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Immigration Daily

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Immigration Daily July 9, 2003
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Editor's Comments

ESIG Comments To BCIS E-Filing Rule

The E-Filing Standards for Immigration Group (ESIG) recently commented on BCIS's rule on E-filing. These comments appear below as our Featured Article today. Among the comments:

  • On-Line Payment by Credit or Debit Card Must be Permitted.
  • E-Filing Must Permit Data Access, Retention and Re-Use.
  • E-Filing Must Accommodate Electronic Submission of Attachments.
  • The E-filing Provision for Biometric Intake Should Be Eliminated and Should Instead Be the Subject of a Separate Rulemaking.
  • E-Filing Must be Integrated with Forms-Preparation and Case-Management Features Based on Agreed Technical Standards (Preferably through Negotiated Rulemaking).
  • The E-Filing System Must Take into Account the Attorney-Client Relationship.
  • The E-Filing System Should Expressly Address Legitimate Data Privacy Concerns.
We applaud BCIS for moving in this electronic direction, and believe that this portends a major change for law firms over the next several years. Immigration practitioners will find this article interesting reading.


200,000 Attorney Searches Per Year!

Approximately 200,000 searches are made each year for immigration attorneys on ILW.COM. That's more than 400 searches per year per attorney listed in our lawyer directory. Which means that if you are listed with ILW.COM, then your listing will be searched once each day throughout the year. You need only one client a year to make a profit on your listing! We can even link your ILW.COM listing directly to your own website. For a personal discussion on listing your practice in our directory, please send an e-mail with your phone number to Alternatively, if you prefer to list yourself on-line, please click here:

Featured Article

E-Filing Standards for Immigration Group (ESIG) Comments To The BCIS
Angelo Paparelli, Esq., Robert C. Meltzer, Esq. et al, members of ESIG, have provided a copy of their submitted comments on the BCIS interim final rule allowing electronic filing of applications for benefits.

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Immigration Law News

BCBP Announces A Total Of 1,000 Border Patrol Agents Along US Border With Canada
The Bureau of Customs and Border Protection (BCBP) announced that more than 375 Border Patrol agents will be deployed as part of the continuing effort to enhance northern border security.

BALCA Remands To Certifying Officer For Review Of Employer's Need For Maintenance Repairer, Building
In the Matter of Ideal Employee Management, Inc., No. 2002-INA-120 (BALCA, Apr. 11, 2003), the Board of Alien Labor Certification Appeals said that "although the certifying officer erred in denying the application on the grounds he stated in the final determination (FD), we note that the certifying officer (CO) in the notice of findings indicated an apparently valid deficiency. Like the certifying officer, we question the need for a maintenance repairer, building in the type of business of the Employer [a professional employer organization]."

8 USC Section 1326(b) Does Not Define Separate Crime From 1326(a)
In US v. Zamudio-Martinez, No. 02-3945 (8th Cir. Jul. 8, 2003), the court said that the district court did have authority to sentence Defendant under 8 USC section 1326(b) even though the indictment charged only a violation of 8 USC section 1326(a) since 1326(b) did not define a crime separate from 1326(a).

St. Cyr Precludes Categorical Exclusion For Asylum
In Kankamalage v. INS, No. 02-71415 (9th Cir. Jul. 8, 2003), the court said that "in accordance with St. Cyr, we hold that the 1990 regulation cannot be applied retroactively to categorically exclude Petitioner from consideration for asylum."

Giving False Name To Police Officer Is To Avoid Detection As Undocumented In US
In US v. White, No. 02-12614 (11th Cir. Jul. 2, 2003), the court said that "given the undisputed facts of Defendant's encounter with the INS officers, there is little doubt that he gave a false name "to avoid detection or responsibility for the federal offense" of being in the US in violation of 8 USC 1326(b), and thus the district court clearly erred when it assessed two criminal-history points for the state false-information conviction.

