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Immigration Daily July 15, 2003
Previous Issues
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Editor's Comments

Legalization Battle Begins

In what will likely prove the first shot in the long legislative legalization battle, Sen.Cornyn (R-TX) proposed a guest worker bill (see full text of the bill below). As an article in the Houston Chronicle (link below) notes, the White House has acknowledged that "it is reopening talks with the Mexican government on immigration reforms that might include amnesty for Mexicans who are in the [US] illegally". We believe that a number of bills are in preparation on Capitol Hill with varying combinations of guest worker programs and legalization. Whatever combination is ultimately enacted, there is little doubt that it would be an immigration event on par with IRCA, IMMACT and IIRIRA. We believe that it is only a matter of time for some bill such as Sen. Cornyn's to become law. Borrowing Mr. Cornyn's analogy quoted in the Express-News of San Antonio, TX (link below), it is high time that the 10 million undocumented were brought out of the shadows and into the sunshine.


ILW.COM Focus

Curriculum For ""I Like To Be An American!": Current Issues In U.S. Naturalization And Nationality Law"

The curriculum for ""I Like To Be An American!": Current Issues In U.S. Naturalization And Nationality Law" is as follows:

In the Post-9/11 era, whether for reasons of patriotism, assimilation, political activism, avoidance of hassles at the ports of entry, a desire to sit on a high-profile Hollywood jury, or the wish to eliminate any future exposure to grounds for detention or removal, many clients today are seeking to gain the benefits of U.S. citizenship. Others are concerned about the implications of dual nationality as a snare for NSEERS enforcement, or about activities that will cause a loss of citizenship. Still others want to shed U.S. nationality and return to the home country or claim status as a U.S. national as a defense to deportation. Whatever the clients' motivations, immigration lawyers and corporate HR departments need to know the nationality law side of the immigration practice specialty. ILW.COM is therefore pleased to present a new teleconference series featuring a panel of nationally renowned experts who will comprehensively address naturalization, citizenship and nationality law issues in detail.

FIRST Phone Session on July 30 and SECOND Phone Session on August 14:

Naturalization

  • Proving the Basic Requirements:
  • Does Your Client Satisfy the Physical Presence Requirements?
    • Can You Distinguish Preservation of Residence for Purposes of:
      • Retention of Lawful Permanent Resident Status?
      • Eligibility for Naturalization?
      • Income and Estate Taxation?
    • Does Your Client Qualify for Preservation of Residence for Naturalization Purposes (Form I-470)?
    • Do You Know How to Deal with the Special Problems of Permanent Resident Commuters?
  • Is Your Client's Moral Character Good Enough?
    • Addressing Issues of Criminal History;
    • Resolving a Failure to Register for Selective Service;
    • Dealing with a Client's Failure to Acknowledge All Material Facts on the N-4000 or a Misrepresentation Before or During the Naturalization Interview.
  • Issues, Tips and Tactics:
    • Overcoming Obstacles to Naturalization:
      • Literacy;
      • Civics and History Exam;
      • Physical or mental infirmity;
      • Language and Health Waivers for Naturalization
      • Claiming exemption from military service on the basis of alienage;
  • When Naturalization Is A Very Bad Idea:
    • Did Client Obtain LPR Status under Questionable Circumstances?
    • Has Client Been Misbehavin' while an LPR?
  • Hurry up and wait: Tips, Strategies and Best Practices.
    • Standard Versus Expedited Processing;
    • Resolving delays in Adjudication of Naturalization Applications;
    • Informal Administrative Action;
    • Tell it to the Judge: Mandamus and INA 336(b) Actions;
  • Dealing with a Denial of Naturalization: Evaluating the options.
    • Administrative Appeal;
    • De Novo Judicial Review under INA 310(c).

SECOND Phone Session on August 14 and THIRD Phone Session on September 10:

Nationality and Citizenship Issues

  • How Do I Establish Derivative Citizenship Claims?
  • When Is Citizenship Acquired by Birth Abroad ?
  • Is My Client Covered under the Child Citizenship Act of 2000?
  • What Tax Issues Arise in the Acquisition or Renunciation of Citizenship?
  • Is My Client an "Accidental" Citizen?
  • Is BCBP enforcing the Ground of Exclusion for Expatriation to Avoid U.S. Taxation?
  • How Do I Develop Evidence to Support a Claim to Citizenship?
  • Should I Apply for a Passport or for Certificate of Citizenship?

Nationality Issues

  • What is the U.S. and International Law of Nationality?;
  • How Do Recent Cases Define the Term U.S. "National"?
  • Are there Exceptions to the Dual Nationality Rules for NSEERS Purposes?
  • When Does a Person Lose U.S. Nationality?
    • Voluntary Renunciation
    • Committing an Expatriating Act
  • How Do I Defend a Claimed Loss of Nationality or Denaturalization Proceeding?

