Is It Still A Federal Case? An Unintended Consequence of Arizona v. USA

By Gary Endelman Of all the unexpected consequences of Arizona v USA, perhaps the least likely is the potential reshaping of licensure regulations for the immigration bar. So long as the states did not seek to regulate immigration, lawyers licensed in one state could practice...

From Madison To Morton: Can Prosecutorial Discretion Trump State Action In Arizona v. USA?

By Gary Endelman and Cyrus D. Mehta Warning against the danger of faction in his famous Federalist Paper No. 10, James Madison sought to moderate the impact through the diffusion of power amongst the three branches of the federal government as well as between state and federal...

Justice Ginsburg’s Observation on Piepowder Courts in Vartelas v. Holder

By Gary Endelman and Cyrus D. Mehta In the recent landmark Supreme Court decision of Vartelas v. Holder, No. 10-1211, 565 U.S. ___, U.S. LEXIS 2540 (March 28, 2012), which partially restores the rights of lawful permanent residents (LPR) with pre-1996 convictions, Justice...

FLEUTI LIVES! The Restoration of a Constitutional Decision

By Gary Endelman and Cyrus D. Mehta There was a time when a lawful permanent resident (LPR) or green card holder had more rights than today. Prior to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), if an LPR with a criminal conviction travelled...

Will The Revised USCIS Q&A On Establishing The Employer-Employee Relationship In H-1B Petitions Save Staffing Companies?

By Gary Endelman and Cyrus D. Mehta Since the issuance of the January 8, 2010 guidance memorandum by Donald Neufeld, concerning the employer-employee relationship in H-1B petitions (Neufeld Memo), especially when an employer places an H-1B worker at a third party client site,...

Working H-4 Spouses Get to Take a Step Forward, But is it a Giant One?

By Gary Endelman and Cyrus Mehta Sometimes it takes a while for a sound idea to gain acceptance. Granting employment authorization to H-4 spouses is a good example. In late March 2010, the authors urged In The Tyranny of Priority Dates that this be done, with or without an...

The Answer Man: False Claims to Citizenship

By Gary Endelman Dear Answer Man: Here in Burlington, Vermont, we pride ourselves on being a center of expertise when it comes to U.S. immigration law. Having the Vermont Service Center as a good neighbor, we naturally take a keen interest in the subject and talk about it early...

Where Do We Go From Here: How Can We Improve the H-1B?

By Gary Endelman Now that the H-1B cap for FY 2012 has been reached as of November 22nd,  the question presents itself for our consideration: Where do we go from here? Are there ways to improve the H-1B? In an ideal world, the Congress would either raise the cap or abolish it...

Beware of What You Wish For: Is “The Fairness for High-Skilled Immigration Act” Really A Good Idea?

By Gary Endelman On October 28, 2011, the House Judiciary Committee approved a proposal brought forward by Tea Party favorite Congressman Jason Chaffetz (R-UT) with the support of Rep. Zoe Loefgren (D-Cal), an ardent advocate for more immigration, and Rep. Lamar Smith (R-TX), not...

Can Martinez v. Mukasey survive a Supreme Court decision in Vartelas v Holder?

By Gary Endelman My guru on the law of removal, the learned Salvador Colon of Houston, is worried. Why you ask? It is because he wonders if the Fifth Circuit decision in Martinez v. Mukasey can survive a future Supreme Court ruling in  Vartelas v Holder. Now, this may seem very...
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