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Immigration Daily September 19, 2002
Previous Issues
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Editor's Comments

A short note for those of our readers who are keenly interested in Supreme Court matters: the Supreme Court granted the petition for writ of certiorari in Demore v. Kim, No. 01-1491 (9th Cir.). The Supremes denied cert in Sol v. INS, No. 01-8465 (2nd Cir.), Elagamy v. INS, No. 01-1362 (5th Cir.), and Garcia v. INS, No. 01-1511 (9th Cir.).


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  • Latest Developments and Practice Strategies involving:
    • The Immigration Consequences of Mergers, Acquisitions, Spin-Offs and other Forms of Corporate Restructuring:
    • How Do You Resuscitate "Lost" Cases through creative use of the New Definition of "Successorship in Interest"?;
    • What Should Your Immigration M & A Due Diligence Checklist Contain?
    • How do You Dazzle and Work Successfully with Corporate Counsel?
    • What are the I-9 and Anti-Discrimination Risks and Solutions?
    • How Can You Preserve Priority Dates and RIR Advertising Benefits Secured by the Predecessor Entity?
    • How Can You Gain Maximum Benefit from Strategies involving POE submissions, E-2 Advisory Opinions, and the "Class Representative" and "Minimalist" Approaches?
    • What does the Puleo memo on new or amended I-140 Petitions cover and omit? and
    • What are the most successful strategies in Dealing with the Regional Service Centers, INS Headquarters and Consular Posts?.
  • Blanket L-1s and E-2 Advance Practice Issues:
    • Benefits and Risks for Large, Mid-Size and Emerging Companies;
    • Changing jobs without prior INS petition approval;
    • When to Use the Blanket Approach and When to Opt for INS Premium Processing;
    • Avoiding Bungles and Capturing Opportunities with Clients and the Government.
  • Late Breaking Developments involving new Regulations and Statutes.

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Featured Article

Recognizing Our Vulnerability As America
Jose Latour writes "Americans do not fear other Americans because of acts of terror committed by Americans. But Americans fear foreigners because of acts of terror committed by other foreigners. It is this oxymoronic reality which we, as immigration attorneys, face on a daily basis."


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Immigration Law News

DOS Rule On Student Monitoring
The Department of State promulgated an interim rule which states in its summary "This rule creates an electronic system known as the ``Interim Student and Exchange Authentication System'' (ISEAS) for monitoring the visa adjudication process and visa issuances to foreign students and exchange visitors who enter the United States in F-1,M-1, or J-1 nonimmigrant visa categories. Recent legislation requires ISEAS to be operational by September 11, 2002. ISEAS will remain in operation until the foreign student monitoring system being developed by the INS is fully operational. The Department, the INS, approved institutions of higher education or other approved educational institutions, and exchange visitor program sponsors will use the ISEAS database for the collection and transmission of information pertaining to foreign student and exchange visitor visa applicants to ensure compliance with the legislation."

Private Bill Introduced
A private bill was introduced in the House of Represenatives for the relief of Anisha Goveas Foti.

DOJ On Creppy Memo
The Department of Justice released a statement saying "opening sensitive immigration hearings could compromise the security of our nation and our ongoing investigations, by revealing valuable information to terrorist organizations seeking to harm America" in connnection with litigation currently before the courts.

Nevada Possession Of Controlled Substance Is Aggravated Felony
In US v. Arellano-Torres, No. 01-10705 (9th Cir. Sep. 18, 2002), the court held that Defendant's possession of a controlled substance in violation of Nevada law was an aggravated felony as defined by 8 USC 1101(a)(43) because it was punishable by the Controlled Substances Act and because it was punishable by more than one year's imprisonment under applicable state law which mandates that a term of imprisonment of upto four years be imposed, and further requires that probation be granted for first-time drug possession.


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Colorado Fracas Spotlights Need To Change Immigration Law
An opinion column in the Denver Post says even if we "make it easier for people to become legal residents. There will still be an outcry. For some, the problem isn't with the word "illegal," it's with the word "Mexican."


