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Registration Deadline Is Thursday, April 24th!
Labor Certification is a half-broken system today, with RIRs working for
some combinations of occupations/Regions and not for other combinations.
Prevailing Wages, the "oxygen of the labor certification system," continue
to raise problems for even the most seasoned practitioners. Labor cert
strategy today requires constructing the proper 750A form and the
appropriate recruitment, while keeping in view DOL's ever-changing
standards as they interplay with INS practices on "or equivalent," a
minefield where certified cases meet their doom at the I-140 stage. Looming
over all else is the shadow of PERM, which is always just coming but never
quite arriving. This is the background for ILW.COM's new seminar
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registration information, please see: http://www.ilw.com/seminars/april2003.shtm. For the fax version, please see: http://www.ilw.com/seminars/april2003.pdf. The registration deadline is Thursday, April 24th.
Power Play? Attorney General Gives Immigration Enforcement to FBI
Maurice Belanger of the National Immigration Forum writes "Until recently, enforcement of civil immigration laws was left to trained officers of the INS."
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Immigration Law News
DHHS Updates Poverty Guidelines
The Department of Health And Human Services updated its poverty guidelines, which is used to determine how much sponsors of immigrants must earn in order to meet the affivadit of support eligibility requirements.
10th Circuit Explores "In Furtherance" In Connection With 8 USC §1324
In US v. Hernandez, No. 02-2072 (10th Cir. Apr. 22, 2003), the court said that the district court erred in concluding that the defendant was not transporting [certain aliens] "in furtherance" of a violation of 8 USC §1324.
Conviction Under NYPL 125.15 Is Not A Crime Of Violence
In Jobson v. Ashcroft, No. 02-4019 (2nd Cir. Apr. 22, 2003), the court said that it agreed with Petitioner that the Board of Immigration Appeals (BIA) erred in holding that he was deportable as an alien convicted of an aggravated felony, since Petitioner's conviction under New York Penal Law 125.15 was not a crime of violence within the meaning of section 18 USC 16(b).
Connecticut 3rd Degree Intentional Assault Is Not a Crime Of Violence
In Chrzanoski v. Ashcroft, No. 02-2531 (2nd Cir. Apr. 22, 2003), the court said that "Because the INS premised its authority to order Petitioner removed on its determination that intentional assault in the third degree [under Connecticut Law] was a crime of violence under [18 USC] 16(a), it committed legal error, and the petition for a writ of habeas corpus should have been granted."
Deal On Housing Immigration Detainees May Soon Close
The York Daily Record of York, PA reports "York County Prison in Springettsbury Township began regularly housing prisoners for the U.S. Immigration and Naturalization Service — now a part of the Department of Homeland Security — in the mid-1990s. Over the years, the county’s rate for a housing a prisoner has gradually risen to $60."
Special Registration INS Detainee Who Lied To His Boss About His Whereabouts Has Happy Ending
The Orange County Register reports "An Iranian national who lives in Anaheim Hills, was taken into custody by the Immigration and Naturalization Service for a decade-old visa violation. The two-day detention he had expected turned into a 2 1/2-month ordeal. When his boss didn't hear from him 2 1/2 months, he hired someone else to do his job...
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Letters to the Editor
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