Comment: Moncrieffe Oral Argument Recap
Last week, the Supreme Court heard oral arguments in an important immigration event, Moncrieffe v. Holder, the transcript of which was carried in Immigration Daily last week, but can also be seen here. The government is seeking to remove Mr. Moncrieffe due to what they believe should be considered an "aggravated felony" conviction. In this case, that conviction is for the possession of a small amount marijuana. Mr. Moncrieffe, a lawful permanent resident, had lived in America for more than 25 years, even having U.S. citizen children born here. The key issue in this case is whether Mr. Moncrieffe's conviction should be deemed an "aggravated felony." If it is, he will be subject to mandatory removal; on the other hand, if it is not, he will remain subject to removal, but he will be eligible to seek a cancellation of removal. Based upon the transcript, the justices seem relatively sympathetic to Mr. Moncrieffe's argument. Based upon the court's makeup, the current climate, and a careful review of the transcript, we believe we are looking at a 7-2 decision, holding that convictions like this one will not be considered aggravated felonies going forward with Justices Roberts, Kennedy, Scalia, Ginsburg, Sotomayor, Kagen, and Breyer making up the majority. The case is expected to fall in line with Carachuri-Rosendo v. Holder from a few years back; there, the government sought to deport a lawful permanent resident by treating a state misdemeanor charge as an aggravated felony due to an analogous federal statute. The Court rejected this categorical approach and instead required that a conviction itself must contain each of the findings needed to render it as a felony under the Controlled Substances Act. Our belief is that the Court will ultimately conclude the injustice of removing a long-term lawful permanent resident due to the possession of a small amount of marijuana is too great and that certain classes of felonies will not subject those convicted of them to mandatory removal. What do you think the Court will do? Share your thoughts with us at editor@ilw.com.

Article: Why The Average Traveler Can't Be Expected To Recognize A Crime Involving Moral Turpitude by Myriam Jaidi

Bloggings: November Visa Bulletin Out by Greg Siskind

Bloggings: Hey, Immigration Bureaucrats: Corporations Are NOT People! by Angelo Paparelli

News: White House Issues Additional Sanctions Against Iran

News: USCIS Releases Updated DACA Case Processing Statistics

Today's Obama's Childhood Arrivals Promise Graph

Focus: Advanced Topics in I-9 and E-Verify
Tuesday, October 16 is the deadline to sign up for the Thursday, October 18 phone session of "Advanced Topics in I-9 and E-Verify" with Addie Hogan, Julie Pearl and others to be announced. The curriculum is as follows:

First Phone Session on October 18: Tried and True Strategies and challenges in developing I-9 policies
a. Common issues in I-9 completion
i. Documents
ii. Remote hires
b. Mergers and Acquisitions
c. Self - Audits and Steps Involved with reviewing and correcting the Form I-9 1. Correcting Flawed Forms
d. Balancing I-9 compliance with Discrimination Concerns

Second Phone Session on November 8: Following the trend: E-verify and Electronic,
Verification Systems
e. E-verify
i. Advantages and disadvantages
ii. Employer responsibilities
iii. Federal contractors
iv. Self-verification and the IMAGE program
f. Electronic Verification systems
i. I-9 software. Is it worth it?
ii. Best practices to make the most of electronic verification systems

Third Phone Session on december 6: Notice of Inspection, now what?
g. It's a balance: safeguard objections vs. working with the government
h. Constructive knowledge concerns and no-match letters
i. Notice of Technical Violations
j. Notice of Suspect Documents
k. Notice of Discrepancies
l. Impact of Mitigation
m. Preservation of rights
n. Limiting the Expansion of an Investigation

Tuesday, October 16 is the deadline to sign up. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: http://www.ilw.com/seminars/201211.shtm.
Fax form: http://www.ilw.com/seminars/201211.pdf.

Headline: Diversity Visa Lottery Registration Opens October 2, 2012 | The National Law Review http://ow.ly/eqvV4
Headline: DREAMing of Economic Growth: Passing the DREAMAct would lead to a cascade of economic gains http://ampr.gs/Q5kNL6
Headline: Bloomberg: Africans relocating to Alabama to fill jobs after Hispanics leave state over immigration law http://ow.ly/emSHj
Headline: Report supports theory that unwelcoming immigration system in US created 'reverse brain drain' http://buff.ly/Q9BuWV
Headline: Immigrant wants to end "fear and intimidation" in Chicago suburb http://ow.ly/etUAw
Headline: Birmingham: Southern Poverty Law Center files lawsuit against Alabama Department of Education over immigration records http://ow.ly/eqwLI
Headline: Arizona immigration law affects victims of domestic violence http://ow.ly/eqwyU
Headline: Sandoval: Nevada doesn't need Arizona-type immigration law http://ow.ly/eqwdt To submit an article or a news item to Immigration Daily, write to editor@ilw.com. Follow ILW.COM on Twitter.

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