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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...

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Beware of What You Wish For: Is “The Fairness for High-Skilled Immigration...

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...

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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...

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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...

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Will The Revised USCIS Q&A On Establishing The Employer-Employee Relationship...

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),...

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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...

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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...

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From Madison To Morton: Can Prosecutorial Discretion Trump State Action In...

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...

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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...

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Hidden Treasure: How States That Want Immigrants Can Take Advantage of...

By Gary Endelman and Cyrus D. Mehta Anyone in favor of federal preemption of state immigration laws, especially Arizona’s SB 1070, was disappointed with the way the oral arguments before the Supreme...

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