Articles on Immigration Law

Unaccompanied immigrant children: The problem By Alen Takhsh International and Immigration Law, November 2005 Cesare Pavese, the renowned Italian novelist and poet, once exclaimed that, “One stops being a child when one realizes that telling one’s trouble does not make it any better.”
When the client’s testimony goes beyond what the asylum application described: adverse credibility, or consistent support? By Shannon M. Shepherd International and Immigration Law, November 2005 The Seventh Circuit has added to its string of recent cases addressing the careful standards the Court expects all applicants, counselors, and Immigration Judges (IJ’s) to conform to when faced with a claim for asylum.
Immigration Consultation Corner: #1-Expedited removal consequences By Scott D. Pollock International and Immigration Law, September 2005 A U.S. citizen comes to see you about her husband, who was deported from the U.S. after attempting to enter on a false passport.
Case law report By Angela Peters International and Immigration Law, July 2005 The American court properly declined to return the children to the father in Sweden, where the court found under Article 13(b) of the Hague Convention on the Civil Aspects of International Child Abduction that returning the children would cause them grave risk of physical or psychological harm or otherwise place them in an intolerable situation.
Recent 7th Circuit cases pose warning to both Immigration Judges and practitioners: Do your homework! By Shannon M. Shepherd International and Immigration Law, July 2005 The 7th Circuit has been inundated with what Judge Richard A. Posner has called "misguided" opinions coming from the Immigration Judges ("IJs") in its district.
Asylum seekers to face hardships under new federal legislation By Sarah R. Weinman & David W. Austin International and Immigration Law, June 2005 The United States as the home of freedom has long been a place where individuals who feared for their lives because of political beliefs could find refuge.
Information about PERM applications By Scott D. Pollock International and Immigration Law, June 2005 A new process for Applications for Labor Certification went into effect on March 28, 2005.
Immigration law update By Alen Takhsh International and Immigration Law, May 2005 The U.S. Court of Appeals for the Seventh Circuit affirmed the order removing Luis F. Padilla to his native country of Mexico for giving a police officer false information following a traffic violation.
Making the rulemakers play by the rules: Admistrative decision making in the immigration arena By Patrick M. Kinnally International and Immigration Law, May 2005 Agencies within the executive branch of government, both on the state and federal level, generally implement statutes entrusted to their administration by the legislative branch either through administrative rulemaking (5 U.S.C. 553) or ad hoc adjudication (5 U.S.C. 554).
Asylum seekers to face hardships under new federal legislation By Sarah R. Weinman & David W. Austin Human and Civil Rights, March 2005 The United States, as the home of freedom, has long been a place where individuals who feared for their lives because of political beliefs could find refuge.
Conviction for DUI that results in bodily injury is not a crime of violence or aggravated felony warranting deportation under the Immigration Act By Pradip K. Sahu International and Immigration Law, March 2005 In November 9, 2004, the United States Supreme Court issued its decision in the case of Leocal v. Ashcroft.
Immigration law alert By Gabrielle M. Buckley International and Immigration Law, March 2005 The president signed into law legislation which reinstates certain H-1B requirements and adds certain fees and restrictions relating to H and L visa status.
USCIS age-out regulations held invalid in the Ninth Circuit By Pradip K. Sahu International and Immigration Law, January 2005 The Akhtar v. Burzynski decision may help many of our clients who entered the United States under a "V" visa and may allay some fears for those nearing age 21.
Illinois law provides new protections to non-citizen defendants By Attila Bogdan International and Immigration Law, December 2004 As many immigration practitioners know all too well, the consequences of a non-citizen's criminal conviction are very different from those of a United States citizen.
Adult child lacked diplomatic immunity By Edward Neufville, III International and Immigration Law, November 2004 The Fourth Circuit affirmed a decision that an adult child of a diplomat lacked diplomatic immunity and could be convicted for unlawful possession of a rifle.
