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Immigration Daily May 13, 2003
Previous Issues
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Editor's Comments

Contribution To 17 Non-Profits

Following the 9/11 attacks, ILW.COM organized a telephonic seminar series "Immigration Implications of the September 11th Tragedy" moderated by Stephen Yale-Loehr, and co-sponsored by AILA and CINL/ABCNY. The series was created to provide people with timely and reliable information about the immigration implications of the 9/11 tragedy. From the dozens of positive feedback responses received and the seminar's large attendance, the seminar was a success by all standards.

This seminar was not part of the the usual for-profit seminar series that our company organizes each month at $499 per series. The 9/11 series was offered at $99 per series, and we had not expected that there would be anything left over. To our surprise and delight, however, we were left with many thousands of dollars. We are committed to distributing this sum to immigration-related non-profits. Accordingly, in April we sent a check made out to the American Immigration Law Foundation for $4,000. Last year, we solicited and received suggestions from the attendees of the seminar about other non-profits to whom we could contribute some monies, and we received a total of 17 names during the exercise. Today, we are sending checks for $100 each to these 17 organizations:

Freedom House, Detroit
The Lawyer's Committee for Civil Rights Under Law of Texas/Immigrant and
Refugee Rights Project, Texas
Legal Aid Society, Rochester
International Institute of Connecticut, Connecticut
International Institute of Buffalo, Buffalo
Capital Area Immigrants' Rights Coalition, Washington, DC
Northwest Immigrants Rights Project, Seattle
Gay Men's Health Crisis, New York
Midwest Immigrant and Human Rights Center, Chicago
Immigrant Legal Resource Center, San Francisco
Catholic Social Services, Atlanta
National Immigration Project, National Lawyers Guild, Boston
Asian American Community Service Association, Oklahoma
ABA Commission on Immigration Policy, Practice and Pro Bono, Washington, DC
ABCNY/Committee on Immigraiton and Nationality Law, New York
National Immigration Forum, Washington, DC
NAFSA, Washington, DC

Approximately $2,000 remains and we would like to distribute this amount to aid the relatives of the undocumented immigrants who perished in the 9/11 tragedy (provided that they have not already received anything from the Federal government). We have heard there are several projects out there doing just that; aiding relatives of the undocumented victims of 9/11. If any of our readers know about any of these programs, we'd love to hear from you. Any help from a reader which leads to us identifying an organization to which we can disburse funds will be gratefully acknowledged. Email us at:


Deadline Is Tuesday, May 13th!

Tuesday, May 13th is the deadline to sign up for the May 16th seminar session ""Labor"-Intensive Immigration Practice: Advanced DOL Strategies on the Eve of PERM". Speakers for this series include Angelo Paparelli, Rebecca Burdette, Steven Clark, Allen Kaye, Cheryl Lenz-Calvo, Edward Litwin, Joel Stewart (other speakers to be announced). For more info on this phone seminar series, including detailed curriculum, speaker bios, and registration information, please see: For the fax version, please see:

Featured Article

Vague Or Not Vague, That Is The Issue - Update On 2nd Circuit's Disposition Toward Testimony And Evidence In Asylum Hearings
Oliver H. Qiu, Esq. And Tao Lin, Esq. write "For advocates of international human rights under the jurisdiction of the second circuit, we have long peeked at the "liberal" decisions decided by the ninth Circuit with an envious yet unyielding hope for a change of life.

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

GAO On Big Brother's Alien Interviews
The General Accounting Office of Congress (GAO) released a report titled "Justice Department's Project to Interview Aliens after September 11, 2001", which stated, "the GAO recommends that the Attorney General initiate a formal review of the project and report on lessons learned."

BCIS Clarifies Position On Filing a Waiver of the Joint Filing Requirement Prior to Final Termination of Marriage
A memorandum from the Acting Associate Director, Operations at the Bureau of Citizenship and Immigration Services to all BCIS service center directors, regional directors and district offices clarifies the INS's position on whether a conditional resident can file a waiver of the joint petitioning requirement on Form I-751 after commencement of divorce or annulment proceedings but prior to final termination of the marriage.

Plain Language Will Not Be Ignored
In US v. Avila-Macias, No. 01-4307 (3rd Cir. Jan. 23, 2003), the court said that "we will not ignore the plain language of [8 USC] Section 309(d)(2) or the other provisions of IIRIRA which eliminate the distinction between deportation and removal in order to read [8 USC] Section 309(d)(4)(J)."

Marriage Fraud Case Affirmed
In US v. Rashwan, No. 02-5004 (4th Cir. May. 8, 2003), the court affirmed a marriage fraud case.

No Due Process Violation Where Defendant Voluntarily And Intelligently Consents To Removal
In US v. Reyna-Tapia, No. 01-10415, 01-10416 (9th Cir. May. 9, 2003), the court said that Defendant was aware of his rights and voluntarily and intelligently consented to removal, and that he "pointed to nothing in the record challenging the district court's conclusion or otherwise establishing that his due process rights were violated."

Court Rejects Argument Of Defendant Who Said He Did Not Know He Was Breaking The Law By Returning To US Where His Family Needed Him
In US v. Villanueva-Basurto, No. 02-3575 (8th Cir. May. 9, 2003), the court in rejecting Defendant's argument that his sentence was unfair because he did not know he was breaking the law by returning to the US to his family who needed him said that Defendant stipulated to a greater sentence in his plea agreement than the one he received.

