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Immigration Daily July 14, 2003
Previous Issues
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Editor's Comments

Letter From AILA President

In our issue dated July 11th, we linked to an Op-Ed item published on Fox News which discussed AILA Executive Director Butterfield's former work with the Palestine Solidarity Committee and which op-ed alleged that constituted her "ties to terrorism". A letter to the Editor from AILA President Yanni says " ... This is merely another part of a smear campaign against [Ms. Butterfield] and other leaders of the pro-immigration movement ... These ... are nothing short of McCarthyist tactics ... designed to smear individuals". There is little doubt that immigration lawyers are supportive of Ms. Butterfield who has a long record of hard work for the immigration cause. We commend Ms. Yanni's letter to our readers' attention.


ILW.COM Focus

Curriculum For Final Session Of "Advanced Issues In Adjustment Of Status"

The curriculum for the third and final session of "Advanced Issues In Adjustment Of Status" featuring distinguished practitioners Ron Klasko and Tammy Fox-Isicoff is as follows:

  1. Child Status Protection Act -- strategies to protect your children
    • issues regarding BCIS and DOS implementation
    • effective date issues
    • concurrent processing issues
    • protecting following to join children
    • adjustment of status vs. consul processing
    • unresolved issues and open questions
    • attorney strategy and due diligence issues

  2. Adjustment of status of special classes -- the search for alternatives
    • exchange visitors with two year return requirements
    • fiancées who don't marry
    • after-acquired spouses
    • conditional resident investors
    • immigrants
    • national interest waiver doctors
    • asylees adjusting through family or employment
    • upgraded and downgraded family member
    • adjustment without petitions

  3. Hot Topics -- What's Behind Door Number 3?
    • impact of DHS
    • new security screening: will adjustment and consular processing slow to a halt?
    • predicting the unpredictable

The deadline to register is July 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

Employment Options For Students, All Parts Compiled
Gregory Siskind offers a comprehensive look at employment options for students.

Staying Out Of Harm's Way: Immigration Pitfalls That Employment Lawyers And Their Clients Should Avoid: Part 3 of 3
Angelo A. Paparelli and John C. Valdez provide an overview of the immigration consequences of a variety of employment decisions.


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

Sen. Cornyn Proposes Guest Worker Program
Sen. Cornyn (R-TX) introduced the Border Security and Immigration Reform Act of 2003, and said, "...my proposal would encourage undocumented immigrants to ultimately return to their homes and families with both the fruit of their labor and valuable skills. It would have the highly desirable effect of restoring the rule of law and facilitate economic development on both sides of our border."

BALCA Notes Marketing Report Prepared By Alien Was Dated Two Weeks After NOF
In the Matter of Super Travel, Inc., No. 2002-INA-136 (BALCA, Jul. 3, 2003), the Board of Alien Labor Certification Appeals said that "even assuming Employer established that it has sufficient funds to pay the above-stated wages, Employer has failed to document that the job opportunity [market research analyst] is, in fact, a full-time, permanent position."

No Jurisdiction Where District Court Recognizes Authority To Depart Downward
In US v. Egwaoje, No. 02-2868 (7th Cir. Jul. 9, 2003), the court said that the district court recognized its authority to depart downwards on the claim to grounds that Defendant's deportable alien status would result in hardship in his conditions of confinement, and said that but that the district court declined to exercise its discretion to so downward depart.

Suspension Of Deportation Claim Must Be Filed With IJ, Not INS
In Ramirez-Zavala v. Ashcroft, No. 02-70570 (9th Cir. Jul. 9, 2003), the court said that it owed deference to the Attorney General's construction of the powers delegated to him in deciding that an application for suspension of deportation must be directed to an IJ rather than the INS.

Economic Persecution And Threats To Israeli Arab's Well-Being Make Him Statutorily Eligible For Asylum
In Baballah v. Ashcroft, No. 01-71407 (9th Cir. Jul. 11, 2003), the court said that "because Petitioner [from Israel of mixed ethnicity] has established that he suffered past persecution such that his life and livelihood were threatened on account of his ethnicity and religion, a presumption arises that he is entitled to withholding of removal." The court also said that "the [Immigration Judge] IJ erred as a matter of law by requiring that Petitioner show an absolute inability to support his family."

