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Immigration Daily July 28, 2003
Previous Issues
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Editor's Comments

Naturalization, Citizenship And Nationality

9/11 changed everything - including the general understanding on naturalization, citizenship and nationality matters. Almost every immigration practice in the country has to handle naturalization, citizenship and nationality matters from time to time - and knowing about post 9/11 developments in these areas, including the rapidly evolving view of "nationality" - is critical in effective client representation. Being on the cutting edge will give you a competitive edge. You can attend our upcoming telephonic seminar ""I Like To Be An American!": Current Issues In U.S. Naturalization And Nationality Law" from the comfort and convenience of your office (no airplane/hotel costs) and you won't lose an entire day away from your office. It is also a great training tool for your entire law firm, as everyone can listen together around a speaker-phone for only one registration fee. The panelists for this seminar series are a who's who in naturalization, citizenship and nationality matters: Carmen DiPlacido, Mark Mancini, Robert Mautino, Joel Paget, Stephen Trow, joined by Edward Betancourt of the Department of State, with Angelo Paparelli leading the discussion. Don't delay! The deadline to sign up is Monday, July 28th. For more info on this phone seminar series, including detailed curriculum, speaker bios, and registration information, please see: For the fax version, please see:


Registration Deadline Is Monday, July 28th!

Being well-versed and up-to-date in naturalization, citizenship, and nationality matters is essential to any immigration practice. ILW.COM's new seminar "I Like To Be An American!": Current Issues In U.S. Naturalization And Nationality Law" features an in-depth, cutting-edge discussion on the latest in naturalization, citizenship, and nationality (including the new N-600K). With key insights you can turn naturalization from a cost center into a profit center for your law firm. Learning just one important practice pointer on naturalization, citizenship, and nationality will be well worth the time and money invested in listening to this 3-part telephone seminar. Angelo Paparelli, the distinguished discussion leader, is joined by eminent speakers Carmen DiPlacido, Mark Mancini, Robert Mautino, Joel Paget and Stephen Trow and Edward Betancourt of the Department of State. Don't delay! The deadline to sign up is Monday, July 28th. 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

Introduction To Representing Noncitizens In Removal Proceedings: Part 2 of 5
Michael J. Boyle offers a detailed primer on removal proceedings and other forms of relief to noncitizens.

Refugee Women At Risk: Part 1 of 4
Eleanor Acer et al. of the Lawyers Committee for Human Rights describe how recent US laws have undermined the ability of refugee women to obtain asylum.

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

DHS Issues Final Rule On Certificates For Health Care Workers
The Department of Homeland Security issued a final rule, effective September 23, 2003, requiring that all nonimmigrants coming to the US for the primary purpose of performing labor as health care workers, including those seeking a change of nonimmigrant status, be required to submit a health care worker certification.

DOJ Moves To Revoke Alleged Former Nazi Guard's US Citizenship
The Department of Justice has asked a federal court to revoke the US citizenship of a Des Moines resident on the basis of his alleged participation in acts of persecution against civilians while serving as an armed SS guard at a Nazi concentration camp in Germany, during World War II.

OALJ Says No Bona Fide Termination Where INS Is Not Informed Of Employee's Termination, Employer Ordered To Pay $15,000+ Back Wages
In the Matter of Ken Technologies, No. 2003-LCA-15 (OALJ, Jul. 18, 2003), the Office of Administrative Law Judges said that Employer was liable for unpaid wages during the time Employee was unproductive and also said that there was no bona fide termination of Employee because Employer failed to contact INS to inform the agency that Employee had been terminated. The OALJ said that even if the alien had deliberately misrepresented his qualifications, the Employer would still be liable to pay wages for non-productive time because of the failure to notify INS of alien's termination.

Chile And Singapore Free Trade Agreements: Fact Sheet On Temporary Entry Of Professionals
The Office of the US Trade Representative released a fact sheet on the provisions contained in the Chile and Singapore Free Trade Agreements allowing the temporary entry of business professionals, to facilitate trade in services.

Guatemalan Asylum Claim Denied
In Melecio-Saquil v. Ashcroft, No. 02-2778 (8th Cir. Jul. 25, 2003), the court said that the Immigration Judge's finding "that the dramatic changes in Guatemala after the 1996 peace accords prevented these dated events from translating into an objectively reasonable fear of persecution at this time."

