Monthly Archives: May 2020

Co-Presenting Ethics CLE Session, on Sineneng-Smith Case, at 2020 Upper Midwest Immigration Law Virtual Conference, Friday, May 29

The State of Minnesota is about to complete its second week of transitioning from a stay-at-home order to a stay-safe order. More businesses can start to re-open to the public, with certain restrictions, as early as June 1 in the midst of COVID-19.

At the same time, protests over the death of George Floyd on Monday — while he was in Minneapolis Police custody — evolved into riots, looting and arson in the Minneapolis-St. Paul (Twin Cities) area this week. 

In times of chaos and uncertainty, it can be hard to stay grounded, maintain calm, move forward, and appreciate the now. But being fully present is what we must do to keep our center when there is much to fear and grieve. 

Pema Chödrön, Buddhist nun and author of When Things Fall Apart: Heart Advice for Difficult Times, writes: “The state of nowness is available in that moment of squeeze. In that awkward, ambiguous moment is our own wisdom mind. Right there in the uncertainty of everyday chaos is our own wisdom mind.”

Many businesses, including law firms, are operating remotely in some or all aspects during the pandemic. Although various events and conferences were canceled or postponed in response to the COVID-19 outbreak, others are continuing as planned, but virtually. 

On Friday, May 29, from 8 am to 5 pm, the 2020 Upper Midwest Immigration Law Conference will be presented via Zoom, instead of through the in-person event in Downtown Minneapolis that was originally planned. Organized by the Minnesota/Dakotas Chapter of the American Immigration Lawyers Association (AILA) and The Advocates for Human Rights for the Upper Midwest, this year’s virtual conference sessions will provide critical practice updates and Continuing Legal Education (CLE) credit to immigration attorneys.

This full-day, multi-track virtual CLE will give registered participants access to up to 6 live credit hours and to all sessions on-demand. Attendees may choose sessions individually among four different tracks — Employment, Humanitarian, Litigation and Fundamentals — and are not tied to any one category. 

I am scheduled to co-present with attorneys Alan Goldfarb and Eric Cooperstein at Session 4: “Ethics in Light of the Sineneng-Smith Case” (Employment track) from 2:15 to 3:15 pm. 

On May 7, the U.S. Supreme Court issued a 9-0 opinion in this case, which makes immigration lawyers vulnerable to being prosecuted for rendering candid advice to clients who are not in lawful status within the United States. 

Evelyn Sineneng-Smith was convicted of violating 8 U.S.C. § 1324(a)(1)(A)(iv), which imposes criminal penalties on any person who encourages or induces a person to come to, enter, or reside in the United States, in violation of the law. It does not distinguish between criminal offenses and immigration (civil) violations. 

Sineneng-Smith was an immigration consultant in San Jose, California. She assisted clients working without authorization in the United States to file applications for a labor certification program that once provided a path to adjust to lawful permanent resident status. She knew her clients could not meet the statutory application-filing deadline, but still charged each client over $6,000, netting more than $3.3 million.

The Ninth Circuit ruled that 8 U.S.C. § 1324(a)(1)(A)(iv) is unconstitutionally overbroad. On appeal, the U.S. Supreme Court held the Ninth Circuit abused its discretion when it decided this question because it was never raised by the defendant. The Court noted that instead of reviewing the case presented by the parties, the Ninth Circuit invited amici to brief and argue issues framed by the panel, including  “[W]hether the statute of conviction is overbroad . . . under the First Amendment.”

By vacating the decision and remanding the case to the Ninth Circuit, on procedural grounds, the U.S. Supreme Court did not address whether the statute is unconstitutional. This leaves lawyers with ethical dilemmas involving their duty to provide competent representation to clients and their duty to avoid the commission of a federal crime under the encouragement and inducement provision. The session on the Sineneng-Smith case will cover ethics concerns for immigration lawyers in light of the Supreme Court’s decision. 

For a description of the 2020 Upper Midwest Immigration Law Conference program, click here. Although the Early-Bird registration ($75 fee) ended on May 8, you can still register for the full price ($100 fee) up to May 29. To sign up, go to https://www.ailamndak.org/product/uppermidwest2020/

The Sineneng-Smith adds another layer of concern not just for attorneys, but also for persons who need candid advice on their options to gain, extend or change their U.S. immigration status. 

Stay well, stay connected,

Dyan Williams
Immigration & Legal Ethics Attorney 
Dyan Williams Law PLLC

Author of The Incrementalist: A Simple Productivity System to Create Big Results in Small Steps

The Incrementalist: A Simple Productivity System to Create Big Results in Small Steps (ebook is out!)

As we move ahead into Mother’s Day weekend, another month of the global pandemic, and the 6th week of a stay-at-home order in my home state, Minnesota, I’m glad to say I started and finished writing my book.

The Incrementalist: A Simple Productivity System to Create Big Results in Small Steps is now out in ebook format. This includes PDF (for computers), EPUB (for phones and tablets) and MOBI (for Kindle). You can take a look inside and read sample pages at https://leanpub.com/incrementalist

I wrote the book within a month by working incrementally on it sentence by sentence, page by page, and chapter by chapter, and building on pre-existing content in prior writings. I chipped away at it in limited but focused time blocks, on the edges of core work activities and daily responsibilities.

This creative project pulled me through feelings of stuckness during the last few weeks. As I made my way through it, I was constantly reminded there is healing in grief, possibility in uncertainty, and progress in chaos.

Even though my business and law practice continue to thrive, the world is different. The changes have required logistical shifts, a different mindset, acceptance of what is, and openness to whatever unfolds.

Even when little seems to be going according to plan and much is outside your control, it’s still essential to get your priorities straight, decide on next action steps, and correct course when you veer off track.

In the book, I explain how to become an INCREMENTALIST to create big results, in small steps, without pushing yourself too far beyond your comfort zone, burning out, and feeling inadequate. You can do great work and stretch your limits, gradually and slowly. Incremental progress helps you gain control, master your craft, and seamlessly integrate all that matters to you.

If you’re having trouble gaining traction on a major project or making a significant change in your life, consider reading The Incrementalist and practicing the 5 principles described in the book.

If you like the book or wish to recommend it to friends, family members, colleagues or anyone else who might find it helpful, please share the link at https://leanpub.com/incrementalist.

When you buy the book on Leanpub, you get free updates of any revised versions I publish on that platform. It doesn’t matter when you bought the book or how much you paid.

There is a 45-day 100% happiness guarantee. This means you can get a 100% refund within 45 days of purchase through Leanpub. I won’t know who buys my book or who requests refunds because purchases are made through the Leanpub platform. But if you’d like to send me questions and comments directly, you can do so!

Whether you’re a current client, a former client, a subscriber to one of my e-newsletters, or a reader of any of my blogs, I thank you for your support.

If you read The Incrementalist, let me know the top three things you found most useful and the top three things you’d like me to explain better in the book. I can’t promise I’ll address every question or comment, but I’ll aim to read each one.

In the midst of challenging and uncertain times, you can still create big results in small steps by becoming an Incrementalist!

To your ongoing progress,

Dyan Williams

Founder & Principal Attorney
Dyan Williams Law PLLC
(612) 225-9900
info@dyanwilliamslaw.com

“The best thing about the future is that it comes one day at a time.”
 Abraham Lincoln