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Immigration Daily


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Immigration Daily November 27, 2002
Previous Issues
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Editor's Comments

President Bush appointments to the newly formed Department of Homeland Security. Michael J. Garcia, currently the Assistant Secretary of Commerce for Export Enforcement at the Department of Commerce, is to be the INS Acting Commissioner at the Department of Justice following INS Commissioner Ziglar's upcoming departure and Asa Hutchinson has been nominated by President Bush as Undersecretary for Border and Transportation Security.

What does this mean for immigration attorneys? Two things. First, business for immigration attorneys will likely increase as clients scramble to retain counsel in the wake of increased enforcement. Second, the implementation of harsh immigration laws will likely lead to a backlash resulting in more liberal immigration laws in the future.


200,000 Attorney Searches Per Year!

Approximately 200,000 searches are made each year for immigration attorneys on ILW.COM. That's almost 400 searches per year per attorney listed in our lawyer directory. Which means that if you are listed with ILW.COM, then your listing will be searched once each day throughout the year. You need only one client a year to make a profit on your listing! For a personal discussion on listing your practice in our directory, please send an e-mail with your phone number to Alternatively, if you prefer to list yourself on-line, please click here:

Featured Article

That "Special Registration" Mess
Jose Latour writes about the recent INS action designating citizens of Iran, Iraq, Libya, the Sudan, and Syria as subject to "special registration and monitoring and the complications it is causing for clients of immigration attorneys.

Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here:

Immigration Law News

EOIR List of Suspended and Expelled Practitioners
The Executive Office for Immigration Review (EOIR) provided an updated list of practitioners suspended or expelled from practice before the Immigration Courts.

INS Acting Commissioner Lauded By Atty Gen Ashcroft
In a statement referring to President Bush's intention to designate Michael Garcia as INS Acting Commissioner following INS Commissioner Ziglar's departure on November 30, 2002, Attorney General Ashcroft said, "...Mr. Garcia is one of America's top terrorism prosecutors and will lead tough enforcement of our immigration laws to protect Americans from terrorism and secure our homeland."

Atty Gen Ashcroft Applauds Asst Secy Hutchinson Nomination For Bureau Of Border And Transportation Security
On President Bush's announcement of his intention to nominate Asa Hutchinson as Undersecretary for Border and Transportation Security of the Homeland Security Department, Attorney General Ashcroft said, "...While we at the Justice Department are losing a great leader, we are confident that his experience, leadership and dedication will benefit the new Homeland Security Department and the nation. I thank him for his excellent service and wish him success in this new challenge of securing our borders and transportation infrastructure."

Migration & Border Control Are The Agenda For Secretary Powell's Mexico Trip
In remarks en route to Mexico City, Secretary Powell said, "We’re not dragging our feet, we are just facing certain realities that I will discuss with the Foreign Secretary. We are going to move quickly in this whole visa issue."

President Announces INS Acting Commissioner
President Bush announced he intends to designate Michael J. Garcia, currently the Assistant Secretary of Commerce for Export Enforcement at the Department of Commerce, to be the INS Acting Commissioner at the Department of Justice.

Department Of Homeland Security Reorg Plan
The White House released the Department of Homeland Security reorganization plan including its immigration components.

Statute Of Limitations Is Not Fair And Just Reason For Withdrawal Of Guilty Plea When Alien's Use Of Aliases Prevents INS From Becoming Aware Of Unlawful Presence
In US v. Soriano-Hernandez, No. 01-2789 (8th Cir. Nov. 26, 2002), the court said that since Defendant did not raise a statute of limitations defense at the time he pleaded guilty to illegal reentry after deportation, he waived the defense, and said that at the time of his prior arrests in 1992 and 1993, Defendant used aliases which prevented the INS from discovering his illegal presence, and because the INS did not become aware of his presence in the US until June 30, 2000, the five year statute of limitations had not expired when Defendant was indicted on August 16, 2000, and therefore the district court did not abuse its discretion when it determined that Defendant's failure to raise the statute of limitations defense was not a fair and just reason for the withdrawal of his plea.

