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Running With The Bulls In Immigration Pamplona

by Angelo Paparelli, et al.

Editor's Note: The following are the materials for this seminar.

Citations for ILW.COM's Seminar
"Running With The Bulls In Immigration Pamplona"
Session 2 held on February 9, 2005

For more info, or to signup online, click here.
For more info, or to signup by fax, click here.

From Peter Larrabee

Officers bound by Agency Precedent Decisions: 8 CFR 1103.1(g)- BIA decisions; 8 CFR 1103(c)- AAO decisions

Hernandez V. Ashcroft, 345 Fd3 824 (9th Cir. 2003); Billeki-Tolosa v. John Ashcroft, 2004 FED App. 0333P (6th Cir.)


  • 28 USC 1331- Federal Question
  • 28 USC 1361- Mandamus
  • 28 USC 2201- Declaratory Judgement Act
  • 5 USC 701- Administrative Procedures Act
Review of Legal issues: Skutnik V. INS 128 F.3d 512 (7th Cir. 1997); Valenzuela-Alcantar v. INS, 309 Fd3. 946 (6th Cir. 2002)

Ultra Vires Regs: William Succar v. John Ashcroft, First Circuit No. 032445 - 01/05/2005

Challenging Facts: Surender Singh v. John Ashcroft, 9th Cir No. 0371868p - 12/23/2004

From Angelo Paparelli

To the Mattresses: Business Immigration Litigation Roundtable,
By Angelo Paparelli, Ira Kurzban, Peter Larrabee, Dan Kowalski, and Stephen Yale-Loehr

The citation to Part I is 8 Bender's Immigr. Bull. 1415 ( September 1, 2003).

The citation to Part II is 8 Bender's Immigr. Bull. 1497 ( September 15, 2003).

1. Staying The Voluntary Departure Period When Filing A Motion To Reopen (February 1, 2005)

2. Reinstatement of Removal in the Ninth Circuit: Update and Suggested Strategies following Morales-Izquierdo v. Ashcroft (January 31, 2005)

3. Federal Court Decisions Regarding the "Discretionary Decisions" Bar to Judicial Review in Non-Removal Contexts (January 19, 2005)

4. Mandamus Actions: Avoiding Dismissal and Proving the Case (January 4, 2005)

5. How To File A Petition For Rehearing, Rehearing En Banc And Hearing En Banc In An Immigration Case (October 27, 2004)

6. Applying For A Stay Of Removal During Federal Court Proceedings (October 25, 2004)

7. St. Cyr Regulations And Strategies For Applicants Who Are Barred From Section 212(C) Relief Under The Regulations (October 19, 2004)

8. Special Immigrant Religous Workers (September 29, 2004)

9. Protecting Voluntary Departure Period During Court of Appeals Review (September 26, 2004)

10. Rescinding an In Absentia Order of Removal (Amended September 21, 2004 from the previous version dated May 20, 2002.)

11. Whom to Sue and Whom to Serve (Amended August 19, 2004 from the previous dated November 12, 2003) 12. Expedited Removal (August 13, 2004)

13. Failure to Appeal to the AAO: Does it Bar all Federal Court Review of the Case? (July 22, 2004)

14. The Impact of the Supreme Court's Decision in RUMSFELD V. PADILLA on Immigration Habeas Petitions (June 30, 2004)

15. Equal Access to Justice Act (EAJA) Fee Application (June 1, 2004)

16. How to File a Petition for Review (May 3, 2004)

17. Amended: Circumventing Naturalization Delays: How to get Judical Relief Under 8 USC 1447(B) for a Stalled Naturalization Application (May 25, 2004)

18. ICE's Detention After Removal Hearing Program Practical Suggestions and Legal Analysis for Potential Challenges (April, 2004)

19. Amended: Child Status Protection Act (March 8, 2004)

20. Objecting to Video Merits Hearings (December 12, 2003)

. 21. Update on BIA Affirmance Without Opinion Litigation (December 9, 2003)

22. Representing Individuals Who Are in Removal Proceedings (September 26, 2003)

23. Update on BIA Affirmance Without Opinion Litigation (September 23, 2003)

24. Mandatory Detention After Demore V. Kim (September 2, 2003)

25. Internet Resources on Select Topics (July 17, 2003)

26. Failure to Depart After a Grant of Voluntary Departure: The consequences and Arguments to Avoid Them(July 22, 2003)

27. Export Licensing Requirements for Foreign Nationals(July 17, 2003)

28. Challenging a BIA Summary Affirmance in Federal Court: How to Distinguish Albathani v. INS and Gonzales-Oropeza v. U.S. Attorney General (March 25, 2003)

29. Arrest, Detention, and Bond Procedures for Noncitizens Without Criminal Convictions (Jan. 13, 2003)

30. Obtaining Federal Court Review Notwithstanding the Bar in Asylum One-Year Deadline Challenges (Nov. 15, 2002)

31. How to Challenge an Affirmance Without Opinion by a BIA Member (Sept. 27, 2002)

32. Practicing Before the BIA Under the New "Procedural Reforms" Rule (Sept. 11, 2002)

33. Proposed St. Cyr Regulations (Aug. 29, 2002)

34. Protecting Your Client When Prior Counsel Was Ineffective (April 2002)

35. Importance of Maintaining Status After September 11 (Nov. 2001)

36. Reinstatement of a Prior Removal/Deportation Order (Nov. 1, 2001)

37. St. Cyr and Accrual of Lawful Unrelinquished Domicile (Oct. 25, 2001)

38. Who Should Benefit From St. Cyr? (Aug. 1, 2001)

39. U.S. Supreme Court Decisions Regarding INA 212(c) and Jurisdiction (June 28, 2001)


Considering all that has been discussed today about PERM, this is a procedural question:

With the new PERM Guidelines, what is the best recommendation as to where we can obtain the Prevailing Wage? Is there a formal channel to get an official prevailing wage? If so, how long will it take to obtain such data (prevailing wage) accepted by PERM filings?

Answer by Edward R. Litwin:

The best recommendation as to where you can obtain the Prevailing Wage is from the local State Security Workforce Agency (SWA). That has always been the preferred methodology, however, often the Prevailing Wage Determinations came back rather high. Each State SWA has its own Prevailing Wage Determination request form. If you are a member of AILA, they have published most of the request forms. If you are not, please contact your local SWA. Depending on the state, it only takes approximately a day or two to obtain the Prevailing Wage Determination.

If you are dissatisfied with the Prevailing Wage Determination, you can obtain a Prevailing Wage from a published survey and ask that it be substituted for the government survey.

About The Author

Angelo Paparelli, et al. are the speakers for the Running With The Bulls In Immigration Pamplona seminar.

The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.