinations for aliens. Prior to this rule, aliens with HIV infection were inadmissible to the US. This final rule is effective 1/4/10. (74 FR 56547, 11/2/09). AILA Doc. No. 09103064
  • 10/30/2009 Legal Ethics in Immigration Matters (.pdf 194 KB) This Congressional Research Service report provides an overview of issues relating to the unauthorized practice of law and the laws and rules that may be used to deal with unethical conduct by lawyers and other representatives (notarios) or consultants in immigration matters. AILA Doc. No. 09103069.
  • 10/30/2009 Early-bird Rate Extended Through Onsite Registration at the California Chapters Conference!
    The 22nd Annual California Chapters CLE Conference will be held November 12-14 at the Marriott Marina del Rey in Marina del Rey, CA. The early-bird registration rate has been extended through onsite registration. AILA Doc. No. 09103066.
  • 10/30/2009 FAQ on New Law to End the Widow Penalty by Surviving Spouses Against Deportation
    On 10/29/09, Surviving Spouses Against Deportation (SSAD) issued a FAQ on the new law that contains a provision to end the widow penalty. Brent Renison, pro bono counsel for SSAD, is an AILA member. AILA Doc. No. 09103065.
  • 10/30/2009 USCIS Continues to Accept Prior Versions of G-28 (.pdf 74 KB) On 10/29/09 USCIS updated its website and instructs that although the revised G-28 notes that previous versions of the form will not be accepted, USCIS has decided to extend the grace period for accepting previous versions of Form G-28. In the interim, USCIS will not reject filings accompanied by older versions of the form until further notice. AILA Doc. No. 09103067.
  • 10/30/2009 Arizona Chapter – CBP Liaison Minutes (10/23/09) (.pdf 201 KB) Arizona Chapter notes from the meeting at CBP Tucson Sector Headquarters on 10/23/2009. During the presentation CBP discussed Border Patrol Search Star & Rescue (BORSTAR), Civil & Criminal Prosecution Programs, Civil Prosecutions, Quick Court Program, Checkpoints & Bonds. AILA Doc. No. 09103050.
  • 10/30/2009 USCIS Amends Immigration Regulations Relating to the Commonwealth of the Northern Mariana Islands (.pdf 29 KB) On 10/27/09, USCIS announced an interim final rule to revise the wording of certain immigration regulations and to implement provisions of the Consolidated Natural Resources Act of 2008 (CNRA) relating to the Commonwealth of the Northern Mariana Islands (CNMI). AILA Doc. No. 09103062.
  • 10/30/2009 November CLE: California Chapters and IBA Global Immigration Conferences; 5 Seminars
    The AILA November CLE schedule includes the 22nd Annual AILA California Chapters CLE Conference (Nov. 12-14 in Marina del Rey). AILA is also a supporter of the IBA Global Immigration Conference (Nov 19-20 in London). In addition, there are 4 audio seminars and 1 web seminar. AILA Doc. No. 09103061.
  • 10/30/2009 AILA’s Immigration This Week: October 29, 2009
    AILA’s Immigration This Week for October 29, 2009. AILA Doc. No. 09103060.
  • 10/29/2009 ABA Statement on ABA vs. Federal Trade Commission Ruling
    The American Bar Association (ABA) issued a statement on the federal district court ruling in ABA v. Federal Trade Commission. According to the ABA statement, the "court recognized that the FTC's interpretation of the Fair and Accurate Credit Transactions Act over-reaches and its application to lawyers is unreasonable." AILA Doc. No. 09102972.
  • 10/29/2009 AILA D.C. Chapter 2009 Fall Conference
    Sweeping the Clouds Away: On the Way to the Sunny Days of Immigration Practice
    November 16, 2009
    University of Maryland Shady Grove Conference Center
    Rockville, MD
    This event is being presented by AILA’s Washington D.C. Chapter. This event is not being organized by the AILA National Office.
  • 10/29/2009 USCIS Issues Public Charge Fact Sheet (.pdf 234 KB) USCIS issued a fact sheet for non-citizens about public charge determinations. An individual who is likely at any time to become a “public charge” is inadmissible to the U.S. and ineligible to become a legal permanent resident. Some non-citizens and their families are eligible for public benefits without being found to be a public charge. AILA Doc. No. 09102970.
