Immigration Laws Provide the Government Too Much Discretion

Ken McLaughlin has written an interesting story (SJ Merc, 7/3/09) about the broad discretion of immigration judges:

http://www.mercurynews.com/ci_12744965?source=rss&nclick_check=1

If the link doesn't work, try googling these words:

When he was 10, Hank Nijmeh moved with his family to San Jose when the Beatles were still together and much of the Santa Clara Valley was carpeted with mustard fields. He was one of five children in a friendly Palestinian Catholic family that established one of the valley's most beloved eateries — the Falafel's Drive-In on Stevens Creek Boulevard...

U.S. Immigration and Customs Enforcement has kept Nijmeh in custody since April 2006, when he tested positive for marijuana while on probation....U.S. Immigration and Customs Enforcement has kept Nijmeh in custody since April 2006, when he tested positive for marijuana while on probation...

Immigration laws may be unevenly applied and enforced because of the wide latitude given to immigration judges. Remember this immigration fiasco, when immigration authorities wanted to deport the widows of American citizens because BCIS delayed processing their citizenship applications? Talk about pouring salt into an open wound...

Blog: Christopher Fountain

I just discovered an interesting blog:

http://christopherfountain.wordpress.com/

Mr. Fountain discovered a website that allows readers to see newspapers all over the world:

http://www.thepaperboy.com/newspapers-by-country.cfm

Disclosure: I don't know Mr. Fountain personally and do not necessarily endorse everything on his website. I do, however, like the fact that he's apparently a former attorney.

Bonus: here's another excellent blog:

http://lacunaemusing.blogspot.com

Here are Lacunae Musing's posts on Madoff:

http://lacunaemusing.blogspot.com/2009/01/bernie-reality-show.html [Reality Show?]

http://lacunaemusing.blogspot.com/2008/12/madoff-bailout.html [Bailout?]

Write Your Congressperson about H.R. 2798

It was only a matter of time--Madoff's investors have asked the 111th Congress for a bailout. The House of Representatives has obliged, and the House Committee on Financial Services is currently reviewing H.R. 2798. As of July 10, 2009, H.R. 2798 has not been submitted for a vote. You may write to the House Financial Committee using the following link: http://financialservices.house.gov/contact.html

Here is my letter:

Dear House members:

I am asking that you vote against H.R. 2798 or decline to submit the bill for a full House vote. The proposed bill seeks to bail out Madoff's investors under the guise of shoring up the SIPC. For example, SIPC members will only be expected to pay $1000 annually (up from $150 annually) into the SIPC fund. This amount is stunningly low, given that credit unions have had to pay millions of dollars to shore up their own version of SIPC, called the National Credit Union Share Insurance Fund (NCUSIF). Star One Credit Union, for example, will be assessed a $44.2 million charge to maintain adequate member protection. Thus, a revised annual SIPC fee of $1000 is laughable if consumer protection is the goal.

H.R. 2798 would be even more comedic if the money to expand SIPC protection wasn't coming from taxpayers. Unfortunately, because the SIPC has been woefully underfunded, if Congress passes H.R. 2798, the U.S. Treasury must issue loans to raise the SIPC fund's available credit from one billion dollars to $2.5 billion. As you know, the U.S. Treasury is basically the American taxpayer, so ordinary Americans and their children will be on the hook for this proposed bailout.

Most tragically, H.R. 2798's proposed penalties for white collar crime are too low at five years' jail time and a $250K fine. Such minimal deterrence will not protect the public against a future Madoff. Approving such low penalties post-Madoff may cause voters to wonder if white collar criminals have lobbyists. If I worked in Congress, I would not want my name associated with H.R. 2798 in its current form. Please vote "no" on H.R. 2798.

Sincerely,
Name

French-Algerian Celebrities

Reading some of the anti-Muslim comments French citizens, including Brigitte Bardot, have made, I am struck by how quickly memories fade. The French seem to have forgotten that some of their most famous representatives come from Muslim families. For example, Marcellin "Marcel" Cerdan, Edith Piaf, and Zinedine Zidane are all of Algerian Muslim descent. [It is true that Edith Piaf became Christian, but her maternal grandmother was Aïcha ("Emma") Saïd ben Mohammed (1876–1930).]

Castigating or judging people on the basis of their religion makes no sense. Throughout history, each religion has been persecuted. Clearly, the choice of religious persecution depends on whomever has a population advantage. One day, it might be your turn--unless we work hard to overcome our atavistic tendencies.

Bonus: "The media's primary function [is] to protect the weak from the strong. Now the strong have lost all shame... Every party in any given conflict always has at least some truth on its side, with the weakest party generally holding a little more." -- Leonid Bershidsky

Campbell: Local Fare

1. Anthony Bourdain would like Isabella's. Isabella's Restaurant is located at 70 S. Winchester Blvd., San Jose, California. It specializes in South American cuisine and its chef is Peruvian. The decor is nice--make sure you catch the small wooden sculpture of a soccer player on the left hand side of the restaurant. The location could be better--being next to a hairdresser and across from a nail salon doesn't scream five-stars--but I didn't care about the neighbors once I tasted the food.

