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Riverside Lawyer Magazine C M Y K C M Y K 100 100 100 100 25 50 75 100 100 100 100 25 50 75 100 100 100 100 25 50 75 100 100 100100 100100 10025 10050 2575 50100 75100 100100 100100 100BLU GRN100 RED25 50100 75100 100100 100100 10050 10050 2550 50100 75100 100100 100100 10050,39,39100 2550 50100 75100 100100 100100 100 100 BLU300 GRN100 RED100 100100 100100 100 100 50330 50 50 100 100 100 100 50,39,39 50 100 100 100 100 300 100 100 100 100 330 GATF Digital Four-Color Control Bar (version 2.3) GATF Digital Four-Color Control Bar (version 2.3) Bar Association - CVR-RCL 0812 GTO 338809.indd, Chris, 08/29/12, 11:27AM, 2540 dpi, 200 lpi, STOCK= 80# house gloss book, RUN SIZE= 12x18, CUT= 11x17, PRESS QTY= 1,155, FINISHED QTY=1,155 • SIGNATURE 1 OF 2 PRSRT STD Riverside US POSTAGE County LAWYER PAID PERMIT #1054 Riverside County Bar Association RIVERSIDE, CA 4129 Main St., Ste. 100, Riverside, CA 92501 RCBA 951-682-1015 LRS 951-682-7520 September 2012 • Volume 62 Number 8 MAGAZINE www.riversidecountybar.com [email protected] In This Issue: Are Your Clients Considering Sponsoring Someone for a Work Visa or Green Card? What They Need to Know! California’s Expansive Criminal Law Provisions Protecting Elders Assist Immigrant Victims of Abuse CYAN Ethically and Effectively Represent a Non-U.S. Citizen in the Criminal Defense Court Asylum in America MAGENTA Bi-National Same-Sex Couples Present Another Challenge to DOMA Overview of the Inadmissibility and Removability Process Reaffirming Federal Control Over Immigration YELLOW Deferred Action for Childhood Arrivals The Cantor-Adams Bill: On Gutting VAWA BLACK BOARD OF DIRECTORS:Harry H. Histen, Director-at-Large Michael G. Kerbs, Director-at-Large Elliott S. Luchs, Director-at-Large Chris Harmon, RCBA President Christopher G. Jensen, President Michelle Ouellette, Vice President David G. Moore, Chief Financial Officer Judith A. Runyon, Secretary James O. Heiting, Director-at-Large www.rcbadrs.org The official publication of the Riverside County Bar Association Publications Committee Yoginee Braslaw Robyn Lewis Christopher Buechler Charlene Nelson Sophia Choi Jean-Simon Serrano Melissa Cushman Donna Thierbach Abram Feuerstein Bruce Todd CONTENTS Stefanie Field Jamie Wrage Joseph Fitzgerald Lisa Yang Alexandra Fong Connie Younger Amy Guldner Columns: Editor ............................................. Jacqueline Carey-Wilson 3 ...................... President’s Message by Christopher B. Harmon Design and Production ........................ PIP Printing Riverside 4 ................... Barristers President’s Message by Amanda E. Schneider Cover Design ........................................ PIP Printing Riverside Officers of the Bar Association COVER STORIES: President President-Elect 6 ..... Are Your Clients Considering Sponsoring Someone for a Christopher B. Harmon Jacqueline Carey-Wilson Work Visa or Green Card? What They Need to Know! (951) 787-6800 (909) 387-4334 [email protected] [email protected] by Mitch Wexler Vice President Chief Financial Officer 8 ...California’s Expansive Criminal Law Provisions Protecting Chad W. Firetag Kira L. Klatchko Elders Assist Immigrant Victims of Abuse (951) 682-9311 (760) 568-2611 [email protected] [email protected] by Heather L. Poole Secretary Past President 13 .... Ethically and Effectively Represent a Non-U.S. Citizen in Jean-Simon Serrano Robyn A. Lewis the Criminal Defense Court (951) 682-6400 (951) 682-0488 [email protected] [email protected] by Ginger E. Jacobs and Linda Pollock 16 ...............................................................Asylum in America Directors-at-Large by Adriana Sanchez Jack B. Clarke, Jr. Diana Renteria (951) 686-1450 (951) 367-7100 18 ................... Bi-National Same-Sex Couples Present Another [email protected] [email protected] Challenge to DOMA L. Alexandra Fong Richard D. Roth by Christopher J. Buechler (951) 955-6300 (951) 682-6500 [email protected] [email protected] 20 .... Overview of the Inadmissibility and Removability Process by Kelly O’Reilly Executive Director Charlene Nelson 22 .................... Reaffirming Federal Control Over Immigration (951) 682-1015 by Erwin Chemerinsky [email protected] 26 .................................Deferred Action for Childhood Arrivals Officers of the Barristers Association by Michael Wang 27 ............................The Cantor-Adams Bill: On Gutting VAWA by Sara Mostafa-Ray President Treasurer Amanda E. Schneider Arlene M. Cordoba (909) 890-4499 [email protected] Members-at-Large Reina Canale Vice President Sara Morgan Luis Arellano Past President Features: Secretary Scott H. Talkov Kelly Moran 23 ............. Project Graduate Needs Volunteers to Mentor Foster Youth 24 .............................................Opposing Counsel: Kelly Shane O’Reilly by L. Alexandra Fong Riverside County Bar Association 4129 Main Street, Suite 100 Riverside, California 92501 Telephone Facsimile 951-682-1015 951-682-0106 Departments: Internet E-mail Calendar. 