The deadline to register is July 28th. For more info, including detailed curriculum, speaker bios, and registration information, please see: http://www.ilw.com/seminars/july2003.shtm. For the fax version, please see: http://www.ilw.com/seminars/july2003.pdf.


Featured Article

Utilizing Business Immigration Strategies In Removal Proceedings
Cyrus D. Mehta writes "This practice advisory will provide an overview of business immigration strategies that could be adopted to obtain relief in removal proceedings, either independently, or in conjunction with other available avenues of relief."


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

Text Of Sen. Cornyn Guest Worker Bill
Sen. Cornyn (R-TX) introduced the "Border Security and Immigration Reform Act of 2003" (30 pps.), a bill proposing a guest worker program.

OCIJ OPPM Limits Use Of FedEx Mail Services
The Office of the Chief Judge of the Executive Office for Immigration Review of the Department of Justice issued an operating policy and procedure memo (OPPM) to all court administrators limiting the unnecessary use of Federal Express delivery services by the immigration courts.

OCIJ OPPM Rescinds OPPM 97-6, Outlines Additions To Codes To Track Case Hearing Process
The Office of the Chief Judge of the Executive Office for Immigration Review of the Department of Justice issued an operating policy and procedure memo (OPPM) which rescinds OPPM 97-6, Definitions and Use of Adjournment and Call-up Codes, dated August 22, 1997, and outlines additions to the Adjournment, Call-up Codes and Case Identifiers used to track the case hearing process.

BICE Says All 10 On Most Wanted Alien's List Are Accounted For
The Bureau of Immigration and Customs Enforcement (BICE) announced in a press release that 9 criminal aliens on its newly created Top Ten Most Wanted criminal aliens program have been arrested over the past month and a tenth has reportedly fled to Iran.

BALCA Notes Employer Had Counsel In Denying Labor Certification On Grounds That Business Necessity Not Established
In the Matter of Score American Soccer Company, No. 2002-INA-144 (BALCA, Jul. 9, 2003), the Board of Alien Labor Certification Appeals said that Employer failed to establish business necessity for the requirement of knowledge of brand name machinery and determined it to be unduly restrictive. In response to the Employer's claim that she did not understand what was require the NOF, the BALCA noted that the Employer had the benefit of counsel when preparing its rebuttal.

Numerous Drug Convictions Make Defendant Unlikely To Be Eligible For 212(c) Relief
In US v. Figueroa-Taveras, No. 02-1702 (2nd Cir. Jul. 11, 2003), the court said that "given [Defendant's numerous drug convictions and lengthy criminal history], we find it extremely unlikely that he would have been able to demonstrate "unusual or "outstanding equities" weighing against deportation."

Utah Automobile Homicide Is Crime Of Violence
In US v. Gonzalez-Lopez, No. 02-2836 (8th Cir. Jul. 14, 2003), the court said that "the definition of crime of violence contained in [USSG] 2L1.2(b)(1) does not contain a volitional element and the Utah criminal offense of Automobile Homicide contains, as an element, the use of physical force against another." The court noted that there was a circuit conflict on the issue of whether or not the use of force contains an element of intent.

Iranian's Absences Do Not Constitute Abandonment Of Lawful Permanent Residence
In Khodagholian v. Ashcroft, No. 02-71317 (9th Cir. Jul. 14, 2003), the court said that "the fact that Petitioner stayed [in Iran] for just four months after resolving his tax problem cannot reasonably show that he lacked a continuous, uninterrupted intention to return." The court also said that "even though Petitioner did not file a US tax return, given the totality of other factors, this fact is insufficient to conclude that he abandoned his residence in the US."

Omissions In Transcripts Do Not Support Claim Without Showing Of Prejudice
In Yeboah v. Ashcroft, No. 02-2119 (4th Cir. Jul. 11, 2003), the court said that Petitioner, a Ghanian, failed to demonstrate that he was prejudiced by the omissions in the transcript of his testimony which were marked "indiscernible".

9th Circuit Embraces Albathani And Upholds Curt Review
In Carriche v. Ashcroft, No. 02-71143 (9th Cir. Jul. 14, 2003), the court in a case of first impression for the 9th Circuit, held that the Board of Immigration Appeals (BIA) "streamlining [regulation] does not violate an alien's due process rights."

BIA May Not Issue Final Order Of Removal In The Absence Of Such An Order By IJ
In Noriega-Lopez v. Ashcroft, No. 01-17525 (9th Cir. Jul. 9, 2003), the court held that today's Immigration and Nationality Act does not contemplate that the Board of Immigration Appeals (BIA) may issue a final order of removal in the absence of such an order by the Immigration Judge (IJ) and said that the present statute specifies that it is IJ's who are to issue administrative orders of removal in the first instance and that there is no indication in the statute that the BIA may do so. The court also found that the INS's contention that the Defendant was obliged to file a motion to reopen or reconsider before seeking review of the BIA's order of removal was erroneous.

