Archive for November, 2010

State Bar of California makes certification as an immigration specialist more available to California attorneys.

Sunday, November 28th, 2010

The State of California has a legal specialization program in eleven fields of law.  One of the fields is Immigration and Nationality Law. The goal of the specialization program  is “to protect the public by offering attorneys the opportunity to demonstrate high competence and experience through evaluations in their field by an objective certification panel.”

The “objective certification panel,” the Immigration and Nationality Law Advisory Commission (INLAC)  meets throughout the year to prepare a specialization examination, review applications for certification and re-certification as an immigration law specialist, and revise the standards for specialization in the practice of Immigration and Nationality Law. The only immigration lawyers in California who can claim to be “specialists” or “experts” in immigration law are those certified by the State of California’s Board of Legal Specialization. If you encounter an attorney who asserts he or she is a specialist or expert in immigration law, or variations around the word specialist or expert, such as “specializing in” or “special concentration” or “expertise” they are violating the rules of the profession. (more…)

Oral arguments show a lawyer’s conundrum

Sunday, November 21st, 2010

On September 8, 2010, during oral argument in Chicago in the case, Sabri Samirah v. Eric Holder, No. 08-1889, about which I recently wrote,  Judge Richard Posner, discussing the fact that the alien about whom the case dealt had no access to judicial review because he was outside the United States but would if he returned to the United States illegally, had the following interchange with the Department of Justice’s attorney, Paul F. Stone.On November 1, 2010, during oral argument in the case, United States v. State of Arizona, No. 10-16645, about Arizona’s immigration law, SB 1070, about which I have written, Senior Circuit Judge John T. Noonan stated the following to Deputy Solicitor General Edwin S. Kneedler: (more…)

“California lawyers” face class action lawsuit and civil suit.

Thursday, November 18th, 2010

Orrick, Herrington & Sutcliffe LLP has filed a class action on behalf of all clients that unlicensed California lawyer Martin Resendez Guajardo has represented or advised since his resignation from the State Bar. The class action alleges Guajardo, San Diego-based attorney Christopher Stender, Immigration Practice Group, a law firm owned by Stender, and potentially others committed fraud, breach of fiduciary duty and other related causes of action. The Class seeks to recover general and statutory damages, civil penalties, punitive damages, attorneys’ fees, restitution, and other relief for these victims. Orrick has established a telephone number that will facilitate multilingual contacts for immigrants and family members who were victims of Martin Guajardo, Stender or the firm. That number is (415) 773-4266. (more…)

“The law can’t be that ridiculous.”

Sunday, November 14th, 2010

These were the words of Judge Richard A. Posner of the Seventh Circuit Court of Appeals in the case of Sabri Samirah v. Eric Holder during oral argument  in Chicago on September 8, 2010. Having gleaned my understanding of the case from the oral argument, these are apparently the facts of the case. (more…)