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Immigration Daily


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Immigration Daily February 6, 2003
Previous Issues
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Editor's Comments

Finding A Long Lost Relative

The readers of Immigration Daily form a community, which albeit online, is a real community of a shared interest in immigration law. We have a human-interest story to report, and a special appeal for someone called "G. Jack," please read on.

In our issue of May 10, 2001, we carried a case styled Pinho v. INS In our issue of June 19, 2002, we carried a letter to the Editor by one "G. Jack" in which s/he said "I am trying to locate a relative desperately," the Pinhos in Pinho v. INS, and appealed to us to find them. In today's issue, we carry a letter to the Editor from the son of the attorney who argued the case offering help to G. Jack to find his/her long lost relatives

Unfortunately, due to a technical problem, a few emails from 2002 were lost on our computers, including the one from G. Jack. If one of our readers writes to us with G. Jack's contact information, we may be able to help lost relatives meet. Please send responses on this matter to


Why Criminal Issues Matter To All Immigration Attorneys

Since IIRIRA, the government has gradually "criminalized" immigration practice, including business immigration practice. About the only thing that is not yet an aggravated felony is jaywalking. Recent government initiatives on Change of Address enforcement and Special Registration will likely morph gradually "criminalizing" immigration practice further as and when non-compliance or late-compliance on AR-11s and registration is transformed from an administrative and technical lapse into a felony. Immigration practice, particularly business immigration practice is slowly changing from being primarily adminstrative practice involving forms to a semi-litigational one where administrative hearings are part-and-parcel of the attorney's lot. To confront the new business realities, it is important for immigration practitioners to arm themselves with the concepts surrounding criminal issues.

Our new seminar "Immigration Consequences of Criminal Convictions: Problems, Solutions and Best Practices" (January 23, February 13, March 20) is led by noted business immigration expert Angelo Paparelli. Joining him is a veritable who's who of experts in this area - Dan Kesselbrenner who is widely revered for his scholarship, Lory Rosenberg who served until recently on the Board of Immigration Appeals, and Norton Tooby who has the most experience in speaking on this topic for many years. Please click on the links below for a detailed curriculum and bios for the speakers.

Whether you are in business immigration practice, family immigration practice, deportation practice or any other kind of immigration practice, you will likely benefit from the wealth of knowledge from this seminar series. You can take our phone seminars from the convenience of your office. Your staff and professional colleagues can also attend the seminars with you at no extra cost on a shared speaker-phone at your office. Our seminar speakers are given sufficient time to explore issues in depth with our audience, including lengthy and detailed Q&A sessions. To propel your practice ahead in 2003, click on the links below to learn more.

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

More Troubling Ashcroft-isms
Jose Latour writes about Ashcroft's new policy regarding the Freedom of Information Act.

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

INS Seeks Comments
The INS extended the comment period an additional 30 days and sought public comments on Form I-515, Notice to Student or Exchange Visitor; Form N-565, Application for Replacement Naturalization/Citizenship Document; and File No. OMB-32,Visa Waiver Program Passenger Arrival and Departure Data.

DOL Wage and Hour Division Recovers $175 Million for Workers In FY 02
The Department of Labor announced that $175 million in back wages collected for 263,593 workers in FY 2002 is the largest amount collected by the department in 10 years. Click here for the press release. Click here for the detailed table providing extensive statistics on the Wage and Hour Division Enforcement.

Asylum Seeker's Motives Do Not Alter Propriety Of His Arrest
In Shqutaj v. INS, No. 02-1909 (3rd Cir. Feb. 4, 2003), the court said Petitioner's motives for his actions did not alter the propriety of his arrest, nor did he provide support for the conclusion that his treatment while in custody in Albania rose to the level of persecution.

Use Of Force Is An Element In Texas Intoxication Assault
In US v. Vargas-Duran, No. 02-20116 (5th Cir. Jan. 16, 2003, revised Feb. 3, 2003), the court revised its Jan. 16, 2003 opinion where it found that because the Texas crime of intoxication assault has as an element the use of force against the person of another, therefore the district court did not err in imposing the 16-level enhancement under Section 2L1.2(b)(1)(A)(ii)of the Sentencing Guidelines.

