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Immigration Daily November 4, 2003
Previous Issues
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Editor's Comments

The Curt Review TimeBomb

The manure is hitting the fan. Recent media reports indicate that immigration cases before the federal courts have exploded and may even become one-third of the circuit court dockets. Curt review has simply moved the backlog from the BIA to the circuit courts. This developing crisis highlights the fact that our immigration law is broken. It is unlikely that a band-aid approach will fix something so fundamentally wrong with our immigration laws. Our post-1965 immigration laws view immigrants primarily as recipients of US charity. This is not only insulting to the millions who have sought economic opportunity on these shores in recent decades, it flies in the face of the fact that the American economy needs immigrants' contributions. The curt review timebomb may help focus our attention on this fundamental crisis with our immigration laws.


ILW.COM Focus

Consular & Nursing Boards Session Of Seminar In Cooperation With CGFNS

Reprsentatives from DOS and from the Boards of Nursing of California and Florida will be panelists in the November session of "Current Issues In Immigration For Nurses And Other Healthcare Professionals (PTs/OTs/MTs/MLTs/SLPs-As/Physician Assistants)". This telephonic seminar is organized in cooperation with CGFNS. The deadline to signup is Thursday, November 20th. For more info. see: http://www.ilw.com/seminars/september2003.shtm. (Fax version: http://www.ilw.com/seminars/september2003.pdf.)


Featured Article

Hague Convention on Intercountry Adoption and The Intercountry Adoption Act of 2000
Gregory Siskind writes "The Convention facilitates the adoption by U.S. adoptive parents of children from another party country by providing a justification for establishing a new category fo children for immigration purposes."


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Immigration Law News

USCIS Training Materials On 245(k) Exemptions
This document is the USCIS training material for its employees on 245(k) exemptions (courtesy of David H. Nachman of Grotta, Glassman & Hoffman, P.A.).

Representation By Non-Attorney Does Not Excuse Delay
In the Matter of Piscataway Auto Body, Inc., No. 2002-INA-98 (BALCA, Sep. 29, 2003), the Board of Alien Labor Certification Appeals said that Employer's failure to timely file the request for review because Employer's previous representative was not an attorney was not a legitimate reason as to why a timely request could not have been made.

DOL Says Hoffman Plastics Does Not Apply To Nurses Brought Into US Pursuant To Statute
In the Matter of Administrator, United States Department of Labor, Wage and Hour Division, No. 1996-ARN-3 (OALJ, Oct. 28, 2003), the Office of Administrative Law Judges issued an order saying, inter alia, that the Supreme Court decision in Hoffman Plastics did not preclude an award of backpay to the non-immigrant nurses employed in this matter because the underpayment was for work actually performed and because the non-immigrant nurses were brought into the US in accordance with the provisions of the Immigration Nursing Relief Act.

USCIS Seeks Comments
The USCIS sought comments on: Application for Waiver of Ground of Excludability, Form I-601; Application for Advance Permission to Return to Unrelinquished Domicile, Form I-191; Affidavit of Support, Form 1-134.

Country Report, Taken As A Whole, Dooms Eritrean Asylum Claim
In Araya v. Ashcroft, No. 02-3296 (3rd Cir. Nov. 3, 2003), the court said that although the Country Reports referred to continuing detention of internment of Eritreans supporting Petitioner's asylum claim, the Country Reports as a whole could be read as depicting the deportation and internments as past events that had been largely ameliorated by the 2000 Peace Accord.

Curt Review Floods Federal Courts With Cases
Law.com reports "The Administrative Office of the U.S. Courts, the management arm of the federal judiciary, reported in September that circuit court appeals from decisions of the Bureau of Immigration Appeals (BIA) surged by nearly 400 percent over a 12-month period ending in March. Court officials said they don't expect the numbers to return to normal any time soon."

Undocumented Walmart Workers Typically Paid $18,000 Year, Tax-Free
The Ledger of Lakeland, Florida reports "Although Mexicans accounted for most of last week's Wal-Mart arrests, others came from 18 different nations, including 22 from Mongolia and 20 from Brazil. ...It's work that few Americans are willing to do, but which the poor from developing countries happily accept."


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Classifieds

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Letters to the Editor

Dear Editor:
I agree with Justin Randolph, let's allow every abused person in the world to seek asylum in the US . . . if they can make it here. For those who can't come here, legally or illegally . . . what shall we do with them? What shall we do? Perhaps round them all up, in whatever country they may be, and ship them all to the good old USA. That'll solve the problems of the world. What, too radical? OK, then let's just let Mrs. Alvarado in. To heck with the rest of them. Aren't we carrying the concept of political asylum a little too far? The asylum process, originally promulgated many years ago, when Communism was the scourge of the earth, has been prostituted to the point where thousands of bogus asylum cases have been filed, each wanting one thing . . . not safe haven, but a green card. And the wheel in the sky keeps on turnin' . . .

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Bravo to Erick Seven Hawks. There is just no arguing with his logic, but it has been my experience with pieces that I've written that the present day anti-immigrant coalition rejects out of hand any harking back to historical parallels, such as slavery and the Native American experience. They have to reject them because it's too uncomfortable. Thank you Erick for keeping an uncomfortable reminder of this fundamental hypocrisy before us.

SJD


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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