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Immigration Daily

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Immigration Daily December 6, 2002
Previous Issues
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Editor's Comments

In a recent Editorial, we inadvertently left out the Department of Health and Human Services from the list of government Departments now enmeshed in immigration-related matters. The revised immigration-related responsibilities in the new shape of the federal government appear to be as follows:

  • Department of Homeland Security - Bureau of Transportation Security, Bureau of Citizenship/Immigration Services
  • Department of State - Consular Affairs, Educational/Cultural Affairs, Population/Refugees/Migration
  • Department of Labor - Employment Training Administration, Employment Standards Administration
  • Department of Justice - Executive Office for Immigration Review, Office of Immigration Litigation, Office of Special Counsel, Office of Special Investigation
  • Department of Health and Human Services - Office of Refugee Resettlement
Fully a third of the fifteen executive departments of the federal government now deal with immigration.


Curriculum For Seminar On Consular/Visa Issues & Border Security

The curriculum for the new seminar on Consular/Visa Issues & Border Security is as follows:

FIRST Phone Session on December 17: Consular/Visa Application Issues

  1. Recent Changes in Consular Processing at Border Posts
    1. Changes to TCN Appointment System
    2. Amendment to the Automatic Revalidation Provision of 22 CFR 42.112(d)
    3. Procedures Followed if Visa Denied
    4. How to get back to U.S. if denied visa at Border Post
    5. Exceptions to 222(g)
  2. Security Checks and the accompanying Delays - Security Advisory Opinions (SAO)
    1. NCIC updated with over 7 million records (even simple offenses)
    2. Visa Condor Checks
    3. Technology Alert List
    4. IPASS
    5. Spot Checks of Visas
  3. Understanding the Revised and New Visa Application Forms
    1. DS-156
    2. DS-157
    3. DS-158
  4. Canadian Landed Immigrants from Commonwealth Countries
  5. Is Revalidation of Visas through DOS still an Option?

SECOND Phone Session on January 17: Inspection/Admission Border Security Issues

  1. Lookout Lists: CLASS, IBIS, CAPS, AIPS, NAILS, NCIC
  2. Special Registration - Designated Ports of Departure (POD)
  3. Data Sharing/Mining
  4. Entry/Exit Control
  5. Admissions under Advance Parole
  6. Automatic Visa Revalidation - 22 CFR 41.112(d)
  7. Student Commuters
  8. Proposed B Regulation including B-2 Prospective Student Notation
  9. Admission Mistakes
  10. AR-11 Issues

THIRD Phone Session on February 17: Summary of Visa/Inspection Issues with main focus on future Additional issues including Homeland Security Act of 2002

  1. Summary of Main Issues from the first two sessions
  2. GAO Study - Border Security
  3. Homeland Security Act
  4. Directorate of Border & Transportation Security
  5. Section 402
  6. Section 428 - Visa Issuance
  7. Section 429 - Visa Denials
  8. Immigration Enforcement Functions:

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

Survey of Post-9/11 Security, Travel and Visa Related Changes in U.S. Immigration Law and Procedure
George N. Lester writes about the changes in the wake of September 11, and how these changes affect the method foreign nationals may be admitted to the US, and what foreign nationals must do after arrival to maintain lawful status.

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

BIA Says Minor Alien Removability Satisfied Based On Information Supplied By Adult Claiming To Be Parent
In re Gomez-Gomez, 23 I&N Dec. 522 (BIA, Dec. 4, 2002) (en banc), the Board of Immigration Appeals said that the INS met its burden in an in absentia removal proceeding and established a minor respondent's removability by clear, unequivocal, and convincing evidence. Documenting information was submitted on behalf of an adult who claimed to be the respondent's parent, and since no independent evidence existed supporting the Immigration Judge's conclusion on the adult's relationship as parent to minor, the information was accepted as true. Furthermore, the BIA said that the minor received proper notification via proper mailing of a Notice to Appear sent to the last address provided by her parent.

BIA Says Removal Proceedings Against Minor Properly Terminated
In re Mejia-Andino, 23 I&N Dec. 533 (BIA, Dec. 4, 2002) (en banc), the Board of Immigration Appeals said that removal proceedings were properly terminated because the minor did not receive proper notification since the mailing of the Notice to Appear was only served on the respondent's uncle and no effort was made to serve the notice on the respondent's parents residing in the US.

Texas Possession Of Marijuana With Mandatory Probation Is Aggravated Felony
In US v. Caicedo-Cuero, No. 02-20751 (5th Cir. Nov. 14, 2002, revised Dec. 4, 2002), the court revised its Nov 14, 2002 decision wherein it found that Defendant's prior Texas conviction for possession of marijuana was an aggravated felony for purposes of sentence enhancement for illegal reentry after deportation, since the mandated probation in Texas for first-time offenders could be revoked and substituted by a term of imprisonment of up to two years and found that the definition of "drug trafficking crime" at 2L1.2 of the Sentencing Guidelines does not supercede that in 8 USC 1101(a)(43) for purposes of the aggravated felony enhancement. In its latter finding, the first on this issue by a circuit court, the court disagreed with two district court findings on this subject in the 5th and 2nd circuits and said that a 16-lebel increase was intended in the case of serious offenses like murder or drug trafficking offenses where the sentence was over 13 months, while lesser penalties were intended for the less serious but still aggravated offenses including simple drug possession.