The (bumpy) road to justice By Violeta I. Balan International and Immigration Law, November 2004 While I was dreaming of sailing around the world, traveling to Africa and racing a camel, my father spent his nights printing flyers on a homemade handpress.
Mexico v. United States of America: Case concerning Avena and other Mexican nationals (International Court of Justice, March 31, 2004) By Bradshaw Smith International and Immigration Law, November 2004 The case of Avena and other Mexican nationals is an attempt to define the duties and responsibilities of countries adopting the Vienna Convention on Consular Relations of 1963.
NSEERS and US-VISIT requirements for nonimmigrant visa holders By Scott D. Pollock & Maria Baldini-Potermin International and Immigration Law, November 2004 The terrorist attacks against the United States on September 11, 2001 ushered in the development of several new immigration security initiatives.
Midwest Immigrant & Human Rights Center International and Immigration Law, September 2004 Attorneys interested in pro bono cases: Following is our current list of cases in urgent need of pro bono representation.
The continuing evolution of immigration law to address issues of domestic violence By Cindy G. Buys International and Immigration Law, June 2004 Violence against women is present in every country, but it is even greater where women suffer more economic disadvantages.
New homeland security cargo regulation: An update on the 24-hour manifest rule By Mel Chavez International and Immigration Law, May 2004 As most of those who work closely in the field of international logistics are aware, the regulations concerning cargo security are continually being developed.
Hoffman Plastics and injured aliens By Patrick M. Kinnally International and Immigration Law, April 2004 Jose Castro was an undocumented worker from Mexico. He was hired by Hoffman Plastics Compounds, Inc. ("Hoffman") in 1988 to work at its facility which formulated chemical compouds for manufacturers. When Castro was hired, he used a birth certificate which belonged to a friend born in Texas.
Immigration issues for health care facilities seeking to hire foreign workers By Scott D. Pollock International and Immigration Law, March 2004 Hypothetical Case #1: Dr. Sam Mazdejadeh, a citizen of Iran, is completing his cardiology residency at a well-known teaching hospital. He has published several highly regarded papers on new techniques he developed in angioplasty; his research has been used and cited by other leading researchers.
PAIR with a great Web site equals less time at the computer By Shannon M. Shepherd International and Immigration Law, March 2004 As an attorney with a small firm who represents many clients from Asia for both immigration and international business issues, I am always looking for ways to cut down on research time and expense by utilizing the Internet.
Immigration law alert By Gabrielle M. Buckley International and Immigration Law, January 2004 The U.S. Department of Homeland Security ("DHS") is setting up a new electronic entry-exit system, called US-VISIT, that will collect and share information, including biometric identifiers, on visitors to the United States.
Case law update By Ellen Pauling International and Immigration Law, December 2003 Recent cases of interest
The legislature has acted: Aliens, guilty pleas and new admonitions in the criminal court (P.A. 93-0373) By Patrick M. Kinnally International and Immigration Law, September 2003 During the last 90 days, you have met several times with the prosecutor, Marlene Tims, concerning the felony drug possession charge for which your client, Porfirio, has been charged.
Permanent resident aliens may be detained prior to removal proceedings By Isaac J. Colunga International and Immigration Law, September 2003 Under the Immigration and Nationality Act, 8 U.S.C. § 1226, the Attorney General shall detain any alien who is removable from the United States where he has been convicted of a specified set of crimes.
So I’m an alien? I beg your pardon!—Why the Governor’s pardon may be required to avoid your client’s deportation from the United States (Part I) By Scott D. Pollock International and Immigration Law, September 2003 Immigration lawyers must sometimes go to Springfield or Chicago to ask the Governor, through the Illinois Prisoner Review Board, to issue executive clemency for even seemingly minor criminal offenses.
New Department of Homeland Security includes most immigration functions By Gabrielle M. Buckley International and Immigration Law, June 2003 On November 25, 2002, President Bush signed into law the Homeland Security Act of 2002, which created a new cabinet-level position and the new Department of Homeland Security (DHS).

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