Who's Who Of Immigration Lawyers
Who's Who Of Immigration Lawyers
Date: Tuesday, March 22, 2005 3:37 PM
JOB DESTRUCTION NEWSLETTER
by Rob Sanchez
March 22, 2005 No. 1219
The ILW website lists the winners of the Who's Who Legal contest for
immigration lawyers. It's sort of like the Grammy or Oscar awards,
except this list of "Whos Who" should be put on a "Most Wanted Sign"! I
decided to give further tribute to two of the most notorious on the
list. These immigration lawyers are sharks in every sense of the word
and therefore deserve recognition over and above what they received on
ILW, so here goes:
http://www.ilw.com/lawyers/articles/2005,0318-whowho.shtm
The International Who's Who Of Corporate Immigration Lawyers - Fifth
Edition
by Whos Who Legal
Most Highly Regarded Individuals - Global
Roxana C Bacon, Littler Global, Phoenix
Roxana Bacon from Phoenix, Arizona was a hired gun who defended Sun
Microsystems against Guy Santiglia's complaint that Sun was replacing
qualified American workers with H-1Bs. Roxana brought home the Bacon
for Sun because most of Santiglia's charges were summarily dismissed.
Bacon is probably revered in every corporate HR department so it's no
wonder she was at the top of the list.
Bacon's tactics included ad-hominem attacks, misdirection, deceit, and
innuendo. She used personal attacks whenever it suited her purpose and
surprisingly the DOL accepted everything she said as the gospel truth.
As an example, during an Administrative Review Board request, she said
that those of us that filed on Santiglia's behalf were a bunch of
"self-serving angry people". Her diatribe was aimed at myself and the
following activists: Dr. Norman Matloff, Joe Valley, and Robert Smith.
Bacon didn't stop there. Listed below are some excerpts from her
personal attacks that the DOL judge accepted as legal arguments. The
fact that comments like these were accepted gives a new meaning to the
phrase "kangaroo court". The immigration lawyers are probably still
amazed that Bacon was allowed to get away with this, and perhaps that's
why they nominated her. I decided not to edit out her grammatical
errors.
>>>>> Comments From Roxana Bacon <<<<<
Out of the several thousand Sun employees in the reduction in
force 19 months ago, only Mr. Santiglia has turned his lay-off into a
career, filing increasingly dramatic pleadings and developing a
conspiracy theory in which everyone, even the Administrative Law Judge,
is out to get him. He is a self-styled
hero for the embattled U.S. workers everywhere, and believes he is
entitled to prevail not because he can prove his legal claim but
because he has a cause.
Nothing about Mr. Sanchez claimed expertise in the H-1B program
meets that threshold test. As Mr. Sanchez states directly, he wants to
raise issues way beyond Santiglia's claims of the violations committed
by Sun Microsystems. Mr. Santiglia and Mr. Sanchez want to attack the
H-1B provisions themselves because they do not believe the United
States should allow employers the right to hire foreign nationals in
these professional jobs. Their argument has no place before DOL, which
is charged with implementing only the LCA part of the H-1B process.
That argument can only be made to Congress, which is the exclusive
legislative body allowed under the U.S. Constitution to confer
immigration benefits. Allowing Mr. Sanchez to opine now violates Sun
Microsystems' due process rights.
Mr. Valley offers not a single bit of information about who he is,
why he thinks he is entitled to submit a "brief', or what he adds to
the proceedings.
Mr. Smith has provided information about himself and his purported
information about the underlying; complaint. The information fails to
meet any of the requirements for admitting his testimony as
Evidence. Mr. Smith was not present at the hearing, was not identified
as a witness so that he could be deposed, and was a virtual stranger to
the proceeding until Mr. Santiglia and his counsel attempted to
introduce random emails from him. They were rejected by the ALJ as
being "textbook hearsay."
Mr. Matloff, by reacting to legal arguments against his alleged
expertise as though they are a personal attack he confirms that he is,
in fact, not a schooled expert but a zealot on a crusade. The record
confirms that Mr. Matloff has absolutely no knowledge about why Sun
decided to include Complainant in its November 2001 layoff. He has
never been had any relationship with Sun, and has never been inside Sun
to review its business records in regard to LCA documents, procedures,
postings or materials. In short, he is neither an expert witness nor an
eyewitness and can add nothing to this proceeding except hostility and
bias.
The ARB listened to Bacon's attacks and refused to give us a chance to
refute her. The rational for the denials of our request are
unconvincing to any that are willing to review the facts. The full
documents can be seen by going to the following page and looking for
our names:
http://www.oalj.dol.gov/public/ina/refrnc/LCA_decisions.htm
Daryl R Buffenstein,
Paul Hastings Janofsky & Walker LLP, Atlanta
Daryl R. Buffenstein is an expert advisor to companies who want to
replace their American workforce with H-1Bs and he spends considerable
time lobbying Congress for more loophole laden immigration laws. I once
had sound files from a conference Daryl Buffenstein gave in Mexico
called, "Introduction to the AILA 1999 Conference". The AILA forced me
to remove the sound files under a copyright technicality but we all
know the real reason is that Buffenstein didn't want the American
public to be able to hear how he advises immigration lawyers to exploit
the loopholes in the H-1B laws. Immigration lawyers had high praise for
the "character, dignity and extreme competency" of Daryl Buffenstein.
You can decide how much character he has after reading a few excerpts
from his advice to aspiring immigration lawyers. Buffenstein's dignity
was never called into question among the sharks when he asked these
questions and then gave the his own answers.
Question: Who Does the Employer Terminate?
Answer: The least desirable option is to terminate the H-1B.
Question: What is an Acceptable Terminations
Answer: Buffenstien explained that there are situations where it is
acceptable to replace American workers with H-1Bs. He gave an example
where the employer wants to terminate a couple of American software
engineers and hire an H-1B, and he explained how loopholes in the law
can be used to dump the software engineers.
Read more about the AILA sound files at the following web page:
http://www.zazona.com/shameh1b/CensoredTapes.htm
Buffenstein is one of the worst examples of lawyers who will do
anything to enrich themselves even though he is betraying our nation.
When talking about L-1 visas he once said that "that fears of losing
jobs to foreign workers are exaggerated." Buffenstein said that those
who oppose the L-1 visa do not understand how important it is for
American industry. "It will hurt employment in the United States if we
impede the ability of legitimate users to transfer managers and
specialists between different affiliates of international
organizations," said Buffenstein, who was a member of a panel that
advised Congress in 1990 in revising the law governing L-1
visas.
"There may be circumstances where companies are able to keep employment
in the United States by moving certain kinds of jobs offshore," said
Daryl Buffenstein. "It's a much more complex phenomenon than people
give it credit for."
www.ZaZona.com
Support this Newsletter and ZaZona.com by donating:
www.zazona.com/Donations.htm
To Subscribe, Unsubscribe or to view the Archive go to:
http://www.zazona.com/shameh1b/JobDestructionNews.htm
Back to archives