No Legal Separation Of Petitioner's Parents Deprives Alien Of Derivative Citizenship
In Suarez v. Ashcroft, No. 02-1813 (4th Cir. Jul. 10, 2003), the court said that since Petitioner's parents had no judicially sanctioned separation, Petitioner did not acquire derivative citizenship upon his mother's naturalization, and therefore remained an alien.

Failure to Raise Claim On Appeal Waives Claim
In Daniels v. Ashcroft, No. 02-2064 (4th Cir. Jul. 9, 2003), the court said that "Petitioner has waived his right to raise this claim [challenging that his asylum application was untimely and that he failed to demonstrate a change in circumstances] before this court by failing to raise it in his brief on appeal before the Board [BIA]."

No Abuse Of Discretion
In Hassen v. Ashcroft, No. 02-2127 (4th Cir. Jul. 9, 2003), the court said that the Board of Immigration Appeals (BIA) did not abuse its discretion in denying Ethiopian Petitioner's motion to reopen.

Sen. Coryn Proposes Guest Worker Program
The San Jose Mercury News reports "US Sen. John Cornyn launched his first major legislative initiative Thursday, calling for a guest worker program that would enable millions of undocumented immigrants to legally live and work in the US for up to three years."

Immigrant Nurses Awarded $250K For Employer's Failure To Otbain Immigration Documents
The San Jose Mercury News reports "A federal jury on Thursday awarded more than $250,000 to five Filipino immigrants, who sued a Santa Cruz nursing home that hired them with the promise of helping them obtain working permits and legal immigration status in the US."


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Classifieds

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, patricia.porter@haledorr.com.

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 http://www.angelfire.com/jazz/mh200/. For more information or to receive an MS word copy of my resume, contact me, Matthew Hartman, at mh200@hotmail.com or at 408-910-7238.

Help Wanted: Experienced Immigration Attorney
South Texas Pro Bono Asylum Representation Project (ProBAR) seeks a Children's Attorney to provide immigration counseling and representation to unaccompanied minors detained in South Texas. Duties include visiting children's detention centers to give legal orientations and individual counseling, directly represent and develop pro bono representation for children applying for relief from removal, and educate family court judges, lawyers and child welfare workers about immigration remedies and social service options. Position is based in Harlingen, Texas and will begin 9/03. ProBAR provides pro bono representation to indigent asylum seekers and immigrants detained for immigration proceedings in South Texas, near the US-Mexico border. It was established in 1989 as a joint project of the ABA, the State Bar of Texas, and the AILA. Salary is commensurate with experience. Applicants should have experience in immigration law and immigration court procedures; ability to work well with others; flexibility and strong communication skills; high energy; and an appreciation of multicultural experiences. Candidate must be admitted to a bar and/or taken a bar exam and awaiting results by 9/03. Spanish proficiency is required. Please mail a resume, a writing sample and (3) references to: Meredith Linsky, Coordinator, ProBAR, 301 E. Madison Avenue, Harlingen, Texas 78550 ASAP - applications are considered on a rolling basis. Finalists will be invited to interview. Direct questions to Meredith Linsky at (956) 425-9231 or ProBARTX@worldnet.att.net.

