Immigration Law Committee by ygs12945

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									                                                                               2009
                                                                               SPRING
       Immigration
      Law Committee
  Spring 2009 Newsletter




A PUBLICATION OF THE BOSTON BAR ASSOCIATION IMMIGRATION LAW COMMITTEE

                                                 SPRING                 2009
                  Message from the Co-Chairs


                                Paul Glickman will serve a
                                second term with the BBA
                                Immigration Law along with
                                incoming co-chair Mary Gilbert.
                                Thank you to our outgoing
                                co-chair Ellen S. Kief for her
                                dedicated work serving as co-
                                chair in 2007-2008 and 2008-
                                2009.



             Ellen S. Kief                                          Paul Glickman




      Inside this Issue
     Message from the Co-Chairs
     Page 2
     Greeting from Outgoing BBA Immigration Law Committee co-chair:
     Ellen Kief
     Page 3
     BBA Immigration Law Committee: Spring 2009 Highlights
     Page 3
     Calendar of Events
     Page 4
     Suggestions for Topics 2009-2010
     Page 5



    This newsletter was prepared by the leadership of the Immigration Law Committee and
    Committee member Miriam Ben-Ur.

2   SPRING         2009
Immigration Committee Co-chairs: Ellen S. Kief and Paul Glickman



Greeting from Outgoing BBA Immigration Law
Committee co-chair: Ellen Kief
Dear BBA Community:

Thank you for your friendly welcome. I am grateful for the opportunity to have served as the co-chair
of the Immigration Law Committee for the past two years. The people, programs and experience
are always exceptional. Members are encouraged to get involved by attending meetings, joining
steering committees, speaking on panels, legislative discussions, and pro bono activities.

Thanks to the BBA and our immigration committee we were able to offer educational programs
and outreach to the immigration community.

The vast resources, deep knowledge, and intersection between the committees make the BBA an
enriching legal community for all practice areas..

For the 2009-2010 term I will serve as the co-chair of the BBA Solo/Small Firm Section, joining Lori
Yarvis. We look forward to hearing from you about programs that will help enrich your solo/small
firm practice. I am always available at ekief@kieflaw.com, or call me at 617-482-0200. There are
many opportunities to get involved by way of; program suggestions; steering committee member;
guest panel speaker, or simply by joining our meetings.

We look forward to welcoming you at the BBA!

Very best wishes,
Ellen S. Kief




Spring 2009 Highlights
BBA Immigration Law Committee Has Successful Spring Program Series
The BBA Immigration Law Committee sponsored an informative series of programs in the Spring
2009 term under the leadership of co-chairs Ellen S. Kief and Paul Glickman. Highlights included
a CLE on PERM Filings in Today’s Economy Using Tomorrow’s Forms; Immigration Issues Facing
Mixed Status Families; The Raids in New Bedford; Waivers in the Context of Adjustment of Status;
Intersection Between Immigration and Family Law; Immigration Judges Panel; and Refugee Rou-
lette- Disparities in Asylum Adjudication.




                                                                         SPRING                     2009
    Immigration Committee Co-chairs: Ellen S. Kief and Paul Glickman