2 Classified Ads. 28 www.riversidecountybar.com [email protected] Bench to Bar . 15 Membership . 28 Riverside Lawyer, September 2012 1 MISSION STATE M ENT CALENDAR Established in 1894 SEPTEMBER The Riverside County Bar Association, established in 1894 to foster social 3 Holiday – Labor Day in ter ac tion between the bench and bar, is a professional or ga ni zation that pro- RCBA Offices Closed vides con tinu ing education and offers an arena to resolve various problems that 5 Bar Publications Committee Meeting face the justice system and attorneys prac tic ing in Riverside Coun ty. RCBA Boardroom – Noon 11 PSLC Board Meeting RCBA Mission Statement RCBA Boardroom – Noon Landlord/Tenant Law Section The mission of the Riverside County Bar Association is: Cask ‘n Cleaver – Riverside – 6:00 – 7:30 p.m. To serve our members, our communities, and our legal system. Speaker: Eric Headstrom MCLE Membership Benefits 13 CLE Event – RCBA John Gabbert Gallery Involvement in a variety of legal entities: Lawyer Referral Service (LRS), Pub- Check-in time - 11:45 a.m. lic Ser vice Law Corporation (PSLC), Tel-Law, Fee Ar bi tra tion, Client Re la tions, Elimination of Bias – Judge Jacqueline Dis pute Res o lu tion Ser vice (DRS), Barristers, Leo A. Deegan Inn of Court, In land Jackson, Riverside Superior Court Em pire Chap ter of the Federal Bar As so ci a tion, Mock Trial, State Bar Con fer ence 12:00 – 1:00 p.m. MCLE of Del e gates, and Bridg ing the Gap. “Top 10 (or so) Professional Responsibility Membership meetings monthly (except July and August) with key note speak- Traps for the Unwary.” – Speaker: Robert ers, and par tic i pa tion in the many committees and sections. Hawley, Deputy Executive Director, State Bar Eleven issues of Riverside Lawyer published each year to update you on State of California 1:15 – 3:15 p.m. Bar matters, ABA issues, local court rules, open forum for com mu ni ca tion and MCLE timely busi ness matters. 18 Family Law Section Social gatherings throughout the year: Installation of RCBA and Bar risters RCBA 3rd Floor – Noon Of fic ers din ner, Annual Joint Barristers and Riverside Legal Sec retar ies din ner, MCLE Law Day ac tiv i ties, Good Citizenship Award ceremony for Riv er side Coun ty high 19 Mock Trial Steering Committee schools, and other special activities. RCBA Boardroom – Noon Continuing Legal Education brown bag lunches and section workshops. Estate Planning, Probate & Elder Law RCBA is a cer ti fied provider for MCLE programs. Section MBNA Platinum Plus MasterCard, and optional insurance programs. RCBA 3rd Floor – Noon MCLE Discounted personal disability income and business overhead protection for the attorney and long-term care coverage for the attorney and his or her family. 27 RCBA Annual Installation of Officers Dinner 5:30 p.m. Social Hour, 6:30 Dinner & Program Riverside Lawyer is published 11 times per year by the Riverside County Mission Inn, Music Room Bar Association (RCBA) and is distributed to RCBA members, Riverside Call (951)682-1015 to RSVP County judges and administrative officers of the court, community leaders and others interested in the advancement of law and justice. Advertising and October an nounce ments are due by the 6th day of the month preceding publications 3 Federal Bar Association/Inland Empire (e.g., October 6 for the November issue). Articles are due no later than 45 Chapter days preceding publi ca tion. All articles are subject to editing. RCBA members George E. Brown, Jr., Federal Court House - receive a subscription au to mat i cal ly. Annual sub scrip tions are $25.00 and Noon single copies are $3.50. “The Psychology of Judging” Speaker: Magistrate Judge Andrew Wistrich Submission of articles and photographs to Riverside Lawyer will be deemed Rsvp to Julius Nam at (951) 328-2245 to be authorization and license by the author to publish the material in Riverside Lawyer. 16 Red Mass The material printed in Riverside Lawyer does not necessarily reflect the St. Francis de Sales Catholic Church - Riverside opin ions of the RCBA, the editorial staff, the Publication Committee, or other 6:00 p.m. columnists. Legal issues are not discussed for the purpose of answering specif - ic questions. Independent research of all issues is strongly encouraged. 2 Riverside Lawyer, September 2012 that Riverside County courts have traditionally been underfunded and that our courts have been handling far more cases per judicial officer than many other courts in the state. This is nothing new, and our judicial offi- cers have soldiered on and are doing a marvelous job, despite one of the highest cases-per-judge ratios in the state. What is new and will prove to be a tremendous challenge to all of us is the state’s current fiscal crisis and the accompanying effect this will have on our already overburdened courts. The governor’s current budget includes unprecedented cuts to the courts, and Riverside, not having the political clout of some of the state’s larger counties, is taking a very large hit.
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