AWO: The Beginning Of The End
The 1st Circuit issued the leading opinion on affirmance without opinion (AWO). In Albathani v. INS, it approved of the BIA's rubberstamping, with the caveat that evidence of the BIA's systemic violation of its own regulations would cause it to view the matter differently. This time, in Haoud v. Ashcroft, however, the First Circuit says,
"the Board's use of the AWO procedure in this case runs counter to what we have warned against in the past: [A]dministrative agencies must apply the same basic rules to all similarly situated supplicants. An agency cannot
merely flit serendipitously from case to case, like a bee buzzing from flower to flower, making up the rules as it goes along ... Without an explanation of the reasons for the decision, we cannot determine whether the Board -- applying the proper standards under 8 CFR 1003.1(e)(4) -- adequately and correctly evaluated each of the criteria." [internal citations omitted]
If this is not the beginning of the end of AWO, it is certainly the end of the beginning. For the decision in its entirety, see below.
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Special Registration Modified, But Not Ended
Cyrus Mehta writes "The new rule amends the provision of 8 C.F.R. §§ 264.1(f)(3) and 264.1(f)(5), which required 30-day re-registration for those specially registered at a Port of Entry (POE) and annual re-registration for all who are subject to special registration."
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Immigration Law News
President Bush Says He Wants To Match Willing Employers And Willing Employees
During a press conference, President Bush responded to a request for clarification on Sec. Ridge's comments about legalization and said, "...We need to have a immigration policy that helps match any willing employer with any willing employee ... Let me also clarify something. This administration is firmly against blanket amnesty."
AWO Must Not Interfere With Petitioner's Right To Reasoned Administrative Decision
In Haoud v. Ashcroft, No. 02-2395 (1st Cir. Nov. 25, 2003), the court said that "the Board's use of the affirmance without opinion procedure must not interfere with Petitioner's right to a reasoned administrative decision" in a case where the BIA granted another Algerian national asylum on very similiar facts and only four months after the IJ's denial of Petitioner's application. The court noted the amicus curaie briefs filed by: AILA, AILF, and the Massachusetts Law Reform Institute.
ICE Seeks Comments
The Immigration and Customs Enforcement sought comments on the arrival record, Form I-94; Alternative Inspection Services, Forms I-823 and I-823F.
Good To Hear DHS Secretary Ridge Acknowledge Immigration Problem
A New York Times op-ed says "But [Secretary Ridge's] candid comments in Miami last Tuesday, which apparently caught the White House off guard, offer the first hopeful sign since the World Trade Center attack that the Bush Administration is returning to immigration reform."
Secretary Ridge's Legalization Comments: Testing The Waters Or Unscripted Candor?
The Sun-Sentinel of Florida reports "Homeland Security Secretary Tom Ridge's comments in Miami on Tuesday have immigration-watchers asking whether the administration might re-embrace legalization for millions of undocumented immigrants."
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Help Wanted: Experienced Paralegals
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Immigration Law Books
The successful practice of immigration law depends on having immigration statutes and regulations readily available. Immigration attorneys need look no further than Patel's complete reference library for their primary resource needs. Patel's library consists of (4) books: The Whole ACT—INA (Annotated), 20/22/28 CFRPlus, 8 CFRPlus, and Patel's Citations of Administrative Decisions under Immigration and Nationality Laws. Each book contains a detailed topical index, is annotated and is updated annually to reflect the latest changes in regulations. These four books constitute an indispensable library of primary resource materials for any immigration practitioner. For more information or to purchase these books see here.
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Letters to the Editor
The following press release was released by the Lutheran Immigration and Refugee Service.
Lutheran Immigration and Refugee Service
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