Considered And Intelligent Waiver Defeats Collateral Attack On Prior Deportation Order
In US v. Rocha, No. 03-5149 (6th Cir. Jul. 25, 2003), the court said that the district court did not clearly err in crediting the testimony of Agent Galvan and the documentary evidence that [Defendant's] waiver [to contest the ground on which he was deportable] was a knowing and considered choice. The Defendant had attempted to collaterally attack his prior order of deportation and had claimed that his DUI conviction was not an aggravated felony.

Ivory Coast National's Petition For Review Denied
In Gnizako v. Ashcroft, No. 02-2452 (4th Cir. Jul. 24, 2003), the court said that "the record supports the Immigration Judge's decision that Petitioner failed to establish her eligibility for asylum."

St. Cyr Holds Open Whether 106(c) Applies In Habeas Proceeding
In Beharry v. Ashcroft, No. 02-2171 (2nd Cir. Jul. 24, 2003), the court amended its original opinion dated May. 1, 2003, where it held that because "Petitioner failed to exhaust administrative remedies, neither the district court nor this Court has subject matter jurisdiction to consider his claim for 212(h) relief." The court noted that "in light of the Supreme Court's holding in St. Cyr, it is potentially an open question whether the exhaustion requirement of INA Section 106(c) applies in a habeas proceeding."

Withholding Of Removal Denied Where Petitioner Fails To Show Past Persecution
In Tsvegmid v. Ashcroft, No. 02-9525 (10th Cir. Jul. 24, 2003), the court amended its original opinion, dated Feb. 11, 2003 where it said that a reasonable adjudicator would not be compelled to reject the Immigration judge's findings that Petitioner had not shown past persecution in Mongolia because he had not linked the attack on his person to political motives, and that there was no probability of future prosecution.

Egyptian Coptic Christian's Harms Do Not Rise To Level Of Persecution
In Khalil v. Ashcroft, No. 02-2344 (1st Cir. Jul. 24, 2003), the court in considering the asylum claim of a Coptic Christian from Egypt, said that "Petitioner did not establish that the harms he described, denial of building permits and civil suits brought by his tenants, were "on account of" religion, and, even if we assume in his favor that they were, they do not rise to the level of persecution."

House Passes Chile And Singapore Trade Pacts Amid Concern Over Jobs
The Washington Post reports "[Rep.] Tancredo and other Republicans say they are especially concerned about provisions in the trade measures that make it easy for foreign professional workers brought to the US by multinational companies to renew their visas indefinitely. They contend that the administration is undercutting immigration laws in trade agreements even as thousands of highly skilled US professional workers have lost their jobs."

Investigation Underway On Alleged Cop Killer, An Undocumented Alien, Set Free
The San Diego Union-Tribute reports "But federal law enforcement officials familiar with the case believe Border Patrol detention officers mistakenly released him into Mexico, giving him yet another opportunity to return to the US."

Questions Raised On Alleged Misuse Of B Visas At Mercedes Benz Plant
The Detroit Free Press reports "They thought the tax breaks were supposed to create jobs for Alabama workers. Now, with the national unemployment rate at 6.4 percent, and at 5.7 percent in Alabama, dozens of jobs created by Mercedes' expansion are going to foreign workers."

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Help Wanted: Senior Paralegal/Client Service Manager
Fragomen, Del Rey, Bernsen & Loewy (FDBL) seeks to hire an experienced paralegal/client service manager for its Washington D.C. office. FDBL offers a dual role encompassing a wide range of skills in a fast-paced setting for the right candidate. Our ideal candidate possesses excellent interpersonal skills, can serve as a team resource, and will have the benefit of attorney supervision and guidance. Responsibilities include: Managing a team of 4 legal/admin staff; Monitoring a large NIV volume caseload; Supervising casework to ensure consistent quality and timely completion; Liaising with corporate clients regarding case processing; Delegating client requests to appropriate staff; Reviewing petitions prepared by legal staff or client for attorney review; Preparing responses to multiple complex requests for evidence; Prepare petitions as necessary; Running reports for team and client; Monitoring and preparing billing reports; Training new staff as necessary. FDBL offers a comprehensive compensation package. Fax your resume + cover letter to Allison Bettridge, Office Manager at 202-371-2898. For additional information, please contact Ms. Bettridge at: 202-223-5515. FDBL is an equal opportunity employer.

