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Immigration Daily August 20, 2002
Previous Issues
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Editor's Comments

In today's Featured Article, Gary Endelman writes about INS Commissioner Ziglar's resignation and how this presents an opportunity to fix our national schizophrenia on immigration. On Mr. Ziglar's successor, Mr. Endelman says "this time around the smart money says that President Bush will look for a soldier- a real one- or at least someone with a law enforcement or national security background." We know of at least three immigration attorneys who are or were military officers. President Bush look no further than this group to find the perfect candidate - a soldier and someone who understands immigration law well. Especially if immigration services are to end up in a Department different from immigration enforcement, it only makes sense to appoint someone in immigration services who understands the law well. A General or Admiral (who is not an immigration lawyer) at the helm of immigration services will only drive the immigrant population underground, it is fantasy to think otherwise.


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Thursday, August 22nd is the deadline to register for ILW.COM's new seminar course with Angelo Paparelli on cutting-edge issues in business immigration. The curriculum includes the following on the New Concurrent Filing Reg:

  • How do you help your clients transition from nonimmigrant worker status to an open-market EAD without a gap in work permission?
  • Does the new regulation strengthen or undermine AC-21's provisions on AOS portability and H-1B portability?
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  • How does the new regulation impact the requirement that the alien intend to work for the sponsoring employer?
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  • What Case Profiles and Job Categories Should You Accept or Decline for Concurrent Filing?
The first session in August will cover "the gems and the thorns" in the new Concurrent Filing rule, and also discuss alternatives to labor certification. The second session in September will include mergers and acquisitions as well as advanced issues in Blanket Ls and E visas. The final session in October will feature an "Experts Roundtable" on cutting-edge hypotheticals. This seminar course features Margaret Catillaz, Bryan Funai, Pete Larrabee, Alan Tafapolsky and Nathan Waxman as guest speakers (more guest speakers to be announced). This seminar course will be fast-paced and full of practical pointers for immigration practitioners. Don't miss it! Register Today!

For more info, including detailed curriculum, speaker bios, and registration information online, click here.
For more info, including detailed curriculum, speaker bios, and registration information by fax, click here.

Featured Article

Renaissance: The Ziglar Resignation and the Chance for Immigration Renewal
Gary Endelman writes "Ziglar is not to blame for an Agency that does not know what America wants it to do. Indeed, the Service is the perfect institutional embodiment of our national schizophrenia on immigration. All of the clashing assumptions, competing programs and contradictory goals under which Ziglar and his predecessors have labored make any effective action by the Service on almost any issue of moment an occasion for great relief and genuine surprise. If it is true that the best way to get rid of a bad law is to enforce it, then the best way to decide what immigration means to the American economy is to arrive at a point when a leaderless INS does not know which way to turn. That is where we are now."

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Immigration Law News

Ashcroft On Ziglar Resignation
Reacting to INS Commissioner Ziglar's resignation, the Attorney General made a brief statement saying "Commissioner Ziglar has served the Administration and the Department of Justice admirably during a very important time under extraordinarily difficult circumstances. We appreciate his commitment and service to the country."

INS Memo On VAWA Centralizes Processing At VSC
INS sent a memo to all Regional Directors on VAWA-based self petitions centralizing all VAWA adjudications at the Vermont Service Center and reminding adjudicators that "Any adverse information received by the INS from a self-petitioner's U.S. citizen or lawful permanent resident spouse or parent, or from relatives of that spouse or parent, must be independently corroborated by an unrelated source before the INS may take adverse action based on such information."

Employer Declines To Pursue Appeal In Nursing Case
In the Matter of Temple University Hospital, No. 2002-ARN-00002 (BALCA, Jun. 7. 2002), the Board of Alien Labor Certification Appeals dismissed an immigration nursing case since the Employer declined to pursue the appeal.

No Prejudice By Attorney's Failure To Call Witness Where Witness's Testimony Not Offered In Appeal
In Mungai v. INS, No. 02-1219 (1st Cir. Aug. 19, 2002), the court said that although Petitioner argued in the motion to reopen his removal proceedings on the grounds that he was prejudiced by his attorney'sfailuree to call his brother as a witness to support his asylum claim and to file an appellate brief, he offered neither an affidavit from his brother nor a description of the testimony his brother would have given, and also failed to articulate any issues or arguments that should have been presented in an appellate brief, and on the foregoing grounds found that Petitioner had failed to show the prejudice required to demonstrate ineffective assistance of counsel.

Evidence Of Economic Persecution Does Not Compel Finding Of Persecution On Account Of Political-Economic Activism
In Ontunez-Tursios v. Ashcroft, No. 00-60650 (5th Cir. Aug. 13, 2002), the court held that Petitioner, who had claimed asylum from alleged persecutions by a group of landlords in Honduras on account of Petitioner's activism in a land cooperative, failed to present sufficient evidence that would compel a reasonable finder of fact that his his persecution was not because of economic desire but was persecution because of membership in the group of land activists.

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UPL Suit Filed Against Lawyer In Texas reports on a suit filed by the Texas Unauthorized Practice of Law Committee against a lawyer who is licensed to practice law in New York and has an office in Texas. The article quotes Peter Williamson, a Houston immigration lawyer who sued Senanayake on behalf of the UPLC saying "that an immigration lawyer must know, for example, what effect Texas' family and criminal laws may have on their clients' immigration cases."

Congresswoman Praises Departing INS Commissioner
The San Francisco Chronicle reports on INS Commissioner Ziglar's resignation and quotes Rep. Loefgren (D-CA) "I think he was one of the more competent commissioners we've had in recent history, and he came in at a time when the agency was a mess."

INS Inspectors Make Decisions In 45 Seconds About Who Gets To Stay How Long
An article in The San Diego Union Tribune on INS's proposed rule to limit tourist and business visas says "I think the INS has been really surprised by the reaction," said Theresa Cardinal Brown, immigration policy analyst for the U.S. Chamber of Commerce. "Certainly there have been a lot of misunderstandings, with people believing there will be only 30-day visits. But we still have issues with the rule it is vague, and it leaves a lot to inspectors. They are making inspections in such a short period of time what about 45 seconds? and they are trying to determine how long you should see your grandmother?"

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Help Wanted - Immigration Attorney
Seeking experienced business immigration lawyer with 6 to 10 years of experience for shareholder or limited equity shareholder position with long established El Paso av rated law firm. Board certification is preferred. Should be experienced in reduction in recruitment, healthcare related petitions, TNs, Ls, Os, Hs, Es, consular processing, case management, etc. For further information, please contact Kathleen Walker at Kemp Smith, PC, 221 N. Kansas, Ste. 1700, El Paso, Texas 79901,, or at 915-546-5325. For further firm information, please refer to

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Letters to the Editor

Dear Editor:

An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Send Correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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