BCIS Use County Jails To House Overflowing Detainees
The Charleston Post and Courier reports "With too few jail beds to accommodate the burgeoning population, the Bureau of Citizenship and Immigration Services moves roughly half of its detainees through a network of county jails that are paid by the federal government to house its prisoners."

Iraqi Father May Not Attend Daughter's US Wedding Due To Visa Delay
The Washington Post reports "Kelly Shannon, spokeswoman for the US State Department's Bureau of Consular Affairs, said she could not discuss Hamadi's case because of confidentiality rules. But, she noted, citizens of seven countries that are considered supporters of terrorism by the United States cannot get visas until they pass a security review by US law enforcement and intelligence agencies."

Sen. Cornyn Says Guest Worker Legislation Is Middle Ground
The Houston Chronicle reports "As Cornyn rolled out his legislation last week, the White House acknowledged that it is re-opening talks with the Mexican government on immigration reforms that might include amnesty for Mexicans who are in the US illegally."

Sen. Cornyn First To Take Action On Guest Worker Proposal
The San Antonio Express-News reports "Sen. John Cornyn may not know how all the details of his proposed guest worker program would play out in the real world, but he deflected criticism by saying he at least has created substantial debate over the issue."


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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.

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
For information on advertising in the classifieds please click here

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Letters to the Editor

Dear Editor:
I can't open the Paperelli article when it goes to "print." The error message that appears says can't find it....I was able to print it on a different computer. The problem was with Mac, but read it on a PC.

Richard I. Fleischer
Richard I. Fleischer and Associates, Cincinnati, Ohio

Editor's Note: There may be two different issues here. First, when you print a document in "pdf" format, such as the recent article by Mr. Paparelli and Mr. Valdez, you should use the Acrobat print button instead of the browser print button. The Acrobat print button appears within the Acrobat frame for the document, whereas the browser print button can be found both on the icons that appear on the top of the browser window and in the file menu for the browser window. Second, there may be an issue here with the Mac which does not happen on IBM compatible machines; if so, we're not aware of any such issue but would look forward to hearing from our readers if such issue exists.

Dear Editor:
Is it a vicious attack for a reporter to detail a person's past affiliations? Is Ms. [Yanni's] best retort simply to invoke communist inquires of 50 years ago without any kind of reasonable explanation or denial of the report? It seems [Ms. Yanni] is simply upset that someone reported on [Ms. Butterfield's] past affiliations and their suspicious if not pernicious natures.

JC Bott

Dear Editor:
Landagoshen. I just finished reading that new book about Ben Franklin. You could have knocked me over with a feather. Seems this most loveable of the country's Founding Fathers had no kind words for early German immigrants on the Pennsylvania frontier. In fairness to Old Ben, though, he disliked them because they were at odds with the very first American immigrants, those of the red-faced persuasion. That would make Ben the first immigrant advocate. Read what the "Paxton Gang" did to some of Ben's "clients." It'll make your blood curl. Made Ben's curl as well. Besides, Ben had other reasons for shunning those early Teutonic émigrés. To win them as political allies, the Penn family agreed to pay them a bounty for Indian scalps. No, that didn't set well with Ben. Violated two or three of his seven Virtues. You remember of course that the Penns controlled the colony as a Proprietorship - not like Virginia, the Carolinas, or other Crown colonies. After William, those Penns went straight downhill. Ran the whole colony like their personal hogpen. Ben sided with the Colonial Assembly. Every time it tried to get the Penns to pay their fair share of taxes, they nixed the deal. Yes, Ben had this peculiar notion about fairness, including taxation without representation. Did you know that he personally argued - and won - repeal of the first Stamp Act at the House of Commons? If those Brits had just listened to Ben later on - but enough of taxation. One thing about Ben. He didn't hold much with religious folks in high places. As a young printer's apprentice, Ben received a letter from one Silence Dogood. The question she posed was "Whether a Commonwealth suffers more by hypocritical pretenders to religion or by the openly profane?" It won't surprise you to learn which side Ben came down on. "The most dangerous hypocrite in a Commonwealth is one who leaves the gospel for the sake of the law. A man compounded of law and gospel is able to cheat a whole country with his religion and then destroy them under color of law." Not that this has anything to do with nowadays. Those Puritans, they were the last religious nuts. Ben had seen plenty of them in Boston. That's one reason he skedaddled to Philly. Ben knew that once royalists like the Penns were gone, no leader would be foolish enough to appoint a Puritan to high public office even if he could find one. Well, got to run. Missed my first Special Registration appointment. I'm sure there's no harm. Back in a jiffy.
(A note about the author: Elie Immigrant, "Ms. Elie" to her close friends, is a former Muslim male who underwent a sex-change operation and converted to Judaism. She's wanted in the whole Mideast, missed her second Special Registration appointment, and is looking for a good immigration lawyer.)

Elie Immigrant


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

© Copyright 1999-2003 American Immigration LLC, ILW.COM


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