    Calendar of Events
    Spring 2009 Term in Review
    January 27, 2009                                          setts. Panelists included Laura Rotolo, Amer-
    PERM Filings in Today’s Economy Using                     ican Civil Liberties Union of Massachusetts,
    Tomorrow’s Forms                                          Bernard Bonn, Dechert LLP, Harvey Kaplan,
    The BBA Immigration Law Committee and                     Kaplan, O’Sullivan & Friedman, LLP, Ondine
    AILA’s New England Chapter jointly pre-                   Galvez Sniffin, Catholic Social Services of
    sented a CLE regarding expected changes                   Fall River, and Nancy Kelly, Greater Boston
    to PERM filings including a new Form ETA                   Legal Services. The attorneys explained
    9089 to be rolled out in 2009. Panelists El-              their litigation strategy and described the
    len S. Kief, Steven A. Clark, Sharryn E. Ross,            effect of the Massachusetts litigation on our
    Gary A. Pappas, and Robin D. O’Donoghue                   country’s immigration policy and practices.
    discussed strategies from case evaluation
    through recruitment through the process-                  March 30, 2009
    ing of the I-140. Topics included the role of             Waivers in the Context of Adjustment of
    counsel in recruitment, DOL audits aimed at               Status
    the law firm, filing PERM in the age of lay-                BBA members joined Laurie Riccio, Leslie
    offs and hiring freezes, USCIS challenges to              DiTrani, and Eoin Reilly to discuss waiv-
    educational credentials and the inevitable                ers in the context of adjustment of status
    questioning of the company’s ability to pay               cases. Topics presented included fraud, the
    during the current economic recession.                    3/10-year bar, intent upon entry, supporting
                                                              documentation, FBI/CORI reports, what de-
    February 26, 2009                                         fines a crime for immigration purposes, what
    Immigration Issues Facing Mixed Status                    defines a crime of moral turpitude, the petty
    Families                                                  offense exception, 2 or more offenses, and
    BBA members met with Anne Gillespie and                   how to follow up effectively after the adjust-
    Cristina Dacchille of the Medical-Legal Part-             ment interview.
    nership, and Halim Moris, Moris and O’Shea
    LLC, to discuss the evolving economic and                 April 14, 2009
    political challenges faced by mixed status                Intersection between Immigration and
    families in Boston. Issues covered included               Family Law
    obtaining accurate birth registration docu-               The BBA Immigration Law Committee joined
    ments, accessing public benefits, including                the Family Law Section to hear from panel-
    food stamps, cash assistance and health                   ists Howard A. Silverman, Ross, Silverman
    insurance, and responding to heightened                   & Levy, LLP, Justin G. Maiona, Maiona &
    risk and fear of detection and removal.                   Maiona, P.C., and Hang Nina Nguyen, Law
                                                              Office of Hang Nina Nguyen regarding the
    March 6, 2009                                             intersection between immigration and family
    The Raids in New Bedford                                  law. Moderators Theresa B. Ramos, Rosen-
    The BBA Immigration Law Committee joined                  berg, Freedman & Goldstein LLP, and Wendy
    the Senior Lawyers, Civil Rights & Civil Liber-           Hickey, Nissenbaum Law Offices, presented
    ties, New Lawyers, Labor & Employment Law,                a series of fact patterns that elicited discus-
    and the Delivery of Legal Services Sections               sion about some of the immigration issues
    to hear from the attorneys who jointly repre-             that family law attorneys need to be aware of
    sented the immigrant detainees who were                   and how to handle them when they do arise
    arrested in the March 2007 Immigration                    in a case.
    and Customs Enforcement raid of a leather
    goods factory in New Bedford, Massachu-


4       SPRING            2009
Immigration Committee Co-chairs: Ellen S. Kief and Paul Glickman


Calendar of Events                                      Suggestions for
(cont.)                                                 Topics
April 28, 2009                                          Are there any topics you would like to learn
Immigration Judges Panel                                more about or suggest that your colleagues
BBA Immigration Law Committee members                   present? The BBA Immigration Law Committee
met at the John Adams Courthouse with                   welcomes suggestions for presentation topics
Immigration Judge Matthew J. D’Angelo and               or pro bono projects by practitioners in various
court administrator Robert Halpin of the Bos-           areas of immigration law.
ton Immigration Court for a panel discussion.
Questions were presented by moderators                  Send suggestions to the BBA Immigration
Susan Church, Demissie & Church, and Paul               Law Committee co-chairs, Paul Glickman,
M. Glickman.                                            at pmg@glickmanturley.com and Mar y
                                                        Gilbert at mgilbert@flynnclark.com with the
May 1, 2009                                             subject line: “BBA Immigration Committee:
Refugee Roulette: Disparities in Asylum                 Suggestions.”
Adjudication
BBA Immigration Law Committee members
met at the BBA to hear results of research
presented by Professors Andrew I. Schoen-
holtz and Philip G. Schrag, both of George-
town University Law Center, and Assistant
Professor Jaya Ramji-Nogales, Temple Uni-
versity Beasley School of Law to examine
data showing that the likelihood of winning
an asylum case depends in large measure
on which asylum officer or immigration judge
is randomly assigned to adjudicate a case.
The panelists discussed the degrees of dis-
parity among asylum officers deciding similar
cases at each of the nation’s eight regional
asylum offices. Revealed in the presentation
were the extent to which immigration judges
in the largest immigration courts differ with
each other in similar asylum cases, and the
correlations between those differences and
the genders and prior work experiences of
the judges. Also presented were the effects
of Attorney General Ashcroft’s “streamlining
reforms” on the adjudication of asylum ap-
peals at the Board of Immigration Appeals;
and the differences among and within U.S.
Courts of Appeals when they review asylum
decisions of the Board.




                                                                            SPRING                         2009

								
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