I ordered the anticucho de corazon and the tacu tacu. If you like rice dishes, definitely get the tacu tacu--it's a flavorful rice and beans dish. The steak that came with the tacu tacu failed to impress, but I ordered it for the rice portion, so I didn't mind.

The anticucho de corazon was also great. It's basically four skewers of animal heart. What's animal heart? Well, imagine liver, but without the icky texture and aftertaste. Definitely try it--it was the highlight of my dinner.

2. I am always happy when I see an immigrant opening a new store. It reminds me the American Dream is alive and well. A new Ethiopian store, Tana Liquors and Groceries, has opened on 1358 S. Winchester Blvd., San Jose, CA. The store is very small and appears to have opened recently.Their advertising focuses on their imported spices, coffee, and liquor. I also noticed pre-paid phone cards. Right now, the store is new, so it doesn't have tons of products, but I bought and enjoyed a small apricot drink. The store's phone number is 408-871-8199; listed cell phone is 408-373-0606.

3. If you're into veggie food, don't forget Chaat Bhavan.

Disclosure: as of this writing, I have no financial interests in the above establishments and have not received "kickbacks" from them.

ABA: Loan Forgiveness Coming

For all you law school hopefuls and grads, President Obama and Congress are going to help you:

http://www.abajournal.com/weekly/student_loan_relief_on_the_way_for_law_grads

Make sure you read the comments, which are usually the best part of an ABA Journal post. One person says the world doesn't need help getting more lawyers. He has a point.

I paid off all my student loans myself, but I suspect more than a few people game the system. For example, I've heard that some recent graduates had taken loans against their houses and used a home equity loan to pay off their student loans. Then, depending on the remaining value of the home and their state's exemptions, they may have been able to declare bankruptcy and still keep their home. There are probably other ways to game the system, but the way banks were giving out HELOCs, using your home was probably the easiest way.

Some people have suggested getting Perkins loans. When I was in law school, my financial aid advisor recommended that I maximize my Perkins loans, so every year, I'd go to the financial aid office and ask for more Perkins loans. From 1999 to 2002, Perkins loans had low interest rates and were therefore favored by many students; however, under the new "Competitive Loan Auction Pilot Program" terms, I've heard that Perkins loans are not entitled to any relief unless they are consolidated. (At least according to this Sunday's SJ Merc.) One thing's clear: more than ever, it's essential to talk with your financial counselor to make sure you know all your options. Make sure you do your due diligence.

For all you policy wonks, here is a link that leads to the text of the law itself. You'll notice that Dems sponsored the bill, and George Bush signed it. So why is President Obama getting credit for this "new" student loan relief? Because Section 701 recently gave his administration more power and discretion:

Section 701 -

Directs the Secretary to conduct a Competitive Loan Auction Pilot program, beginning in July 2009, under which biennial auctions are held in each state allowing prequalified lenders to compete for the exclusive right to make FFEL program PLUS loans at all IHEs within the state. Provides that the winning bids from each state auction shall be the two bids containing the lowest and the second lowest proposed special allowance payments requested from the Secretary. Requires the Secretary to guarantee 99% of the unpaid balance of such loans.

Basically, President Obama's appointee gets to set the terms for lenders who want to loan money to students. In exchange, eligible lenders get a guarantee that 99% of the unpaid balance of the loans issued under President Obama's rules get paid back, courtesy of the American taxpayer. Interesting, no? Congress passes a law in 2007 with provisions that "activate" in 2009 and thereafter until 2017.

CIA to Congress: We Misled You, but That's Not Our Policy

Some strange things are going on between Congress and the CIA:

http://www.cnn.com/2009/POLITICS/07/08/cia.congress/index.html

http://www.latimes.com/news/nationworld/politics/wire/sns-ap-us-congress-secret-briefings,1,2711337.story

Letters by the chairman of the House Intelligence Committee and other members of the panel say CIA Director Leon Panetta told Congress last month that senior CIA officials have concealed significant actions and misled lawmakers repeatedly since 2001.

I am upset that rather than focusing on stopping the CIA from misleading Congress in the future, the media and House Republicans are making this an issue about Pelosi. I think Senator Pelosi knew about harsh interrogation methods, but not all the details. I do wonder if she knew about waterboarding, but it doesn't matter now--she had her chance to speak out against harsh interrogation methods and failed to do so. The real issue now is reforming the CIA, not Pelosi.

Update on July 20, 2009: Judge rules CIA lied to the court:

http://news.yahoo.com/s/ap/20090720/ap_on_go_ot/us_cia_fraud

According to court documents unsealed Monday, U.S. District Judge Royce Lamberth referred a CIA attorney, Jeffrey Yeates, for disciplinary action. Lamberth also denied the CIA's renewed efforts under the Obama administration to keep the case secret because of what he calls the agency's "diminished credibility" in the case.