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Immigration Daily November 12, 2003
Previous Issues
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Editor's Comments

Buchanan And Election 2004

Much of the attention concerning Election '04 has been focused on the Democratic candidates for President. However, there are other candidates who would like to shake things up for President Bush. Pat Buchanan's recent articles hint that he will run as a third-Party candidate on an anti-free trade, anti-immigration, anti-Bush foreign policy platform. Mr. Buchanan suggests that a "challenge from the Right" would take away enough votes from the GOP President to ensure the election of a Democrat and send Mr. Bush home. The Buchanan threat has immediate implications for immigration attorneys. Mr. Bush may not push for legalization in 2004 with Mr. Buchanan lurking in the shadows - and without the President's support, legalization is not likely to happen. While the anti-immigrationists remain a miniscule group (despite their loud claims to the contrary), anti-immigration is but one of Mr. Buchanan's planks, and one must bear in mind that even a 5% diversion of votes to Mr. Buchanan may tilt the election away from Mr. Bush. With the Democratic candidate sure to support strong pro-immigrant legislation, Mr. Bush's position on immigration in 2004 will serve as a barometer of his confidence in his message for the GOP. The 2004 election is a year off, but its immigration-related effects are already being felt.


ILW.COM Focus

Curriculum For "All In The Family" - Current Issues In Family-Based Immigration

The curriculum for "All In The Family" - Current Issues In Family-Based Immigration is as follows:

FIRST Phone Session on November 20: Marriage ("Married - With Children")

  • Lists of documents for bona fide marriages
  • Fraud and Stokes interviews
  • Removal of conditional status
  • Separation, divorce, annulment issues
  • Fiance(e)s
  • K and V visas
  • Unmarried Partners

SECOND Phone Session on December 11: Inadmissibility, Visa and Financial Issues ("One Day at a Time")

  • Entry issues-245(i)
  • Arrests, inadmissibility-waivers
  • 3 and 10 year bar waivers
  • Removal Defense
  • New procedures for NTAs
  • Recent changes in enforcement practices
  • Affidavits of support

THIRD Phone Session on January 8: Children's Issues and Legislative Changes ("Eight is Enough")

  • Child Status Protection Act - Age out protection for children of Permanent residents, refugees and asylees, and DV lottery winners
  • Step children
  • Children born out of wedlock
  • Adoption
  • DREAM Act and other Pending legislation
For more info, see: http://www.ilw.com/seminars/november2003.shtm. (Fax version: http://www.ilw.com/seminars/november2003.pdf.)


Featured Article

Declare Victory And Go Home: The Solution To Illegal Immigration In America
Gary Endelman writes "The immigration laws of the US do not make economic sense and that is the reason why illegal immigration is pervasive and persistent."


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

Presidential Determination on FY 04' Refugee Admissions
The White House released the Presidential determination of refugee admissions numbers for FY 2004.

DHS Launches Operation "Ice Storm" To Combat Human Smuggling
The Department of Homeland Security announced that ICE agents will combine immigration, smuggling, and financial investigative powers to attack the criminal human smuggling rings from a variety of levels.

USCIS Glossary Of Terms
This document is the USCIS list of glossary and acronym terms (courtesy of Brent Poirier, Esq.).

Walmart Is Sued By Undocumented Workers
The Washington Post reports "Nine illegal immigrants who worked as janitors at Wal-Mart until they were arrested during federal raids last month have sued the company, accusing it of discrimination."

Deportation Of Criminal Aliens Without Regard To Offense Raises Moral Questions
The Day of New London, Connecticut reports "Kim, now 26, was shipped to Cambodia under a 1996 federal law that mandates deportation for all non-citizens who have ever been sentenced to a year or more in prison. His case exemplifies the moral questions about that law that are being debated in immigrant communities, in Congress, even among immigration officials who enforce it."


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

Help Wanted: Experienced Immigration Attorney
Youngok S. Kim & Associates, PLC, an immigration law firm based in the Los Angeles area, seeks an experienced immigration attorney. Experience in removal hearings and immigration-related litigation required. Korean/Chinese/Spanish speaking skills are desired - not mandatory. Please send resume + salary requirements by email: jim@kimyoungoklaw.com or fax: (213) 381-5790.

Help Wanted: Experienced Immigration Attorney
Are you looking to join a fast-paced and friendly team that provides first-rate immigration legal services to global businesses and individuals? Paparelli & Partners LLP, a leading immigration law firm with an established national practice, has immediate openings for a moderately experienced Immigration Lawyer to work at its office in Irvine, California. If you have what it takes, you will work with multinational companies and high-achiever individuals to perform the full range of immigration legal services for employment-based and family-based immigration clients. You will use computer software extensively (research databases, Internet, MS Word, MS Outlook, Excel, ProLaw, Power Point, etc.), and become immersed in cutting-edge immigration law issues. This job is for you if you are a multi-talented multi-tasker, detail oriented, express yourself well in person and on paper, work well as part of a team, love challenges, are willing to work hard, have a spotless ethical record, are admitted to practice law in California or another state and have up to three years of U.S. immigration law experience. If you'd like to pursue this exciting opportunity, fax your resume + cover letter to Chris McCoy at 949-955-5599 or e-mail her at cim@entertheusa.com. For background, see our web site: http://www.entertheusa.com. No phone calls please.