Sixth Circuit Joins Sister Circuits In Stating Prior Conviction Is An Aggravated Felony Under Section 1326
In US v. Murillo-Iniguez, No. 01-3485 (6th Cir. Feb. 5, 2003), the court found that Defendant's prior conviction of importing cocaine was an aggravated felony within the meaning of Section 1326.

Registration Regulations Cannot Be Understood By Cabdrivers/Restaurant Workers
Writing in the Washington Post, a Pakistani national who is a visiting fellow at the Brookings Institution says "In a matter of moments I was transformed from research scholar at a venerable Washington think tank to suspect, from a person with a name and a face to a "body," a non-person ... I did not know I was in violation of the INS policy. Brookings did not know I was in violation. My friends in the State Department did not know I was in violation. And if -- even after following the policy closely and calling the INS for information -- we could not understand the law, what hope can there be for the cabdriver or the restaurant worker who doesn't have the leisure to discover the letter and intent of INS policies?"

If Separation Of Nuclear Family Is Not Extreme Hardship, What Is?
An opinion piece in the Arizona Republic about the ridiculous concepts enshrined in IIRIRA says "In the eyes of the INS, [the husband] would not experience extreme hardship if his wife were torn from her family, leaving him alone to feed, clothe and nurture their four children. The INS does not view the burden of meeting monthly mortgage payments without his wife's income as extreme hardship. Nor does the INS think that it would cause [the husband] extreme hardship to be separated for three years from his wife of eight years. If all of this would not cause a U.S. citizen extreme hardship, it is hard to imagine what would."

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:


Web Technology For Immigration Attorneys
INS Experts is offering its technology to Immigration professionals and law firms interested in establishing a visible presence online. INS Experts possesses the technology to enable organizations to create Immigration modules integral with their unique look and feel. The cost of setting up this technology is minimal and the time required for implementation is a few months. Law firms can also utilize the INS Experts technology to prepare the INS applications through a unique and highly interactive web-based technology. Law firms can either offer this service directly to their clients through their internet/ intranet sites, or their internal staff can use the INS Experts site to prepare the applications. You can benefit from our technology, with no significant investment on your part. Law firms can break away from the traditional, paper oriented, and change resistant image of the immigration law industry. For further information, visit our website: or if you have any questions, please contact: Puneet S. Parmar, Director of Business Development, INS Experts Inc., 12280 Saratoga Sunnyvale Road, Suite 116, Saratoga, CA 95070, Phone: 408-517-4212, Fax: 408-446-0771, Email:

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

For a listing of current immigration events please click here
For services/products of use in your law practice please click here

Letters to the Editor

Dear Editor:
To Angie and her critics, right on sister - for having the courage to make that statement about this country having been built on the backs of those we enslaved and stole land from. As for literacy - well, focusing on the alleged illiteracy rate among the foreign born detracts our attention from the illiteracy rate among our native-born population, just like focusing on the cost of health care for the undocumented distracts us from the failure of our system to provide access to affordable health care for our own citizens and legal residents ( refer to the lip service paid to the topic in Bush's State of the Union address). The provision of free health care and other services to the undocumented may in fact be a huge problem and a drain on our economy, but I would like to see a more scientific study on the matter. For example, when we say "foreign born"in the Florida hospital treatment example, are we necessarily referring to the undocumented or illegal aliens? After all, Henry Kissinger was "foreign born". When we say "uninsured" - is it possible that they are uninsured because, although they work full-time, their employers don't provide health insurance? If so, who is really at fault? Furthermore, whenever we scapegoat immigrants for our economic ills, we forget about their immeasurable contributions. What about all the undocumented immigrants who pay taxes under false social security numbers and are never able to obtain the refunds owed to them? What about all the businesses that grow and prosper because they pay their workers a substandard wage with no vacation, sick days or other benefits Americans take for granted? What would Americans pay for a head of lettuce or a donut if it was picked or baked by their fellow countrymen with health coverage, paid vacation and a 401(k)? What would we pay to eat out if the busboys, dishwashers and prep cooks were Americans? Sure there are some geographic pockets in the U.S. where the cost of living is still reasonable enough that Americans can do these jobs and still afford to pay rent and run a car, but certainly not in the major cities or on either coast, and yet many immigrants manage to do it, and still have money to send home. Perhaps we should take home economics classes from them. To the critic of the H1B program, I would like you to know that the individual responsible for the watermark on the paper on which the U.S. dollar bill is printed was an Italian H1B, and is perhaps the foremost watermark specialist in the world. Do you think that eliminating the H1B program is going to enable Americans to master overnight an art that the Italians have been perfecting since the Renaissance? Another fact - one of the underground electrical superintendants on a massive east coast harbor tunnel project was a Brit, one of a handful of outstanding members of his trade in the world - and he was paid far less than the American union electricians he supervised. Think of it this way - for every highly skilled foreign worker employed strategically in a given company, hundreds of potential jobs may be created for American workers. After all, if the company loses its competitive edge, and the plant closes, everyone goes down, "American", "foreign-born" and "undocumented" alike. Shouldn't we rejoice that we can attract the best and the brightest in their fields from the four corners of the earth? Why don't the malcontents vent a little more of their frustration on the Enron-type criminals and corporate robber barons who export jobs and exploit workers? It's either that or accept the theory that corporate profit trickles down to benefit us all in the end and continue to grapple with the various unpleasant consequences.


