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Immigration Daily May 21, 2003
Previous Issues
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Editor's Comments

Adjusting Thinking About Adjusting Status

Seasoned and novice practices alike often underestimate the complexity and importance of the Adjustment of Status process today. Post-IIRIRA, there has been gradual but fundamental change in this process. It now affects the legal strategy of the entire case from the very beginning (e.g. the labor certification itself). Learning the pitfalls in Adjustment of Status will improve your legal strategy, and benefit your business and family clients. Those who have heard Ron Klasko speak on immigration law know that it is time well spent. Don't miss this opportunity. Wednesday, May 21st is the deadline to sign up for our new seminar on Adjustment of Status. For more info, including detailed curriculum, speaker bios, and registration information, please see: http://www.ilw.com/seminars/may2003.shtm. For the fax version, please see: http://www.ilw.com/seminars/may2003.pdf.


ILW.COM Focus

Deadline Is Wednesday, May 21st!

Wednesday, May 21st is the deadline for an important seminar on Adjustment of Status. This is a critical and perennially important part of the immigration process which has become unexpectedly and surprisingly complex. This comprehensive seminar will be useful to experienced practitioners and paralegals alike, with helpful strategic and practical tips. Recent developments in this area involve concurrent processing, portability, work and travel, status violations and the infuriatingly complex Child Status Protection Act. Being on the cutting edge will give you a competitive edge - just one case justifies the cost. The seminar includes an in-depth Q&A period where you can pose questions regarding your cases to the panel. This seminar is also a great training tool for the entire law firm staff (one registration covers everyone sharing a speakerphone). A word about the panel: Ron Klasko is one of the most popular speakers on immigration law in the country and will generously share his wisdom and experience with you. Joining him is Tammy Fox-Isicoff, who is an accomplished lawyer, and an energetic and dynamic speaker. The seminar is offered by phone, so law offices around the country can participate. The deadline to register is Wednesday, May 21st. For more info, including detailed curriculum, speaker bios, and registration information, please see: http://www.ilw.com/seminars/may2003.shtm. For the fax version, please see: http://www.ilw.com/seminars/may2003.pdf.


Featured Article

The Difficulties Immigrants Face in the Post-9/11 World
Christine Flowers writes "It is not surprising that, in the post-9/11 era - and especially in recent months, during the war on Iraq - immigration law practitioners have witnessed an ongoing revolution in, and evolution of, their field of specialization."


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: http://www.ilw.com/seminars/

Immigration Law News

Legislation Prohibiting L-1 Visa Outsourcing Introduced
During a debate in Congress, Rep. Mica (R-FL) said, "I have introduced a bill which seeks to close a loophole in immigration law by prohibiting the outsourcing of L-1 intracompany transferee visa holders, similar to a provision contained in the H-1B visa program."

Rep. Jackson-Lee Calls For "Rational Immigration Policy"
During a debate in Congress, Rep. Jackson-Lee (D-TX) said, "The only way you are going to beat this is to have a rational immigration policy that keeps out the terrorists and the guys that want to do bad things and the criminals and others but allows a reasonable way to address the question of those who are simply begging to come to this country for greater opportunity."

Secretary Ridge Says Much Progress Has Been Made By DHS
DHS Secretary Ridge issued a statement before the House Select Committee On Homeland Security where he said, "Given that brief [less than four months] time-span, I believe we have made a great deal of progress in this enormous undertaking. s

Fifth Amendment Due Process Violated When BIA Makes Adverse Credibility Determination In the First Instance, And Where Credibility Is Dispositive
In Manimbao v. Ashcroft, No. 00-71329 (9th Cir. May 20, 2003), the court amended its opinion dated Aug. 1, 2002, where it found that the Board of Immigration Appeals (BIA) erred in failing to remand the Petitioner's case to the Immigration Judge for an explicit credibility finding, in a case where credibility was the dispositive issue, and found that the BIA also erred in requiring Petitioner to provide corroborative evidence to meet his burden, when, if his testimony were deemed credible, he would have had no obligation to do so.