Non Provision Of Written Conditions Of Supervised Release Is Merely Technical Violation
In US v. Ortega-Brito, No. 02-50114 (9th Cir. Nov. 26, 2002), the court said that even though Defendant did not receive a written copy of the conditions of his supervised release for illegal reentry after deportation from both the district court and the probation officer, this was at most a technical violation, and that he did receive actual notice during a dialog with the sentencing judge.

Cabinet-Level Meeting With Mexico On Migration And Other Issues
The Associated Press reports "Mexican President Vicente Fox, insisting that Mexicans in the United States pose no terror threat, called for high-level discussions to give legal status to at least some of the more than 4 million undocumented Mexicans living north of the border."

Former Terrorism Prosecutor Will Be Acting INS Commissioner
WFTV in Orlando, FL reports "Michael Garcia, a former federal prosecutor who specialized in terrorism cases, will serve as Acting Commissioner of the Immigration and Naturalization Service beginning Saturday, the Justice Department announced Monday."

Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info:


Help Wanted: Experienced Immigration Attorney
Cyrus D. Mehta & Associates, PLLC, a recognized New York-based immigration law firm, is seeking to hire an experienced immigration associate who is well rounded with a high level of expertise in business, family and deportation areas. You must have gained between three to five years of solid experience in immigration law, have very strong writing skills, be a self starter and have already begun to play a leadership role through involvement in bar associations, publishing articles or speaking at seminars. You would also have developed client relations, managed a heavy and diverse caseload and maintained the highest ethical standards. You will ally with a highly motivated principal attorney who is passionate about immigration law in an elegant Wall Street office along with a team of like minded attorneys and paralegal staff. Membership in the New York state bar is a must. If you have a desire to make a long term commitment with the firm as well as rapidly advance your career, write in confidence with a cover letter, resume and financial requirements to Cyrus D. Mehta at:

Labor Certification Advertising
Do you place labor certification advertisements on behalf of your clients?
USADWEB, LLC is the premier ad agency designed with the immigration attorney’s needs in mind. Our job is to make your job easier. Our knowledgeable staff has experience with all types of recruitment media including newspapers, journals, Internet, college recruitment and more. We will provide you with expert guidance on placing advertisements and the lowest costs available from any publication. We offer one stop service and accountability for the entire advertisement recruitment effort. Our job is done only when we have mailed your client’s tearsheet or affidavit to you. You can leave the worrying to us. Reduction in Recruitment (RIR) Advertisements: We will help you establish a recruitment pattern that is acceptable to the Department of Labor (DOL). Simply describe your advertisement needs to us, and we will work hard to satisfy those needs. We offer a wide range of services and bring to the table expert knowledge in DOL compliant advertisement. We work with you to help assure your certifications. Have you been asked to re-advertise based on industry layoffs? With only 35 days to respond to the DOL, you need tearsheets quickly. We make these situations simple and easy for you by providing prompt, efficient service and aggressive follow-up with publications to help ensure you get what you need to complete your case in timely fashion. Regular Labor Certification (RLC) Advertisements: Labor issues are constantly changing. With layoffs prevalent in many industries, many attorneys are turning to the regular labor certification process once more. Our knowledgeable staff can assist you in reviewing SWA (SESA) advertising instructions and placing advertisements. We will proofread your advertisements and place them promptly in the next available publication as SWA instructed. Give us a chance to handle your clients’ recruitment needs. We will impress you! Please visit our website at: For more information, please contact us via email at: or call us at 1-866 USADWEB (1-866 872-3932).

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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For services/products of use in your law practice please click here

Letters to the Editor

Dear Editor:
After 25 years in private practice, I have the honor of being the domestic violence attorney in the US Virgin Islands with Legal Services. I am quickly learning the importance of immigration law. But right now, I need to go to a seminar on basic immigration law. I can't find anything on ILW.COM. I would rather take a course on-line. Can anyone help?

Rob Kunkel
St. Thomas, US Virgin Islands

Editor's Note: ILW.COM has numerous telephonic seminar courses for immigration attorneys, including some basic courses. For more info, please click here.

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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