District Court Decision Not To Grant Downward Departure Based On Cultural Assimilation Is Not Reviewable
In US v. Luevano-Mayorga, No. 02-2351 (8th Cir. Dec. 5, 2002), the court said that the District Court's comments during sentencing adequately showed that its decision not to grant a downward departure to Defendant based on cultural assimilation was a discretionary decision, and therefore unreviewable.

Ninth Circuit Is First To Address Meaning Of "Other Resistance To A Coercive Population Control Program
In Li v. Ashcroft, No. 00-70157 (9th Cir. Dec. 5, 2002), the court, the first circuit to address the meaning of the "other resistance to a coercive population control program" language of section 601 of IIRIRA, held that to take advantage of this language, Petitioner must show that she was (1) persecuted, (2) on account of, (3) her resistance to, (4) a coercive population control program; and found that persecution under the asylum laws does not include every act that our society would deem offensive, rathter it includes only those acts which are extreme, and found that in this case, the Board of Immigration Appeals could have concluded that Petitioner was persecuted, yet the record was not so compelling that it required such a conclusion.

Term Of Imprisonment Is Sentence Imposed, Not Time Served
In US v. Ortiz-Orona, No. 01-1500 (10th Cir. Dec. 4, 2002), the court, responding to Defendant's argument for downward departure for illegal reentry after deportation for an aggravated felony, said that the phrase "term of imprisonment" refers to the sentence that was imposed by the court, and not the time actually served.

District Court's Determination That Criminal History Precludes Cultural Assimilation Is Unreviewable
In US v. Padilla-Michel, No. 01-1527 (10th Cir. Dec. 4, 2002), the court said that it could not exercise jurisdiction to review District Court's determination that Defendant's criminal history precluded his argument for downward departure based on cultural assimilation.

Mexican Migration Accord Must Take Into Account Recent Changes
The Washington Post reports on Secretary Powell's recent visit to Mexico where he said at a press conference "We have to be realistic about the changes that have occurred in the last 14 months."

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Labor Certification Advertising
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Help Wanted: Immigration Legal Assistant
Shulman, Rogers, Gandal, Pordy & Ecker, P.A., Maryland's largest independent law firm outside of Baltimore city (80+ attorneys), seeks an Immigration Legal Assistant to work as a part of its Immigration, Nationality & Consular Practice Group team. Experience is desired in the following areas: employment-based IV (including EB-1, EB-2, EB-3), NIV (including E-1, E-2, H-1B, L-1A, L-1B, O-1), family-based IV, naturalization, adjustment of status, consular processing, I-9 compliance/employer sanctions, and litigation. A college degree and 1+ years of experience are required. The ideal candidate will possess superior analytical, organizational, and communication skills. Must be proficient in word processing, spreadsheet, and immigration forms applications. Duties include heavy client contact, legal research, and immigration petitions. Work with a team of experienced immigration attorneys and professionals who are passionate about the practice of Immigration Law in a fast-paced, collegial setting with all the resources of a large law firm. We offer an excellent salary/benefits package. If you enjoy challenging work with direct client contact and are equally passionate about the field of Immigration Law, we want to hear from you. Send resume and salary requirements in confidence to: Ms. Maura Bowen, Human Resource Manager, Shulman, Rogers, Gandal, Pordy & Ecker, P.A. 11921 Rockville Pike, Third Floor, Rockville, MD 20852 via either fax at: (301) 230-2891 or via email at: For more information, please visit our website:

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Letters to the Editor

Dear Editor:
I am a first generation American and a business plan writer who works with immigrants attempting to invest in this country. The amount of fear and discomfort I experience [against] immigrants today is absolutely appalling. How can a country that is made up of immigrants create such difficulties for those who are not only interested in this country as resident aliens and citizens but are willing to invest large amounts of money and hire local residents? I surely hope that the new Office of Homeland Security is able to better understand what is most obviously a benefit to this country.

Robert N. Reincke, MBA

Dear Editor:
ILW.COM wrote: "We urge those of you who have older versions of Netscape to upgrade to MS Internet Explorer (or to later versions of Netscape Navigator)." and we, your readers, urge the editor to take ILW.COM's web designer out to the woodshed and make ILW.COM accessible once again to your subscribers.

Eugene J. Flynn
Dallas, Texas

Dear Editor:
How often do you update information on processing times? I started looking at this website on Oct. 22, and I noticed that the dates haven't changed since then.

Name Not Supplied

Editor's Note: Department of State processing times change only once a month. However, Department of Labor and INS processing times are updated much more frequently, approximately once a week.

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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