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Immigration Daily October 24, 2003
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Editor's Comments

Your Contribution To Immigration Daily

We at ILW.COM work very hard to produce the best daily immigration periodical that we can given our limited resources and looming deadlines. We take pride in the fact that we are able to provide Immigration Daily as a free service to you. Thanks to our readers' contributions, our readership has grown to 12,000+ and counting. Our readers have contributed in two ways: in content and by buying our products and services. We know and expect the vast majority of our readers will not contribute to Immigration Daily either by content or financially. There is another way in which you can contribute. If you find that Immigration Daily is helpful to you, we would highly appreciate if you would please bring this periodical to the attention of those you know who would also find Immigration Daily helpful. We thank you in anticipation.


ILW.COM Focus

Focus On Industry Sectors

Many immigration law seminars focus on specific visa categories and immigration processes, for example on H1B visas, or Labor Certification. While this approach has its merits, alternative approaches may sometimes be even more helpful. Focusing on specific industry sectors inherently requires a holistic approach to the legal strategies involved in client-satisfaction. For our new seminar this month with Angelo Paparelli as moderator, we have chosen three industry sectors which we believe benefit greatly from such holistic considerations. These are IT, Manufacturing, and Venture Capital. A significant chunk of most business immigration law practices come from Employers in IT, Manufacturing, and VC-related enterprises. Both new and experienced attorneys stand to benefit from an industry sector approach to legal problem-solving. For new practitioners, the integrated method used in considering typical client situations in the industry-based approach makes it easier to progress quickly up the learning curve from basic to advanced issues. For experienced practitioners, this sector-based approach often leads to "thinking outside the box" and helps establish best practices for the law firm. Each of the speakers in our new seminar series are veterans in specific industry sectors - thus being in a unique position to provide critical insights into the problems faced by employers in these sectors. Please read the detailed curriculum to see the benefit to your particular practice (links appear below).

The deadline to register is Tuesday, October 28th. For more info, including detailed curriculum, speaker bios, and registration information, please see: http://www.ilw.com/seminars/october2003.shtm. For the fax version, please see: http://www.ilw.com/seminars/october2003.pdf


Featured Article

E-mail Etiquette
Carol L. Schlein, Esq. provides helpful hints to lawyers to make most effective use of email.


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

BALCA Says Finding Not Addressed In Rebuttal Is Deemed Admitted
In the Matter of GV Moving Systems, No. 2002-INA-219 (BALCA, Sep. 12, 2003), the Board of Alien Labor Certification Appeals pointed out that it has repeatedly held that a CO's finding which is not addressed in the rebuttal is deemed admitted.

Memo Of Understanding On Visa Issuance
The Secretary of State and the Secretary of Homeland Security signed the Memorandum of Understanding, an agreement on visa issuance that shall govern the implementation of section 428 of the Homeland Security Act of 2002.

EEOC Files Suits Against Alleged Post-9/11 Backlash Discrimination
The Equal Employment Opportunity Commission (EEOC) filed two lawsuits against Plaza Hotel and Fairmont Hotel and Resorts, Inc., and Applied Graphics Technologies, Inc. and Newsweek, Inc. under Title VII of the 1964 Civil Rights Act for discrimination related to the events of September 11, 2001 against employees based on their national origin.

Sen. Chambliss Will Help Lead Immigration Reform Battle
The Athens Banner-Herald reports "Sen. Saxby Chambliss, chairman of a Senate panel on immigration and border security, told business leaders Wednesday that immigration reform will be one of the next major battles in the war on terrorism and he intends to help lead it."

Walmart's 300+ Contract Employees Arrested For Immigration Violations
The Kansas City Star reports " Federal officials arrested more than 300 illegal workers at 61 Wal-Mart stores across the country early Thursday morning and searched the office of one of the retail chain's corporate executives, a federal official said."


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: http://www.ilw.com/membership/

Classifieds

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. We are currently offering an Internet-only special price of $259 for our 4 book set (MSRP $299). 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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For information on advertising in the classifieds please click here

For a listing of current immigration events please click here
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Letters to the Editor

Dear Editor:
As a former member of the Board of Immigration Appeals, who decided cases over a seven year period between 1995 and 2002, I was troubled by the contention in reporter Eric Connor's October 13 article (to which ILW.COM provided a link), that the Tolani family deportation can or will "break the mold." As I explained to Mr. Connor, in 1996, Congress narrowed the category of eligible individuals and heightened the standard to be met by undocumented persons seeking to legalize their status on the basis of the hardship of deportation or removal. Simultaneously, it eliminated federal court jurisdiction to review the discretionary decisions that agency personnel would make under that standard. As a result, every day, hundreds of hardworking one and two parent families with equally compelling stories and equally well-meaning, gifted children who have grown up in the U.S., face the uncertainty of removal, the loss of exceptional educational and business opportunities, and wrenching family separation. Little about this family's circumstances seems that different or likely to come as a surprise to adjudicators. I do not mean to sound harsh, as I am quite sympathetic to these families. My views on this subject can be found in the dissenting opinions I filed or joined during my tenure on the Board in the cases of Matter of Monreal, 23 I&N Dec. 56 (BIA 2002) and Matter of Andazola, 22 I&N Dec. 136 (BIA 2002). The Tolani family, like many others, is unfortunately bearing the brunt of unnecessarily restrictive immigration laws introduced in the mid-nineties by a republican House of Representatives, led by Congressman Lamar Smith (R-TX), who has long been an opponent of immigration. Willing to paint all noncitizens with a broad brush, Smith is currently quoted on his own website as saying that "Illegal aliens in the US are law-breakers. They violate our immigration laws to enter and remain here, and use fraudulent documents to collect government benefits." The particular section of the statute in issue, referred to as "cancellation of removal," provides that a qualifying, undocumented noncitizen may acquire a legal status only if he or she can establish that his/her deportation and removal will result in extremely and exceptionally unusual hardship to a designated U.S. citizen or lawful resident family member. The "usual" hardships of deportation are routinely discounted by adjudicators, because presumably, no matter how harsh, most everyone who is deported experiences them. To my knowledge, Sens. Thurmond and Hollings, whom Connnor's article indicates have worked so hard to help this family, voted for passage of this onerous provision. Perhaps when it doesn't hit close to home legislators can ignore the consequences of their actions, and when it comes too close, well then, time for a private bill, a little ex parte contact with the adjudicating agency, some good press, and everyone wins. When it has a human face, the inhumanity of this law is quite clear. Making individual exceptions to bad law is neither democratic or fair, it is the bad law that must be changed. Far from being a "discovery" by Senators Thurmond or Hollings, Matter of Recinas is a published case, which the Attorney General's regulations require immigration judges to read and follow. The grant of cancellation in Recinas is but an exception - it serves to demonstrate that the restrictive standards of the statute are not utterly impossible to satisfy. Maybe concentrated political pressure will do the trick in the Tolani case as well, but it won't change the pattern or break any mold. What's needed is legislative and executive branch recognition that families with long-standing ties to the US and US citizen children should be incorporated into US society lawfully, rather than summarily ejected under a standard that belittles family separation and minimizes the trauma of forced relocation. What's needed is meaningful discretion restored to impartial judges who should be given the time and training necessary to pay close attention to individual human situations and to make independent decisions informed by the expert opinions of educators, counselors, psychologists, medical professionals and community representatives. What will "break the mold" is a new mind set that views members of our community without documents as neighbors, presumes that they have good reason to remain here for our benefit as well as theirs, and a new law that corresponds by facilitating rather than frustrating their legal incorporation into US society.

Lory Diana Rosenberg


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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