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Immigration Daily March 27, 2003
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Editor's Comments

Tyson Foods Acquitted

CNN.COM reports "A federal jury acquitted Tyson Foods and three other defendants on all charges in an immigrant conspiracy case." For the full report, please see: For the company's statement after the jury verdict, please see:


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Featured Article

How to Avoid the Dreaded Request for Evidence: H-1B's and L-1A's
Carl Shusterman writes "A request for evidence (RFE) from the INS cannot always be avoided, but by following the suggestions, you should be able to at least minimize those "dreaded RFEs".

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Immigration Law News

SSA Proposes Changes To Evidence Requirements For Assignment Of SS#s
The Social Security Administration (SSA) issued proposed rules to change the evidence requirements for the assignment of SSNs, including various immigration-related provisions.

Congressmen Speak On Undocumented Immigration
During a debate in Congress, Rep. Tancredo (R-CO) said, "...[Immigration] is one of the most challenging aspects of domestic policy. It has ramifications that go on and on and on. They will affect every aspect of our life."

Sen. Ensign And Cornyn Added As Cosponsors Of Bill Supporting The State Criminal Alien Assistance Program
Sen. Ensign (R-NV) and Cornyn (R-TX) were added as cosponsors of S. 460, a bill to amend the INA to authorize appropriations for FY '04-'10 to carry out the State Criminal Alien Assistance Program.

FBI Interviews With Iraqi-Born Individuals Are To Protect Them From Hate Crimes
FBI Director Mueller announced that as part of Operation Liberty Shield, the FBI is interviewing "a number of Iraqi-born individuals and others in the US to assure them of the FBI's responsibility to protect them from hate crimes and to elicit information on any potential operations of Iraqi agents or sympathizers."

DOL Says Employer Has Burden To Give Notice Of New Address
In the Matter of US Dept. Of Labor - West Covina, CA, Administrator, Wage & Hour Division v. Vibex, Inc., No. 2003-LCA-9 (OALJ, Mar. 25, 2003), the Office of Administrative Law Judges said that when an employer whose labor condition application had been granted, changes its address, the employer had the burden to give the Secretary notice of that new address and that the Secretary need not search out an errant employer who moved, and left no forwarding address, in order to take action and provide relief to H-1B workers.

White House Prepares Report To Congress On Data Sharing Capabilities Of Various Government Agencies
The White House released the text of a letter connected to a report sent to Congress on identifying Federal law enforcement and intelligence community information identified as necessary by the Department of State (DOS) to screen visa applicants and the Department of Homeland Security (DHS) to screen applicants for admission to the US, and to identify those aliens inadmissible or deportable under the INA.

Anders Motion Is Granted Where No Error In Court's Sentence Calculation Found
In US v. Hernandez-Morales, No. 02-1258 (10th Cir. Mar. 25, 2003), the court said that the district court properly applied the criminal points for Defendant's previous convictions in a case involving an alien who had previously been convicted of second degree assault, and granted counsel's Anders motion.

Nevada Conviction For Lewdness With A Child Under 14 Years Of Age Is Sexual Abuse Of A Minor
In Cedano-Viera v. Ashcroft, No. 01-70622 (9th Cir. Mar. 26, 2003), the court said that since Petitioner was removable on account of his conviction involving sexual abuse of a minor, an aggravated felony under 8 USC 1101(a)(43)(A), the Court of Appeals had no jurisdiction to review his constitutional claims.

Use Of Certified Records Is Not Required To Prove A Prior Conviction
In US v. Chavaria-Angel, No. 01-10616 (9th Cir. Mar. 26, 2003), the court said that the district court did not err by relying on uncertified court records to establish the nature of the prior offenses of the Defendant who had been sentenced as an aggravated felon based on his prior state convictions.

County Commissioners Express Frustration At Rising Cost Of Translation Services Provided To Undocumented Aliens
The Ohio Marion Star reports that "Two county commissioners are upset that taxpayer money is being used to provide translation for the defense of illegal immigrants."

Tyson Foods Acquitted Of Hiring Undocumented Workers
The Austin American Statesman reports that "A federal jury acquitted Tyson Foods and three managers Wednesday of hiring illegal immigrants from Mexico and Central America as part of a nationwide conspiracy to boost production and profits."

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Help Wanted - Experienced Paralegal
Maggio & Kattar, a Washington, D.C. immigration firm seeks an experienced paralegal to handle outbound immigration matters for corporate clients. Experience with Canada, UK, China, Mexico, Hong Kong, Singapore and the Philippines preferred. Send resume + salary requirements to Amal Talhame at: or fax (202) 483-6801.

Help Wanted - Experienced Immigration Attorney
Los Angeles's leading immigration firm, Lee & Kent, seeks an experienced immigration attorney with 3+ years of business immigration experience (NIV, IV, RIR, EB-5, removals). Applicant must be energetic, self-motivated, and detail-oriented. Ideal candidate should also possess excellent writing, interpersonal, and communication skills. We offer a competitive compensation and benefits package, plus a performance-based bonus. Send your resume and cover letter (treated in confidence) to:, or fax to: 213-380-2826.

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
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Letters to the Editor

Dear Editor:
C. da Silva's words in his letter were very poignant. It is sad. Lance Cpl. Jose Gutierrez was only 22 years old. He is one of more than 30,000 aliens who have volunteered to serve in the US military (an impressive 2 percent of 1.4 million soldiers). When these aliens volunteered to serve in the US armed forces, they swore to defend the Constitution. Our Declaration of Independence states: ".....that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.....". This Marine died fighting for these rights. Lance Cpl. Jose Gutierrez, I salute you and I mourn for you.

Richard E. Baer

Dear Editor:
In his post dated 3/26/03 "R.E. Baer" wrote: "Work opportunities do not abound in Mexico. The work force exceeds the opportunities. The result is unemployment and poverty." He also says, in part, that "undocumented immigrants" in this country must be "identified and accommodated". If we adopt this solution, and if we "accommodate" every alien, legal or illegal, won't we eventually reach the point where "the work force exceeds the opportunities" resulting in "unemployment and poverty"? At what point would we limit the flow of immigration? The US Census bureau recently projected that the population of this country would be 420 million by the year 2050, up from the 403 million that they previously predicted. Regarding the US Marine killed in Iraq and who had been an illegal alien, he apparently believed enough in this country to serve it. I hope his family can cope and that his memory lives. That said, does his situation "prove" that all illegal aliens are only here to make this a better nation? This young man may have been. But that ignores all those illegal aliens in prison around the country. You could just as easily use them as an example of illegal aliens. It appears that we may have lost a good, young man. That's not an argument for more illegal aliens.

John H. Frecker
Baileyville, ME

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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