  • 10/29/2009 DHS Transfers Federal Protective Service from ICE to NPPD (.pdf 243 KB) On 10/29/09, the DHS Secretary Janet Napolitano announced the transfer of the Federal Protective Service (FPS) from ICE to the National Protection and Programs Directorate (NPPD). FPS’ primary mission is to secure General Services Administration-owned and leased federal buildings. AILA Doc. No. 09102969.
  • 10/29/2009 Obama Signs FY10 DHS Spending Bill; Four Immigration-Related Programs Extended through 2012
    On 10/28/09, President Obama signed into law the FY10 Department of Homeland Security Appropriations bill (P.L.111-83). AILA Doc. No. 09102968.
  • 10/29/2009 USCIS Staffing Updates (10/2009) (.pdf 506 KB) USCIS provides a personnel update for the positions of Chief Counsel, Chief of the Office of Communications, and Chief of the Administrative Appeals Office. AILA Doc. No. 09102967.
  • 10/29/2009 Updates on PERM Audits, Religious Workers, H-1B and L-1 RFEs – and More!
    Recordings of AILA’s October Audio & Web Seminars are now available for purchase on CD or via immediate computer download. Topics covered include PERM Audits; Religious Workers; Advising H.R. Managers; Federal Court Litigation; Advanced Affidavit of Support Issues; and H-1B/L-1 RFEs. Listen from the convenience of your office, home, car or iPod! AILA Doc. No. 09102966.
  • 10/29/2009 ICE Releases Privacy Impact Assessment of IDOCX System (.pdf 416 KB) On 10/14/09, ICE released a Privacy Impact Assessment (PIA) of the IDOCX information system, which is owned by the ICE Office of Intelligence. The PIA includes information on the procedures for individuals to request access to records about them in IDOCX. AILA Doc. No. 09102965.
  • 10/29/2009 DOS Imposes Travel Restrictions to U.S. by Certain Members of Guinean Government and Military Junta (.pdf 295 KB) On 10/23/09, the U.S. imposed restrictions on travel to the U.S. by certain members of the government and military junta in Guinea, as well as other individuals who support policies or actions that "undermine the restoration of democracy and the rule of law in Guinea." AILA Doc. No. 09102964.
  • 10/29/2009 AILA Liaison/CBP Teleconference Minutes (9/29/09) (.pdf 1900 KB) The 9/29/09 teleconference meeting minutes address the Western Hemisphere Travel Initiative (WHTI), Waivers of Inadmissibility, DHS TRIP (Traveler Redress Inquiry Program), visa waiver and ESTA (Electronic System for Travel Authorization), changes in deferred inspection practice, and more. AILA Doc. No. 09102962.
  • 10/29/2009 Significant Savings Available During AILA Publications’ Year-End Clearance!
    AILA Publications is clearing its shelves to make way for the new releases coming in 2010. Here’s your opportunity to save up to 60% off the list price on a select group of titles from AILA Publications. The listed prices do not apply to previous or existing orders. This offer ends November 30, 2009. AILA Doc. No. 09102963.
  • 10/29/2009 CA6 Finds IJ Has Authority to Determine Frivolousness of a Time-Barred Asylum Application (.pdf 228 KB) The court finds that IJs have the authority to make a frivolousness finding in the context of a time-barred asylum application. The court denies the petition for review. (Ghazali v. Holder, 10/29/09). AILA Doc. No. 09102961.
  • 10/29/2009 BIA on Authority to Reopen Removal Proceedings Where USCIS Has Jurisdiction over Relief Request (.pdf 231 KB) BIA finds that it generally lacks authority to reopen final exclusion, deportation, or removal proceedings where an alien seeks to pursue relief over which neither the Board nor the IJ has jurisdiction. BIA denies respondent’s motion to reopen and further grants the DHS motion to reopen and terminate removal proceedings. (Matter of Yauri, 25 I&N Dec. 103 (BIA 2009). AILA Doc. No. 09102960.
  • 10/28/2009 The Pulse: AILA’s Capitol Beat – October 27, 2009
    The 193rd issue of the AILA Advocacy Department’s proactive advocacy briefing. In this issue, read about a new report from the Tahirih Justice Center titled "Precarious Protection: How Unsettled Policy and Current Laws Harm Women and Girls Fleeing Persecution." Also, take action by telling your Members of Congress that you want CIR NOW! AILA Doc. No. 09102865.
