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Immigration Daily

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Immigration Daily January 9, 2003
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Editor's Comments

Experience has shown that free markets go through cycles: up and down. Lately, business immigration is experiencing a down cycle, family immigration cases are steady, and deportation/litigation business is exploding, thanks both to the increased enforcement and to the surge of denials issuing from the BIA. Many law firms had gotten accustomed to a large stream of revenue from business immigration, and these firms are now suffering, particularly those who had hitched their fortunes to the technology industry. Experience with previous down cycles in other industries demonstrates that the best business strategy during a downturn is to hang in there. Of course cost reduction is a must to survive, but the rewards come when the market turns around and expansion begins. During expansion, those who hung in there are very often the ones to reap the largest rewards, while those who exited the market during the down cycle, must fight their way in again. Business immigration practioners would do well to heed this time-honored practice of dealing with downturns. What is striking and different in this particular downturn is that the overall economy and hiring are not the only areas that are in the dumps -- attorneys' spirits are also down. In attempting to mobilize for a war against the terrorists, the government appears to be mobilizing for a war against immigrants instead. This creates an atmosphere of distrust and frustration, resulting in attorneys' spirits to be down along with their businesses. Despite the current doom and gloom, we remain optimistic. The fundamental realities of the American economy point to an increased role for immigration in the future -- hanging in there appears to be the best policy.


Curriculum for "Immigration Consequences of Criminal Convictions: Problems, Solutions and Best Practices"

The following is the curriculum for "Immigration Consequences of Criminal Convictions: Problems, Solutions and Best Practices"

FIRST Phone Session on January 23: What is a "conviction" and how to avoid its immigration consequences?

  • How does the INA define "conviction"?
  • How do the BIA and courts interpret "conviction"?
  • Exceptions: Are there any exceptions?
    1. Diversion and deferred adjudications
    2. Expunged convictions and Federal First Offenders Act (FFOA)
    3. Juvenile/youthful offender offenses
    4. Vacations
    5. Pardons
Hypo: How can a conviction be avoided (pre-plea diversion), and what ways exist to render a conviction ineffective for immigration purposes?

SECOND Phone Session on February 13: How to analyze the immigration consequences of a given conviction?

  • Determine the elements to be proved under a state or federal criminal statute
  • Determine the range of immigration violations triggered by a conviction having such elements
Hypo: Conducting a pre-plea consultation with criminal defense counsel
  • Determine the parts of the record of conviction that will be examined later
  • Construct a "safe plea" to a harmless statute or to a harmless provision of a divisible statute
Hypo: Applying the analytical method: selected grounds for deportation for analysis
  • Crimes of domestic violence
    1. as a crime involving moral turpitude (CIMT)
    2. as a crime of violence
    3. as a crime of domestic violence
  • Possession of a controlled substance
    1. as a controlled substance
    2. as an aggravated felony
  • Fraud
    1. as a CIMT
    2. as an aggravated felony involving a loss over $10,000
THIRD Phone Session on March 20: Relief from conviction-based deportability under the immigration laws and what post-conviction actions may be needed to establish eligibility?
  • Relief from removal in immigration court. Eligibility for asylum, Violence Against Women Act (VAWA), cancellation and other relief
  • Post conviction relief in criminal court
    1. Vacating guilty pleas
    2. Modifying sentences
Hypo: How can a conviction or sentence be ameliorated to avoid ineligibility for relief from removal?

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

The Veerapol Decision: Law Informed By Compassion
Christine Flowers writes about how the Veerapol decision underscores the difficult situation in which many immigrants find themselves in this post 9/11 climate.

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Immigration Law News

DOL Issues TEGL 12-02 For Guidance On H-2Bs In Landscaping Industry
The Employment and Training Administration of the Department of Labor issued
TEGL 12-02, a guidance letter to provide clarification to State Workforce Agencies (SWA) with regard to the processing of H-2B temporary applications for some jobs in the landscaping industry.

INS FY 2003 Budget Summary
The INS of the Department of Justice released its fiscal year 2003 budget summary, including: a ten-year display of budget authority and positions, the FY 2002 account structure - old 104, the FY 2002 account structure - new 105, a summary of requirements, total funding summary by program, immigration enforcement, immigration services, and support and administration.

INS Announces New Rule for the Adjustment of Status of Certain Nationals from Vietnam, Cambodia, and Laos
The INS released a press statement about a final rule that became effective December 26, 2002 that will provide for permanent resident status to as many as five thousand eligible individuals from Vietnam, Cambodia, and Laos.