Illinois Crime Of Sexual Abuse Of A Minor Is Aggravated Crime Of Violence
In US v. Vasquez-Abarca, No. 02-1727 (7th Cir. Jul. 7, 2003), the court said that ""it is a clear application of common sense that a crime designated as a crime of violence in USSG 2L1.2 application note 1(B)(ii) is indeed a crime of violence."

8 USC Section 1326(b) Does Not Define Crime Separate From 8 USC Section 1326(a)
In US v. Rodriguez-Moranchel, No. 02-3922 (8th Cir. Jul. 8, 2003), the court said that 8 USC section 1326(b) did not define a crime separate from 8 USC section 1326(a).

Ninth Circuit Is First To Address Meaning Of "Other Resistance To A Coercive Population Control Program"
In Li v. Ashcroft, No. 00-70157 (9th Cir. Jul. 7, 2003), the court issued an order regarding its Dec. 5, 2002 opinion where the court, the first circuit to address the meaning of the "other resistance to a coercive population control program" language of section 601 of IIRIRA, held that to take advantage of this language, Petitioner must show that she was (1) persecuted, (2) on account of, (3) her resistance to, (4) a coercive population control program; and found that persecution under the asylum laws does not include every act that our society would deem offensive, rathter it includes only those acts which are extreme, and found that in this case, the Board of Immigration Appeals could have concluded that Petitioner was persecuted, yet the record was not so compelling that it required such a conclusion. [corrected 7/10/03 - Ed.]

Changed Circumstances Argument Should Be Made To BIA
In Elahi v. Ashcroft, No. 02-2733 (2nd Cir. Jul. 7, 2003), the court said that "the district court did not err in declining to remand to the Board of Immigration Appeals (BIA) the question of whether changed circumstances in Pakistan entitled Petitioner to political asylum."

Immigration Consultant Indicted For Alleged Fraud
Newsday of Hempstead, NY reports "An immigration consultant believed to be linked to an allegedly fraudulent agency in Flushing has been indicted by a federal grand jury in Rochester."

Alien On Most Wanted Fugitive Criminal Alien List Is Nabbed
The San Jose Mercury News reports "Santa Clara police nabbed one of the Top 10 "Most Wanted Fugitive Criminal Aliens" in the country this week, but federal officials couldn't say Monday what distinguished the man from thousands of other immigrants with criminal backgrounds who are fleeing deportation orders."

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Help Wanted - Experienced Immigration Attorney
Hale and Dorr LLP's Boston office seeks an experienced immigration attorney for its immigration law practice. The Immigration Group works within the firm to offer clients an integrated approach to employment law and other practice areas that intersect with immigration law. The successful candidate will have 8+ years of business immigration experience, including experience managing an active caseload while mentoring and supervising a team of paralegals. Excellent written and communication skills required. Please send resume in confidence to Ms. Patricia A. Porter, Lateral Hiring Coordinator, Hale and Dorr LLP, 60 State Street, Boston, MA 02109,

Position Sought: Immigration Attorney
I am an attorney in good standing in California and seek an opportunity to practice immigration law. I am willing to promptly relocate throughout the US or internationally. In Silicon Valley, I began my legal career in corporate law. I incorporated companies, drafted corporate documents, maintained corporate records and administered stock and option sales and transfers. Additionally, I clerked for a judge after law school. These experiences have been worthwhile and valuable, but my true desire is to be an immigration law attorney. I look forward to discussing the opportunity to join your law firm. I am willing to take another state's bar exam to be licensed to handle matters tangential to immigration law. If useful to the firm, I can also devote a portion of my work to small business incorporation and maintenance. My resume is available at For more information or to receive an MS word copy of my resume, contact me, Matthew Hartman, at or at 408-910-7238.

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Letters to the Editor

Dear Editor:
Justin Randolph's latest letter makes several assumptions about my proposed reform of the H-1B and L-1 work visa programs. Unfortunately, all of his assumptions are incorrect, as can be seen by reading the document I cited in my first letter, at, in which I present my reform proposal. In citing that document, I was hoping to get a dialog started and get some feedback. I still have these hopes, and urge Mr. Randolph and others to take a look at the specifics of my proposal and voice their thoughts on it.

Norm Matloff

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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