7th Circuit Says BIA Rubberstamping Does Not Violate Due Process
In Georgis v. Ashcroft, No. 02-2786 (7th Cir. May 20, 2003), the court said that since it directly reviewed the decision of the Immigration Judge when a case came to it from the Board of Immigration Appeals (BIA) pursuant to the streamlining regulation (aka the curt review procedure), its ability to conduct a full and fair appraisal of the alien's case was not compromised and the alien's due process rights were therefore not violated.

Attempted Reentry Following Deportation For An Aggravated Felony Is A Serious Crime
In US v. Mancia-Perez, No. 01-2129 (5th Cir. May 19, 2003), the court said that "attempted reentry following deportation for an aggravated felony was a serious crime within the meaning of 18 USC 3162(a)(2) because the Defendant's prior conviction, which exposed him to 8 USC 1326(a) liability, was for aggravated assault with a deadly weapon."

No Abuse Of Discretion
In Workneh v. Ashcroft, No. 02-1804 (4th Cir. May 19, 2003), the court said that the Immigration Judge's ruling that Petitioner failed to establish past persecution or a well-founded fear of future persecution, was not manifestly contrary to the law or an abuse of discretion.

Three More Arrested In Illegal Smuggling Operation That Killed 19
The Salt Lake Tribune reports that three more people have been arrested in a smuggling operation that packed dozens of illegal immigrants into a sweltering semitrailer last week, killing 19 of them.

New Office Will Monitor Visa Violation Compliance
Government Computer News reports "The Homeland Security Department's Border and Transportation Security Directorate is forming a new office that will monitor compliance with visa violations detected by the new U.S. Visitor and Immigrant Status Indicator Technology system."


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Letters to the Editor

Dear Editor:
In an article appearing in MSN News (Mexican edition) and dated 5/17/03, author Regina Martinez wrote that since the implementation of "Operation Guardian" during the Clinton administration in 1994 more than two thousand three hundred undocumented Mexican immigrants have died in trying to cross the Mexican-American frontier. She writes that the purpose of "Operation Guardian" was to make it harder to cross from Mexico without going through border check points, but that its result was to drive would be border crossers into the deserts and mountains in their attempts to enter this country with the resultant deaths of these thousands. She compares this death toll with the one thousand eight hundred Iraqi killed in the present war. There is no evidence that "Operation Guardian" has lessened the flow of undocumented immigrants from Mexico into this country. It has just made it more danderous with a 400% increase in casualities.

Richard E. Baer

Dear Editor:
Please let me know if you are still looking. I may have some suggestions for donations to the undocumented.

Benjamin Ross, Disaster Relief Coordinator
The New York Immigration Coalition

Editor's Note: Any suggestions for aiding the relatives of the undocumented victims of 9/11 will be most appreciated. Any other suggestions for aiding other non-profit causes will be carefully reviewed.

Dear Editor:
I have been a subscriber to Immigration Daily for more than a year. For the past few months, I have been unable to access individual items. I asked our Information Technology staff to see if they could discern the problem. The Netscape error message read (this program has performed an illegal operation and will be closed down) and IT attempted unsuccessfully to access an article from ILW.COM. The detailed error message that followed read: "Netscape caused an invalid page fault in module Netscape.exe at 157:00409eaa." The IT staff determined that this was not a problem with my personal computer or our server. I can only read Immigration Daily's summaries that you send me, not the item links. Occasionally, I am able to access some of your featured articles, e.g. Marian Smith and her article series on "Immigration and Women" and "Immigration and Race" which you have run. I retrieved one article and my fellow worker was able to get another article from the series. However, she also received the same error message on her computer. Hopefully, can you help me fix this problem.

Ralph Thomas

Editor's Note: You probably have an old version of Netscape Navigator. We recently redesigned our site, and you may want to upgrade to a newer version of Internet Explorer (or Netscape Navigator) to use all the features of the site.


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 editor@ilw.com. 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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