Review Of The Merits Renders Habeas Claim Moot
In Suarez v. Rooney, No. 02-6170 (4th Cir. Jan. 6, 2003), the court said that Petitioner's petition for review on the merits of his removal proceedings based on his claim of US citizenship renders his 28 USC 2241 habeas petition moot.

Substantial Evidence Supports BIA's Denial Of Asylum
In Cetin v. INS, No. 02-1315 (4th Cir. Jan. 6, 2003), the court said that substantial evidence supported the Board of Immigration Appeal's and Immigration Judge's conclusion that Petitioner failed to establish a well-founded fear of persecution necessary to qualify for relief from deportation.

Police Narrative Is Reliable Information Supporting Upward Departure
In US v. Villalobos-Cuellar, No. 02-1923 (8th Cir. Jan. 6, 2003), the court said the district court did not abuse its discretion by departing upward in sentencing Defendant for illegal reentry following deportation since the basis for departure rested on reliable information obtained from police narrative, and this was the type of document that one would expect to contain truthful statements, and Defendant's criminal history category did not accurately summarize his past conduct or take into account the likelihood of recidivism.

Specific And Cogent Statement By IJ Not Overcome In Asylum Appeal
In Matovu v. INS, No. 02-1495 (4th Cir. Jan. 6, 2003), the court said the Immigration Judge's articulation of points on which Petitioner's credibility was questionable were specifically and cogently stated and said that the evidence did not compel a finding of fear of persecution.

INS Employees' Fear Of Reprisal Slams Immigration Services
The Houston Chronicle reports "... medical administrators and immigration lawyers across the country report the INS has all but slammed the door on the prized O-1 visas, leaving physicians ... and the communities that depend on them in legal limbo. Many immigration experts believe it's a backlash that has less to do with security than with INS employees' fear of reprisal."

Failure In Immigration Policy Is That Willing Workers Cannot Meet Employers Willing To Hire Them
An editorial in the Arizona Republic refers to "evidence of the failure of an immigration policy that attempts to prevent Mexican laborers from entering a country and then rewards them with work once they arrive" and calls for "a sane and humane policy that facilitates the safe, orderly movement of Mexico's supply of willing workers to meet America's continued demand for their labor."

Demand For Labor, Not Family Ties, Is Source Of Immigration
The Denver Post reports "the most powerful factor in creating waves of migrants - trumping all others - is demand for their labor. A study released last month by Northeastern University found that 8 million immigrants had joined the labor force between 1990 and 2001, accounting for half of the new wage earners."

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Letters to the Editor

Dear Editor:
Amen to your Jan. 7th comments. What a horrible joke! I look like an fool and my clients get made a fool of!

Name Not Supplied

Dear Editor:
Many of us that practice immigration law are zealous about providing competent advice and representation to our clients, albeit within the confines of the current law. We are pro-immigration minded, but understand that there are justified reasons behind new and proposed laws (i.e. special registration). You would do a service to your readers and publication by eliminating the sarcasm and extreme liberal ideas in your editorial comments. More specifically, your Jan. 7th comment that "it would be hilarious that some at the DOJ seriously believe that a terrorist will step forward and be registered" is wholly inappropriate. There are obvious reasons for registration purposes, and yes, security does need to be improved in this country. Try to keep that concept in mind before ridiculing our governmental attempts at the same. No process is ever perfect from its inception.

Kendra L. Bunn, Esq.
Jacksonville, Florida

Dear Editor:
Obviously, New York Mayor Bloomberg wasn't paying attention after the last amnesty was granted. The problem wasn't "solved" and won't be solved by another amnesty. Anyone with a single functioning braincell knows that rewarding people for breaking the law does not discourage other people from breaking that same law. If it did there would be no need for another amnesty because there would be no illegal alien problem. I noticed that there has been no response to the individual who asked when, if ever, there will be justice for those people who follow the rules yet wait years to get their families here. These are US citizens but there are no letters to the editor of the New York Times or front page stories about these people. Also, I would love to know where the information comes from that is trumpeted from the rooftops that illegal aliens only take jobs that US workers won't do. With the unemployment rate at about 6% I seriously doubt that a US worker would turn down a job such as the airport worker who was recently arrested for using false documents. I know many people who would love to make the salary she was making. Actually, I know where the (mis)information comes from. It comes from those who will do or say whatever necessary to get what they want, another blanket amnesty. Of course this will need to be repeated in the next 10-15 years because by then we will have millions more illegals who were encouraged to sneak across the border knowing full well someone will lobby for yet another amnesty to "solve" the problem. There is an old saying, "those who do not learn from the past are doomed to repeat it". Does anyone see a pattern 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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