  • 10/28/2009 AILA Immigration Practice News (Oct 2009) (.pdf 1072 KB) A quarterly immigration practice management and ethics newsletter for all members published by AILA’s Ethics and Practice Management Committee. AILA Doc. No. 09102864.
  • 10/28/2009 AILA Board of Governors – Minutes from the October 3, 2009 Meeting (.pdf 85 KB) Minutes from the October 3, 2009 AILA Board of Governors Meeting in Pittsburgh, PA. AILA Doc. No. 09102863.
  • 10/28/2009 International Exchange Center Expands Trainee Designation to Include 6 New Occupations
    The International Exchange Center of the American Immigration Council (formerly AILF) has been approved by the Department of State to expand its trainee designation. The 6 new occupations in the trainee designation include Arts & Culture; Tourism; Social Sciences, Library Science, Non-clinical Counseling, and Social Services. AILA Doc. No. 09102862.
  • 10/28/2009 Get In The Line? What Line? The Tragic Tale of Employment Based Immigrant Visa Delays
    AILA Immediate Past President Chuck Kuck blogs on employment-based immigrant visa delays and the need for immigration reform.
  • 10/28/2009 DHS Estimates of the Legal Permanent Resident Population in 2008 (.pdf 531 KB) On 10/28/09, the DHS Office of Immigration Statistics released a report providing estimates of the legal permanent resident population and population eligible to naturalize as of January 2008. AILA Doc. No. 09102861.
  • 10/28/2009 DHS Notice of Proposed Rulemaking on Privacy Act Exemptions
    DHS is giving concurrent notice of an updated and reissued system of records pursuant to the Privacy Act of 1974 for the DHS/ALL-001 FOIA and Privacy Act Records System of Records and this proposed rulemaking. Some information in the System of Records relates to immigration. Comments must be received on or before 11/27/09. (74 FR 55482, 10/28/09). AILA Doc. No. 09102860.
  • 10/28/2009 DHS Interim Final Rule on the Application of Immigration Regulations to the Northern Mariana Islands
    DHS and the DOJ are implementing conforming amendments to their respective regulations to comply with the Consolidated Natural Resources Act of 2008, which extends the immigration laws of the U.S. to the Commonwealth of the Northern Mariana Islands (CNMI). Written comments must be submitted on or before 11/27/09. (74 FR 55725, 10/28/09). AILA Doc. No. 09102760.
  • 10/28/2009 PERM Audit Audio Seminar Recording
    This AILA Seminar recording is available for purchase; choose from immediate download or CD. The discussion addressed the PERM audit process and provided invaluable tips for successfully navigating your client through an audit. AILA Doc. No. 09081275.
  • 10/27/2009 CA7 Denies Petition for Attorney’s Fees in Immigration Case (.pdf 118 KB) CA7 denies petition for attorney’s fees and finds that the Government’s position in an immigration case was substantially justified (Potdar v. Holder, 10/27/09). AILA Doc. No. 09102765.
  • 10/27/2009 DOS Information Regarding Registration as a Castelano Class Member (.pdf 113 KB) On 08/14/09, the U.S. District Court for the Southern District of Texas approved the Settlement Agreement in Castelano, et al. v. Clinton, et al. This settlement may affect persons whose births were registered by a midwife or birth attendant in TX and who applied for a passport in the U.S. between 4/8/03 and 8/12/09, and did not receive a passport. AILA Doc. No. 09102764.
  • 10/27/2009 USCIS Public Naturalization Information Sessions
    On 10/27/09 USCIS updated its list of public naturalization information sessions. The list of upcoming sessions is available on the USCIS website. AILA Doc. No. 09102762.
  • 10/27/2009 USCIS Establishes Transitional Worker Program for the CNMI (.pdf 122 KB) USCIS posted an interim final rule in the Federal Register that creates a Transitional Worker visa classification in the Commonwealth of the Northern Mariana Islands (CNMI). A question and answer list follows the news release. AILA Doc. No. 09102761.