DV Writ Of Mandamus Denied
In Ahmed v. DHS, No. 02-1467 (7th Cir. May. 9, 2003), the court in rejecting a writ of mandamus claim likened the diversity visa to the Publisher's Clearinghouse and discussed the doctrine of consular nonreviewability.

9th Circuit Reverses BIA's Adverse Credibility Determination Of Victim Of China's Population Control Policies
In He v. Ashcroft, No. 00-70652 (9th Cir. May. 12, 2003), the court held that the Board of Immigration Appeal's (BIA) adverse credibility finding was not supported by substantial evidence and that based on Petitioner's credible testimony, concluded that Petitioner must be deemed a "refugee" under the INA because of his wife's forced sterilization in China. The court also said that "We do not underestimate the difficulty of the task performed by the IJ and the BIA in making credibility determiantions in particular cases, or the weight placed upon them by their extremely heavy caseload. But for the system to work, the IJ and the BIA must perform their work in such a manner that our deference is deserved. We are sorry to say that in this case it is not."

Violation Of 18 USC 1326 Requires Only An Illegal Return To US And A Subsequent Discovery
In US v. Dixon, No. 02-1586 (3rd Cir. May. 2, 2003), the court said that Defendant could be "found in" the US for the purposes of 8 USC 1326 while involuntarily incarcerated.

Amnesty Amnesia
The Atlanta Journal-Constitution reports "At the White House, the administration has developed an acute case of amnesty amnesia."

GAO Finds Interviews Prompted By 9/11 Is An Utter Failure
The Ohio Dayton Daily News reports "The Justice Department's effort to interview some 7,600 foreigners in the US after the Sept. 11 terrorist attacks was conducted haphazardly, leading to incomplete, inconclusive results, congressional investigators say."

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Help Wanted - Immigration Legal Assistant
The Law Offices of Scott D. Pollock & Associates, P.C. seeks an Immigration Legal Assistant for its growing firm located in downtown Chicago. Fluency in Spanish plus 1-3 years experience in deportation, waiver and family issues is required. Excellent writing, communication & organizational skills are a must. Position involves substantial client contact, affidavit drafting and country conditions research. Send resume, cover letter and writing sample to Scott D. Pollock & Associates, P.C., 105 W. Madison #2200, Chicago, IL 60602 by fax 312-444-1950 or e-mail No phone calls please.

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Letters to the Editor

Dear Editor:
Please accept this as an op-ed piece.

House Committee Resolution on Immigration Stirs Indignation in Mexico

On May 9, 2003 the House Committee for International Relations passed a Resolution conditioning any future immigration agreement with Mexico on the right of U.S. companies to invest in "Pemex" (Petroleos Mexicanos), the state-run Mexican oil monopoly.

The Resolution was to convey the "sense of Congress" about this controversial subject. The initial text by Rep. Robert Menendez (D-NJ) called upon the U.S. to draft a comprehensive bill to gradually legalize undocumented Mexican nationals in the U.S. It was replaced by the text of Rep. Cass Ballenger (R-NC), providing that any immigration agreement would depend on Mexico's willingness to open its state petroleum industry to investment by US companies. The Committee vote was 24 Republicans in favor, 22 Democrats opposed.

Rep. Menendez immediately issued a Press Release asking: "What Does U.S.-Mexico Immigration Policy Have In Common With Access To Oil?" See his website at He stated that his initial text gave the Committee "an opportunity to call upon President Bush to live up to his promise, and to bring fairness and justice to U.S.-Mexico migration policy." What the Committee did instead, he said, "turned a moment of hope and promise into yet another session of partisan politics, intolerance, and disrespect towards our neighbors to our south."

I have not yet received a copy of his Resolution from Rep. Ballenger, and my search for it on the internet has been fruitless. My source is therefore La Jornada, the Mexico City newspaper, for May 9, 2003 (my translation). The Resolution authored by Rep. Ballenger addresses Rep. Menendez's question of what access to oil has to do with immigration in these terms: "Pemex, the Mexican state monopoly, is inefficient and plagued by corruption. It needs a substantial reform of private investment in order to offer sufficient petroleum production to Mexico and the United States to nourish future economic growth. This, in turn, would slow down illegal immigration to the US."

A Republican member of the Committee, who insisted on anonymity, made this statement to La Jornada: "The subjects of immigration and Pemex are very emotional for both countries, and it is difficult to discuss them in a rational manner. But they must be discussed for the sake of better relations between the two countries. It is not right that a matter of concern to one country is not also a matter of concern to the other."

President Vicente Fox quickly rejected the "quid pro quo" put forward by the House Committee. His website for May 11, 2003 stated (my translation): "The President made it clear that the negotiation of an immigration agreement between the United States and Mexico has been a priority of his administration since he first took office. But there is no way that the negotiation of such an agreement will be made contingent upon the opening of Petroleos Mexicanos to foreign investment."

What does President Bush have to say to his "amigo" in Mexico? Can all this be ironed out during a weekend at the Crawford Ranch? Or will President Fox, like President Chirac, be among the world leaders who cannot expect an invitation?

Carl R. Baldwin

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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