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:
Yesterday, Immigration Daily published a link to a Fox News Op-Ed piece on their website that was a vicious attack on our Executive Director, Jeanne Butterfield. [...] This is merely another part of a smear campaign against Jeanne and other leaders of the pro-immigration movement, including Frank Sharry of the National Immigration Forum and Rick Swartz of Rick Swartz Associates, that was started early in 2002 by members of the restrictionist movement, repeated in print previously by Mark Krikorian, Rep. Tom Tancredo, Jim Edwards (a former hill staffer) and others. The tactics being used include dragging out elements of these leaders' respective political histories and work, distorting and taking that work out of context, and attempting to paint them all as "open border" radicals and communist and terrorist sympathizers. These tactics are nothing short of McCarthyist tactics. They are designed to smear individuals and distract our community from the urgent work at hand, to advocate responsible and fair policies in the wake of the horrendous terrorist attacks of September 11, and to push forward a creative and proactive agenda that has evolved as the result of the US/Mexico talks and of forward-looking policies that are responsive to economic realities in this country. We cannot let these tactics distract us. Jeanne's own history before she came to AILA included active work over many years on the issue of Israeli/Palestinian peace and Palestinian human rights. She worked with the Palestine Solidarity Committee, an American organization focused on educating the American public about the nature of the Israeli/Palestinian conflict and advocating for Palestinian rights. She served at the invitation of the United Nations as chairperson of the "North American Coordinating Committee for NGOs on the Question of Palestine". She wrote and spoke extensively on the Palestinian issue, chaired several UN regional NGO conferences on the "Question of Palestine", and led several human rights delegations to the region. The organizations she worked with ceased to exist in the early 1990s, before she came to work at AILA in 1993. We all know that AILA members have a broad range of views on Middle East issues. These issues are not within the scope of AILA's mission, and Jeanne's work for AILA has had nothing to do with these issues, although she and many AILA members may hold, and are entitled to hold, a wide range of views on these and other political issues. Jeanne recently received AILA's Founders Award in recognition for her significant achievements and impact on the field of immigration law since 9/11. Jeanne has been instrumental in building bridges to other immigrant advocacy organizations and interest groups. With grace and determination, she has risen to become one of the most respected spokespersons on immigration policy in the US. Jeanne's perspective on immigration law and policy issues is routinely sought by members of Congress, federal agencies, and the national media. Known for her excellent diplomatic and advocacy skills, Jeanne frequently has been invited to present AILA's position on legislative issues during Congressional hearings. Jeanne is respected by members of Congress and their staffs, even those who do not always agree with AILA, because her command of the issues and integrity are unquestioned. Jeanne is being attacked because she is an effective leader and advocate for fair and just immigration policies. Attempts to smear her or somehow paint her as a "terrorist" sympathizer should be seen for what they are, attempts by immigration restrictionists who are losing the battle for the hearts and minds of the American people to discredit those of us who work hard to ensure that our nation honors and continues its history as a nation of immigrants.

Palma Yanni
President, American Immigration Lawyers Association

Dear Editor:
Thank you for posting the ridiculous article from Fox News which alleges that the AILA's head has "links to terrorists" or some such nonsense. The Palestinians have never had a fair shake in the narrow minds of Americans, as this article clearly illustrates. But slinging mud and insinuations at the entire field of immigration law because one person once cared about the plight of the Palestinian diaspora? Weak journalism, Fox, very weak. Almost laughable. I thank Immigration Daily for posting this article because I would never have come across it otherwise, avoiding as I do all such entertainment-oriented "news" sources.

C. Hunt

Dear Editor:
I am all for updating the prevailing wage system. If the wages are artificially low via the current system, the DOL and other agencies should certainly fix that. But with any system, it will rely on humans to make sure that the laws are complied with. To make sure a set wage is actually paid and set hours are complied with there must be an enforcement mechanism. So no matter what wages are set someone must monitor both the wages and the hours of the employees. Though I still don't understand the effect of the advertising proposal where an employer wants to hire more than one worker. Would that employer be precluded from hiring any foreign workers if they hire just one US worker or is it a one for one proposition? By the way, I like the three year green card proposal so much I'd like to reduce it to one year. I can get a labor certification done in less than 3 years so I'd like a form of visa that would allow me to get it done faster than that. I want to thank David Murray for his kind remarks. Too kind if you ask my co-workers. They think I am a mean old man. On an unrelated note. The multitude of proposals by various forces in our government to allow local law enforcement to enforce immigration laws is rather frightening to me. Immigration laws are incredibly complex and I don't care what kind of training program is in place it will not be enough to teach local cops the ins and outs of immigration law. I imagine there will be quite a lot of erroneous arrests and detentions, as if there aren't enough already. Not to mention the fact that this will clearly lead to more racial profiling in a country already rife with it. I am pretty happy that the law enforcement agency in my city, Chicago, has recognized that it's more important to have a good rapport with the community than to turn some EWI's or overstays into the BCIS. Unfortunately, the suburban law enforcement agencies don't seem to be following suit.

Justin G. Randolph
Carpenter & Capt, Chtd.


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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