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Classifieds

Help Wanted - Experienced Immigration Attorney
Do you want to join a winning team? Are you energized by challenging opportunities in employment-based immigration law? If so, read on: Nationally prominent, well established West Coast Immigration Law Firm with focus on employment-based immigration seeks an experienced immigration attorney who is a self-starter and a team player to help open and manage an office of the firm in Manhattan. Successful candidate will have (1) at least five years of substantial experience in all phases of employment-based immigration (with experience in family-based immigration, deportation-defense and the immigration consequences of criminal convictions all a plus), (2) excellent writing, communication, technology and people skills; (3) membership in the New York state bar; (4) verifiable references and high ethical standards; (5) a track record in motivating, managing and leading immigration paralegals; (6) proven talents in marketing and business origination; (7) a passion for immigration law and an equal passion to help people; and (8) a desire to work with a diverse and top quality team of lawyers and paralegals who mirror excellence in client service and dedication to advancing the field of immigration law. If you have a drive to succeed and you meet or surpass our requirements, then send your resume and a letter describing your interest, qualifications, financial requirements and career goals in strict confidence to aap@entertheusa.com.

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
For information on advertising in the classifieds please click here

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Letters to the Editor

Dear Editor:
This is getting silly. Douglas Duerr was correct in his letter of 8/22, as you graciously conceded at the time, that the phrase "to remand back" a case from a higher to a lower tribunal is redundant. "Remand" has within it the sense of "back" ( you can't remand something forward.) To the "immigration Atty. in Minnesota" (remember--the top English student graduate from a major university, former law review member and published author--blimey!), I recommend more careful reading of texts before firing off lengthy replies to things not said. Brother Duerr's criticism was not of a helpful re-statement in plain English of a legalism possibly unfamiliar to some readers, but of a semi-literate misuse (surely accidental!) of the language, akin to a restaurant patron inquiring as to the ingredients of the "soup du jour of the day," my personal favorite. Oh, yes--and it's "tautology," not "totology." Hang in there, Doug!

Jane A. Hanson, Attorney at Law

Dear Editor:
From where do you obtain the latest BALCA decisions that are listed in your daily e-mails? Does BALCA have its own website? If so, could you please provide me with the url?

John Abram, Esq.

Editor's Note: BALCA decisions have been available for years on the DOL website. The DOL website has been periodically upgraded and changed, with frequent changes in the URLs. There is no URL at this time for BALCA that we know of. We regularly search through a large number of internet sources to bring you all the immigration law content in Immigration Daily every day. Many of these searches involve complex databases, not just a URL that can be clicked on. We also receive a limited amount of public information directly from a few government sources.

Dear Editor:
Rep. Tom Tancredo's recent effort to have deported a student from Mexico reported in the Denver Post highlights the dehumanizing affect the immigration laws have on people who come to the United States without proper documentation. By labeling these people as "criminals," Rep.Tancredo generalizes them as people not worthy of respect. In doing so, he is able to stoke the passions of prejudice present in our society without suffering any political damage. If these people are less than human, who will stand up for them. If these people cannot vote, they are a constituency without political clout. They can be the targets of ridicule without any danger of experiencing any backlash.

I will never forget listening to a discussion on talk radio with one of Denver's most conservative talk-show hosts. The topic was illegal immigration and its cost to society. A caller during her conversation referred to illegal immigrants as nothing better than "vermin" or their equivalent. To his credit, the talk-show host hung up the caller and went into a long tirade how these people are human beings and that should not be forgotten. Perhaps Rep. Tancredo needs to be reminded of this fact.

Charles E. Stuart
Attorney at Law

Dear Editor:
I've just read the letter by Mr. Jaramillo in the 9/17/02 edition of Immigration Daily in which he urges you not to "forget about Tancredo"; he states that Tancredo doesn't "deserve any comments, mentions or editorial time".

He, like many others on both sides of the immigration "debate" (or lack thereof), doesn't wish to hear dissenting opinions. Even though it may be more pleasant to hear only from people who agree with us, that's not going to help this country decide what we're going to do about the immigration "problem".

John H. Frecker
Baileyville, ME

Dear Editor:
As far as Tom Tancredo's legitimacy goes when it comes to immigration issues everyone should check out the Southern Poverty Law Center's study showing his links to anti-immigrant groups and more. Truly a must read!

JR


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 editor@ilw.com. 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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