  • 10/27/2009 DHS Interim Rule on Northern Mariana Islands Transitional Worker Classification
    DHS issues an interim rule creating a new, temporary, Commonwealth of the Northern Mariana Islands (CNMI)-only transitional worker classification (CW classification) in accordance with title VII of the Consolidated Natural Resources Act of 2008 (CNRA). Written comments must be submitted on or before 10/27/09. (74 FR 55094, 10/27/09) AILA Doc. No. 09102661.
  • 10/26/2009 New Lower Hotel Rate for AILA's Midyear CLE - Save $76 or More Per Night!
    The AILA Midyear CLE Conference will be held Friday, January 29, 2010 in Puerto Vallarta. The Marriott Casamagna Puerto Vallarta Resort & Spa has lowered their room rates for the conference. Hotel rooms are now available for $149 for a single/double (down from $225) and $179 for a single/double with an ocean view (down from $265). AILA Doc. No. 09102668.
  • 10/26/2009 AILA/VSC Liaison Practice Pointer: Responding to “Small Company” RFEs
    The VSC Liaison Committee offers a practice pointer on how to respond to a small company RFE. AILA Doc. No. 09102667.
  • 10/26/2009 Arizona Chapter –USCIS Phoenix Liaison Meeting Minutes (09/04/09) (.pdf 111 KB) Arizona Chapter Liaison meeting minutes from 9/04/09. Some topics discussed included staffing issues, I-485, N-400 adjudications, RFE/NOID delays, I-130 appeals, Humanitarian Parole, Motions to Re-Open & Reconsider, INA §212(a)(9)(C) (“Permanent Bar”), NTAs for Acosta AOS denials, I-90 and I-601 adjudications, and asylum wait times. AILA Doc. No. 09102650.
  • 10/26/2009 EB-5 Investor Visas – Get the Latest Insights from AILA’s Sold-Out CLE!
    Audio recordings from AILA’s sold out EB-5 Investors Conference are available for purchase. Includes the latest law and procedure; basics of EB-5 visas, documentation tips, government agency policies/procedures; AAO precedent decisions; country-specific issues; removal of conditions; individual investors; regional centers; and ethical issues. AILA Doc. No. 09102666.
  • 10/26/2009 CBP NEXUS Enrollment Center to Open in Maine on 10/27/09 (.pdf 22 KB) Effective 10/27/09, CBP is opening a new NEXUS Enrollment Center in Calais, Maine. The hours of operation will be 8 a.m. – 4 p.m. Tuesdays, Wednesdays, and Thursdays. The NEXUS program allows pre-screened travelers faster processing by U.S. and Canadian officials at designated highway lanes at high volume border crossing locations. AILA Doc. No. 09102665.
  • 10/26/2009 AILA Information Technology and Knowledge Sharing Survey
    AILA would like to know how members are accessing and sharing knowledge. The results of this survey will be used as AILA reviews new potential services, to better meet your needs. Respondents who complete surveys by Oct. 9 will be entered into a random drawing – the winner will receive a scholarship of one-year 2010 national membership dues. AILA Doc. No. 09091059.
  • 10/26/2009 CBP Creates Electronic Reading Room to Increase Public Access to Documents (.pdf 23 KB) On 10/23/09, CBP launched an upgraded CBP Freedom of Information Act Electronic Reading Room designed to increase public access to agency records and documents. The site will feature records and documents formerly only available through FOIA request. AILA Doc. No. 09102663.
  • 10/26/2009 ICE Names New Leader of the Office of Investigations in New York City (.pdf 56 KB) ICE Assistant Secretary John Morton has named James T. Hayes Jr. as the special agent in charge of the ICE Office of Investigations in New York City. AILA Doc. No. 09102662.
  • 10/26/2009 Advanced Corporate Immigration Law Conference
    Issues for Attorneys, In-House Counsel and Human Resource Personnel
    November 4, 2009
    Seton Hall University Law School
    Newark, NJ
    Presented by the AILA New Jersey Chapter, in cooperation with NJSBA Immigration, Naturalization & Americanism. Please note that this event is not handled by AILA’s National Office.
  • 10/26/2009 Nov. 4: Everything You Want to Know About the J-1 Visa (Free Audio Seminar)
    Space for this free audio seminar has sold out! A waiting list has been started in the event we receive cancellations. Please contact Lois Magee for more information. The seminar is sponsored by the International Exchange Center at the American Immigration Council. AILA Doc. No. 09102664.