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Immigration Daily

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Immigration Daily August 26, 2003
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Registration Deadline Is Tuesday, August 26th!

The registration deadline for the August session of "Creme de la Creme: Extraordinary, Outstanding, Multinational and Exceptional" is Tuesday, August 26th. Cletus Weber and Suzanne Seltzer will join the panel for this session. The curriculum is as follows:

Alien of Extraordinary Abilities (EB-1-1): Creative Approach & Documentation

  • Think beyond straight-jacket formula, without any blinders on eyes
  • Be creative in applying criteria - client's young age should not be a deterrent
  • If BCIS can use regulatory criteria for denying claims, you too can creatively use those very criteria to gain success
  • Advantages of EB-1-1 category, its plusses and minuses, how to select any specific category (EB-1-1 or EB-1-2)
  • EB-1-1 criteria and the number game (3/10), specifically how to make an evaluation for accepting a case.
  • When should multiple petitions be considered
  • Documentation to establish EB-1-1 claims
  • Letters of reference - how many, by whom, from where, how to develop support letters, etc.
  • Other documentary proofs
  • Current trend and responding to RFE, how to overcome negative mind-set inherent in a long boiler-plated RFE - practical suggestions.
  • Public charge issue - what different proofs can be given to overcome this concern

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

Lawyers Committee Mourns Death of Arthur C. Helton in U.N. Bombing: Helton, Built LCHR's Refugee Program
Jill Savitt of the Lawyers Committee for Human Rights writes "When the Lawyers Committee for Human Rights was founded in 1978, one of its programs was devoted to helping win asylum in the US for those fleeing political and religious persecution in their home countries. Helton took that idea and created an innovative - and now much replicated - pro bono representation program for asylum seekers."

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

DHHS Seeks Comments
The Administration for Children and Families of the Department of Health and Human Services sought comments on the Refugee State-of-Origin Report.

GAO Says INS's Contracting Process Lacks Infrastructure
The Government Accounting Office released a report of it's audit findings of the INS's contracting process and concluded that the INS does not have the basic infrastructure, including oversight, information, and an acquisition workforce, in place to ensure that its contracting activity is effective.

Due Process Is Violated Where IJ Misinforms Defendant
In US v. Leon-Paz, No. 02-10506 (9th Cir. Aug. 22, 2003), the court said that Defendant did not receive due process when the Immigration Judge misinformed the Defendant that he was ineligible for any relief from removal.

Decision On "Exceptional And Extremely Unusual Hardship" Is Discretionary
In Bravo-Rubio v. Ashcroft, No. 02-41427 (5th Cir. Aug. 22, 2003), the court said that "although federal courts retain heabeas jurisdiction to review statutory and constitutional claims, there is no jurisdiction to review denials of discretionary relief."

Cambodian's Fear Of Future Persecution Is Based On Abandoning Country And On Not His FUNCINPEC Membership
In Keo v. Ashcroft, No. 02-24-1 (1st Cir. Aug. 22, 2003), the court said that much of Petitioner's fear of persecution in Cambodia stemmed from his co-workers' perception that he "abandoned" his country by not returning to his official duties after the coup and not his status as a member of the National United Front for a Neutral, Peaceful, Cooperative, and Independent Cambodia (FUNCINPEC).

District Court Retains Habeas Jurisdiction In CAT Claims
In Ogbudimkpa v. Ashcroft, No. 02-1181 (3rd Cir. Aug. 22, 2003), the court, in an issue of first impression in the Third Circuit, joined the First, Second, and Ninth Circuits in concluding that, "because [28 USC] 2242(d) of FARRA fails to state explicitly that a district court may not exercise jurisdiction over habeas corpus claims or mention 28 USC 2241, the district court retains that jurisdiction." The court in dicta commended the research and craftsmanship of appointed counsel.

"No Match" SSA Letters Leads To 200 Employees Losing Their Jobs
The Washington Times reports "The Social Security Administration notified Peco Foods Inc. that the Social Security numbers of at least 200 employees were not valid, and the company let the workers go earlier this month."

3rd Circuit Says Federal District Courts Have Jurisdiction To Consider CAT Claims reports "Rejecting the US Justice Department's position on a fundamental issue in immigration law, the 3rd US Circuit Court of Appeals has ruled that the federal district courts have jurisdiction to consider claims alleging violations of the United Nations Convention Against Torture."

Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info:


Books - 8 CFR, Includes 2003 BCIS Changes
We are pleased to announce that the latest edition of the Immigration & Nationality Act (INA) is now available. This reference tool is invaluable while writing to the INS about a RFE or preparing a petition. Attorneys have been using the exhaustive topic indices in the 8 CFR Plus and The Whole ACT - INA (Annotated) to do just that for years. Whether you are a seasoned practitioner or a less experienced attorney entering the immigration law field, these books are a must-have. For information on our various publications, see here. (A Supplement is provided Free of cost updating the 8 CFR Plus as of June 1, 2003. All BCIS related changes have been included in this Supplement as well as a complete index to ALL 8 CFR Sections updated as of June 1, 2003.)

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Letters to the Editor

None today.

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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