Help Wanted: Experienced Immigration Law Attorney
Founded in 1952, Greenebaum Doll & McDonald PLLC (GDM), a regional law firm with 170+ attorneys in 7 offices in the South Central region seeks an experienced immigration associate for its corporate/commercial practice group, for its Louisville or Lexington, Kentucky office. Candidates should have excellent academic credentials, strong writing skills and 5+ years of immigration experience, including outbound and inbound business immigration experience. GDM offers a competitive compensation package consisting of salary + bonus. GDM also offers attractive benefits and an extensive Associate Training Program. Our ideal candidate has a strong desire to work independently as part of a cohesive practice group and to handle client work for top-tier private, public and Fortune 500 companies. Please email/mail cover letter + resume to: or Kim Spurlock, Human Resources and Recruiting Manager, Greenebaum Doll & McDonald PLLC. 3300 National City Tower, 101 South Fifth Street, Louisville, Kentucky 40202.

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:
In the letter from Efren Hernandez, there is a reference to a PONSI-recognized post graduate diploma. What is PONSI-recognized?


Editor's Note: The National Program on Noncollegiate Sponsored Instruction (National PONSI) of the American Council on Education's Center for Adult Learning and Educational Credentials is a not-for-profit educational advisory service that fosters linkages between nondegree-granting organizations and college degrees. National PONSI makes it possible for participants in courses or programs to earn college credit. National PONSI evaluates noncollegiate learning experiences and publishes the results in College Credit Recommendations, a directory that colleges use as a guide in awarding credit for learning experiences outside of the college classroom.

Dear Editor:
Nice to see there is a sage amongst us. Good job Mike.


Dear Editor:
Contention will not change the fact that Spanish is the second most used language in this country. English is the language of use by our government. (I was once told that at the time of the Revolution, German lost by one vote of having this role. True?) "Anglo" in the dictionary is listed as a prefix that indicates English or England. It is not listed as a noun. Just what is an "anglo"? Is it anyone whose skin is white? Is a Jew, an Arab, or a Slav an "anglo"? I am white skinned and of Germanic descent; I am not an "anglo". I consider myself along with my black and brown compatriots to be Americans and gentlemen. (My definition of a gentleman is one who neither looks up to nor down on any other person.) From the time of the Revolution until after the Civil War, American society was dominated by the W.A.S.P. but that is changing. W.A.S.P.s still hold disproportionate power in our country. What the effect of the Hispanic-American vote will have on the next election, we will know after 2004, won't we?

Richard E. Baer

Dear Editor:
A response to Mr. Murray's challenge... Yes, there have been and are "English as the Official Language" laws, proposed and/or passed out there. This is the second time this issue has been raised this year in Immigration Daily's "Letters to the Editor" discussions. Virtually all of us, attys. and our paralegals, etc. volunteering at a local legal clinic for indigent clients speak a second language, unbelieveably sometimes French or an African tribal language saved the day, whereas Spanish as a second language is expected. Our children are studying a second language, especially Spanish, but this is just a matter of cultural literacy, and someday, business and job requirements. The following is true, if you include federal (proposed), and state legislation (some has passed), there have been and currently are English as the official or primary language laws out there. US history is multilingual, indigeneous people, and then English living with German, French and Spanish. among others. The Articles of Confederation and other docs. printed from the First Continental Congress had been published in English and German. Bilingual laws have existed in the US since the early 1800's, one in PA. California apparently has official Spanish/English as bilingual laws. Other states have an official Second or co-equal first language, New Mexico, I believe, and Hawaii (Hawaiian) to name a couple more. Czech, Dutch, Italian, Norwegian and Polish bilingual education programs were implemented in this country back around the 1900's. German language instruction was prohibited by statute in many states at one time during war hostilities, and some statutes were passed in some states making English the official language. Case law has addressed the Constitutionality of some of these laws; just a few: Meyer v. Nebraska; Law v. Nichols and Arizona English as the Official Language. Almost one-half of the states (23) have declared English as the official language. At least one, Arizona, passed a referendum to amend the state constitution other than for emergency, law-enforcement and other language instruction matters. Some proposed if not passed Fed. legislation: H.R.123-Bill Emerson English Language Empowerment Act; Declaration of Official Language Act of 1997 Proposing an amendment to the Constitution of the US establishing English as the official language of the US;H. Con.Res. 4 - English Plus Resolution

ES, Esq.
Minneapolis, MN

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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