Dear Editor:
Angie asked what skills it takes to "succeed" in America. In reply, generally having more than a sixth grade education. For "success", I define a pretty low standard: being able to support one's self and one's family. If the immigrants which were the focus of this discussion were "succeeding" in the US, then we wouldn't have an argument--they wouldn't be receiving medical services at taxpayer expense, and the schools their kids go to wouldn't have problems paying for programs--the taxes immigrants paid would more than cover them. But poorly paid jobs usually don't come with medical benefits, and taxes, even if they are paid, don't begin to cover the costs of educating even one child, particularly if that child needs bilingual instruction. As for college-educated Americans doing the jobs illegal aliens do--if that is the case, then the illegal aliens definitely shouldn't be here. Remember, the gist of the arguments for illegal immigration is that these people do the jobs Americans won't do. Not that I really believe that either. In any event, it's one thing to have to provide medical care and education for citizens; it's quite another to knowingly import people who can't support themselves or their families.

Ali Alexander

Dear Editor:
Its very surprising as well as sad, that people come to the US as visitors, stay here illigaly and after some years are able to stay here. People also obtain H1 visas, and are allowed their immediate families are allowed to come with them, not to break the family so they can stay together. But people like me, after getting an immigrant visa, on a family basis, and after many years, still cannot bring my children, just because they are over 21 age. I have to leave them behind alone. My family will be apart for years, until they get their visa.

Mahesh M. Patel
Lilburn, GA

Dear Editor:
In his recent letter, while factually correct on the issue , Ali Alexander does not take into account that English is not the official language of the US. In fact, the good old English speaking US, with its 350,000,000 some English speakers, does not have an official language, as do many other countries of the world. The "English only" dilemma will not be resolved until Congress resolves it by law. Of course to do this will step on the cultural toes of many minorities, Hispanics mainly, who will adamantly oppose any such law. Our country may be "of the people, by the people and for the people", but the question is - what people? - all the people? - WASPs? - Latinos? - Chinese? - the minority having the largest majority of the minorities? - the minority with the most votes? - or the most money, or the most Anglo? - raising the issue of who is an American anyway, in this melting pot of ours? All will agree, we must have a language in which to conduct public education, business and governmental affairs, and Esperanto met its fateful demise years ago, so why not English? Or should we let the tail wag the dog on the language issue? Some would have it that way, under the disguise of preserving cultural heritage. Well, then, I vote for the language of my maternal ancestors - Czech it is then.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
My father's name, John D. Perez, appeared in a letter to the Editor in June 2002 (re: finding a lost relative). He's an immigration attorney who argued Pinho v. INS in front of the US Court of Appeals for the Third Circuit. The person wrote that he/she was looking for information as to the whereabouts of Fernando and/or Maria Pinho. I would be happy to pass along any information that my dad may have.


Editor's Note: Please see Editor's Comments above.

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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