Section Newsletters

Articles on Immigration Law

Applying for naturalization and removal hearings: Can you get a remedy? By Patrick M. Kinnally International and Immigration Law, April 2013 The Seventh Circuit in Klene v. Napolitano has leveled the playing field. There is no legal reason to give priority to removal proceedings over naturalization proceedings.
Broadening the statutory grounds for asylum through the application of the Mixed-Motives Doctrine By Eric Choi International and Immigration Law, April 2013 The decision in Mustafa v. Holder may assist asylum seekers by broadening the scope of applicants who may be considered for relief from removal through the statutorily protected grounds of asylum under the INA.
Recent cases International and Immigration Law, April 2013 Recent cases of interest to international & immigration law practitioners.
Legislation on driver’s licenses for illegal immigrants presents administrative challenges to the Secretary of State’s Office By Marc Christopher Loro Human and Civil Rights, March 2013 This article reviews Public Act 97-1157's provisions, explains the challenges, and offers some thoughts on how those challenges could be met.
H-1B quota for 2014 By Tejas Shah International and Immigration Law, February 2013 A basic overview of the H-1B quota The 2014 fiscal year H-1B visa quota filing date is fast approaching. The quota opens on April 1, 2013 and it is anticipated that there will be a higher volume of applications this year than in the past three years.
Recent cases International and Immigration Law, February 2013 Recent cases of interest to International and Immigration Law practitioners.
Adjustment of status, false claims to United States citizenship and voting in elections By Patrick M. Kinnally International and Immigration Law, November 2012 The Adjustment of Status form can be a trap for the unwary practitioner.
Does your client’s business employ immigrants? By Scott D. Pollock International and Immigration Law, November 2012 The author provides the outline from his presentation at this year's CLE program, "What if Your Client is Foreign-Born?"
Immigration and refugee law issues Tibetan asylees have faced in the United States By Bayarjargal Sereenen International and Immigration Law, November 2012 The author examined 43 U.S. circuit court cases to learn more about the immigration issues Tibetan refugees face when they come to this country. 
Immigration update: Can civil union partners in Illinois apply for immigration benefits? By Shannon M. Shepherd Human and Civil Rights, November 2012 Are federal immigration benefits are available for our clients in same-sex relationships living in Illinois?
Seventh Circuit speaks on time limits for filing motions to reopen in Sarmiento v. Holder By Shannon M. Shepherd International and Immigration Law, November 2012 In Sarmiento v. Holder, the Court analyzed the finality of immigration court and Board of Immigration Appeals (BIA) decisions in the context of subsequent motions to reopen and reconsider.
I-9 Compliance: Information for employers By Scott D. Pollock International and Immigration Law, September 2012 Common questions and answers for employers dealing with Form I-9.
Recent cases International and Immigration Law, September 2012 Recent cases of interest to immigrational and immigration law attorneys.
Tax and estate planning issues for non-citizens By Michael R. Pieczonka & David A. Berek International and Immigration Law, September 2012 The second installment of material culled from the May 3, 2012 CLE presentation, "What if Your Client is Foreign-Born? Good Lawyering in the Global Legal Environment."
Tax & estate planning issues for non-citizens By Michael R. Pieczonka & David A. Berek International and Immigration Law, August 2012 The first installment of material culled from the May 3, 2012 CLE presentation, "What if Your Client is Foreign-Born? Good Lawyering in the Global Legal Environment."
Asylum and withholding of removal: The necessity for appointed counsel By Craig R. Miller International and Immigration Law, July 2012 When an indigent, deportable alien speaking little or no English is not appointed an attorney, the outcome of a removal proceeding is fundamentally unfair.
“The newlywed game”—Marriage fraud in immigration: Ethical guidance By Jesse Hodierne International and Immigration Law, May 2012 A discussion of marriage-based immigration, the federal laws curtailing and prohibiting marriage fraud, and recommended actions for attorneys who know or suspect their clients are committing marriage fraud in an attempt to circumvent the immigration laws of the United States.
Representing undocumented immigrants in civil cases—False documents, lying and aliases: Don’t ignore them By Patrick M. Kinnally International and Immigration Law, May 2012 Four recent cases highlight the issue of the use of deception by using phony documents or assuming an identity. Two are criminal cases, two are civil. Read these opinions.
H-1B quota for 2013 By Tejas Shah International and Immigration Law, April 2012 While it is anybody’s guess how quickly the quota will fill up this year, it is reasonably certain that it will fill up sooner than in past years.
Lawful permanent resident aliens: Is there a right to return? By Patrick M. Kinnally International and Immigration Law, March 2012 The decision in Vartelas v. Holder should be of substantial significance to lawful permanent resident aliens who long ago may have committed crimes which made them excludable or deportable from the United States.
Recent cases International and Immigration Law, March 2012 Recent cases of interest to international & immigration attorneys.
The ARDC can now investigate and prosecute the unauthorized practice of law—Good news for immigrants By Scott D. Pollock International and Immigration Law, January 2012 Last month the Illinois Supreme Court amended its rules, thereby enhancing the ARDC's authority and benefiting immigrants to the U.S. and their family members, who have a particularly critical need for competent legal advice and representation. 
ISBA Section on International and Immigration Law sponsors “Careers in International and Immigration Law” panels at Chicago-area law schools By Tejas Shah International and Immigration Law, January 2012 A summary of the recent panels, "Careers in International and Immigration Law," held at three law schools in Chicago and sponsored by the ISBA's International & Immigration Law Section.
Immigration detainers violate human rights By Kelly Brackley Human and Civil Rights, December 2011 Why should immigrants be treated any differently from anyone else who is arrested—why are they denied due process?
Can corporations be held liable for international torts under the Alien Tort Statute? By Cindy G. Buys International and Immigration Law, October 2011 The Seventh Circuit recently answered this question in the affirmative in Flomo v. Firestone Natural Rubber Co. But because the Second Circuit reached the opposite conclusion, it'll be up to the U.S. Supreme Court to ultimately resolve the issue.
The Child Status Protection Act is to protect children By Patrick M. Kinnally International and Immigration Law, October 2011 In the recently decided case of Arobelidze v. Holder, the 7th Circuit Court of Appeals opined that non-precedential Board of Immigration decisions, ones that do not equate with the force of law do not deserve Chevron deference, because they do not have the “power to persuade.”
Federal law vs. the University of Illinois Act and other similar state statutes that provide in-state tuition benefits to qualifying immigrants By Elizabeth Adams International and Immigration Law, October 2011 Both lawful and unlawful immigrants who received a high school education in the United States face out-of-state tuition rates even if they wish to attend a college in the same state they attended high school. To lessen this burden, several states across the country have passed laws which grant in-state tuition to unlawful immigrants based on a variety of factors.
Recent cases International and Immigration Law, October 2011 Recent cases of interest to international & immigration law practitioners.
USCIS announcement regarding job creation: The first step in a pro-growth immigration policy? By Tejas Shah International and Immigration Law, October 2011 An examination of the August 2nd USCIS announcement, its significance, and legal considerations. 
Immigrants beware—Trademark counterfeiting Is aggravated felony INA §101 By Joseph T. Nabor Intellectual Property, September 2011 Criminal trademark counterfeiting is counterfeiting, and an aggravated felony under INA § 101(a)(43)(R), 8 USC § 1101(a)(43)(R), and supported Immigration judge's removal order. Ninth Circuit rejects argument "counterfeiting" referred only to currency. Rodriguez-Valencia v. Holder, 99 USPQ2d 1476 (9th Cir. 2011).

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