Books - 8 CFR, Includes 2003 USCIS 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 USCIS 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.)

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

For a listing of current immigration events please click here
For services/products of use in your law practice please click here


Letters to the Editor

Dear Editor:
In response to Mr. Mc Keon's letter seeking information regarding affirmance w/o opinion, let me give my opinion. If you have been appointed by the Circuit Court as substitute counsel, I am sure they will give you time to receive the Certified Administrative Record (CAR). You cannot file a brief without referring to the CAR and if you do, are subject to motions against you by opposing counsel. I have been in this same situation and would recommend the following: 1. Phone opposing counsel and make a stipulated motion to extend the time to file the CAR and set a new briefing schedule. Remember, it is their obligation to file the CAR and they must make a motion for an extension to do so. 2. I am sure they will agree on a stipulated motion. However if there is any reason why you do not get a stipulated motion, because of miscommunication, lost mail, etc., then you should file a motion for summary disposition, sanctions, remand to the BIA for failure to file the CAR or in the alternative a new briefing schedule. 3. Check the PACER for your cases to see if they have filed the CAR. If PACER shows the CAR has been filed, make a motion for a copy to the Circuit Court with an affidavit stating you never received the CAR and also ask for a new briefing schedule. As to any due process arguments regarding affirmance without opinion, I would not pursue this. The 1st, 5th, 7th, 11th, and most recently the 9th circuit have stated that this is not a denial of due process. However, all is not lost. The Ninth Circuit in Carriche v. Ashcroft, 225 F. 3d 1009 (9th Cir. 2003) seems to tell us that there is no denial of due process by the BIA, but that you may look to the IJ's decision for any errors. (Apparently the Full Monty). This means you have access to the Circuit Courts. I wish you good luck.

Miguel Gadda

Dear Editor:
Mr. Murray's letter regarding the history of North America seems makes incorrect assertions and internally inconsistent arguments. I agree with him that no one owns the land. So did the people who lived here before the Europeans moved in. But then Mr. Murray disagrees with himself when he claims that Native Americans somehow didnít have rights to a land where they lived for thousands of years before the first European ever set foot. He seems to think that the second a European who migrated here wrote on a piece of paper, the self-serving claim that they held title to the land, the native people who lived here first had no rights to the land. He also seems to claim that Native Americans were ignorant savages who weren't sophisticated enough to "have written a letter, or drafted the Constitution, the Bill of Rights and formed a nation." While, I disagree with this for a variety of reasons and would ask him to read the history of the Native Americans to make sure he is correct, I must I point out that under the law, literacy or lack thereof, is not a requirement for land ownership. Unfortunately for the Native Americans, as far as I understand, they did not believe people could "own" the land. If they did, and if they had deeds to their lands proving ownership, I wonder if they would have been honored by the Europeans. In fact, this history has already given us the answer. The Native Americans made treaties for land, written on paper, with the Europeans who moved here, but the Europeans constantly broke those treaties and kept taking land they had agreed was "owned" by the Native Americans. And they didn't take this land in court. They just killed the people living there or drove them off. Now that sounds like anarchy to me.

Justin G. Randolph, Esq.
Carpenter & Capt, Chtd., Chicago, IL

Dear Editor:
Thanks for providing Immigration Daily to the public. I enjoy viewing ILW.COM frequently. I saw an article regarding the Family Sponsor Act provided by David H. Nachman of Grotta, Glassman & Hoffman, P.A. I would appreciate if you would provide contact information, if available to the above attorneys.

farivar lashgari

Editor's Note: All our featured articles contain an 'about the author' section which provides information about the author frequently including his/her contact information. The Family Sponsor Act that you reference was not an article but rather an item. To find out more a particular attorney, try using our Find a Lawyer search. For example, type in Nachman under the last name field option, and click search. David H. Nachman, Esq.'s contact information appears.

Dear Editor:
I enjoy your publication very much. Thanks for all the hard work you put into it. I think there was a misprint in the 11/10 Immigration Daily edition: Presidential Paper Historical Series incorrectly states: 154 - Special Message to the Congress on the Employment of Agricultural Workers from Mexico by President Harry S Truman: 1945-1953 instead of 65 - Special Message to the Congress on Aid for Refugees and Displaced Persons March 24, 1952

Dave Anderson

Editor's Note: Thanks to our eagle-eyed reader for pointing out our error. The corrections have been made.


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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