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Immigration Daily


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Immigration Daily March 9, 2004
Previous Issues
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Editor's Comments

One Size Does Not Fit All

Victor Hugo's Les Miserables was written in the 1800s. Jean Val Jean's character epitomized the futility and the inhumanity of the medieval legal standard where a single offense, no matter how minor, doomed a person for life. Such an approach to offenses is not just inhumane but is actually futile in achieving a society ruled by law. The time-tested legal principle therefore is one of tailoring the punishment to the crime. Unfortunately, the passions that immigration gives rise to sometimes cloud the minds of our legal policymakers. As modified by IIRIRA, our immigration laws currently enshrine a "one strike, you're out!" doctrine. An example of the absurdity that results can be seen in today's case where a "criminal alien" faced two years in federal prison and mandatory deportation apparently merely for the offense of urinating in public. We would be better off by ensuring that the punishment is proportional to the crime even in the immigration context instead of having to relearn the lessons of the Middle Ages once again.


Registration Deadline Is Tuesday, March 9th For Briefing On H-1B Issues And Current Developments

Staying abreast of developments connected to H-1Bs involves more than just H-1B cap-related issues - also important are current adjudication trends, current LCA enforcement trends, developments in portability, and uptodate strategies for H-1B alternatives. The "ILW.COM-Fragomen Briefing On H-1B Issues And Current Developments" discusses hot issues in H-1Bs and provides practice pointers to guide clients through the year ahead. The speakers include many distinguished practitioners from the law firm of Fragomen, Del Rey, Bernsen and Loewy, the largest immigration law firm in the country with over 130 lawyers. The seminar is offered by phone, so law offices around the country can participate. It is also a great training tool for the entire law firm staff (one registration covers everyone sharing a speakerphone). The seminar includes an in-depth Q&A period where you can pose questions regarding your cases to the distinguished practitioners on the panel. The deadline to register is Tuesday, March 9th. For more info, including detailed curriculum, speaker bios, and registration information, see: (Fax version:

Featured Article

L-1 Usage In Light Of The H-1B Cap
Cyrus Mehta writes "The Department of State (DOS) has issued a cable to its consular posts regarding the use of L visas by persons who would be unable to use the H-1B visa because of the 65,000 cap."

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

California Annoy/Molest Misdemeanor Is Not Aggravated Felony
In US v. Pallares-Galan, No. 02-10532 (9th Cir. Feb. 20, 2004), the court said that because a violation of the California Annoy/Molest misdeameanor statute did not constitute the commission of the aggravated felony of "sexual abuse of a minor", the IJ erroneously advised Defendant that he was not eligible for discretionary relief of cancellation of removal under 8 USC 1229b(a).

Safe Third Country Agreement Announced Between US And Canada
The USCIS announced that a proposed rule to implement a bilateral agreement between the US and Canada that affects asylum seekers both at US-Canada land border ports-of-entry, and in transit through the US or Canada during removal by the other country. For the Federal Register proposed rule on Safe Third Country Agreement, see here. For the Federal Register proposed rule on implementation, see here. For the USCIS press release, see here.

President Bush On Plans For New Temporary Worker Program
During a press conference held jointly by President Bush and Mexican President Fox, various immigration-related issues were addressed.

Federal Judge Rules Government Cannot Overrule IJ's Bond Orders reports "A San Francisco judge appointed by President Bush has ruled that an emergency, post-Sept. 11 immigration regulation giving government officials broad detention powers is unconstitutional."

Professor Huntington's Mexifornia Theory Doesn't Reflect Our History
A Dallas Morning News op-ed says "Do you know why so many Americans can't seem to have a calm, mature and reasonable discussion about how best to reform U.S. immigration policy? It's because there are always going to be those people who think the problem isn't so much the quality of the policy but the quality of the immigrants."

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:


Help Wanted: Legal Assistants
Leading immigration law firm, Tindall & Foster P.C., seeks qualified legal assistant applicants for its Texas offices in Austin and Houston. Positions require a university degree, strong writing skills, and Word, Outlook, Excel and Access proficiency. Foreign language fluency and immigration experience preferred. Training provided. Nonsmokers desired. We offer a competitive salary + benefits package (incl. paid parking). Austin applicants: Email resume to Robert Loughran at: Houston aplicants: Email resume to Kathryn Vidal at: Alternatively, resumes can be mailed to Personnel, 600 Travis Street, Suite 2800, Houston, TX 77002 (please indicate desired location). No calls please. EOE.

Help Wanted: Experienced Immigration Specialist And Entry-Level Paralegal
Greenberg Traurig, a large international law firm, has openings in its Tysons Corner, VA office for 2 positions: an experienced immigration specialist and an entry-level paralegal. Both positions require a Bachelors degree and a minimum 2+ yrs of experience in the immigration field. The experienced immigration specialist should have previous experience managing caseloads with a high degree of independence. Both positions require strong organizational, written, computer and verbal skills. Fluency in Spanish preferred. Excellent benefits and compensation package offered. Send resume + cover letter, including salary requirements by (fax) 703-714-8378 or (email) Please state the position (experienced or entry-level position) that you are applying for.

Help Wanted: Immigration Attorney
Reeves & Associates (R&A) , a full-service immigration law firm, seeks an immigration attorney with 1+ years experience in business immigration for its Pasadena office. R&A offers an opportunity to manage a challenging and varied workload in a fast-paced environment. Candidates must have experience with immigrant visa petitions, labor certifications (RIR & traditional), Hs and Ls. The ideal candidate should be detail-oriented, highly organized, possess excellent interpersonal and communication skills (written and oral), and effectively multi-task. R&A has an experienced support staff, state of the art technology and offers unsurpassed growth and learning potential. We offer an excellent salary & benefits package. If you have what it takes to take R&A to the next level, please email: cover letter, detailed resume + salary history to or fax to (626) 795-4999. Incomplete submissions will not be considered.

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
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Letters to the Editor

Dear Editor:
Thank you Mr. Patel. I do indeed appreciate that information, it would tend to confirm that there is some confusion about the rules, even at the upper echelons, and so no wonder the field personnel don't know what they're doing. I have asked AILA to raise this issue with the local BCBP. I'll keep ILW.COM posted.


Dear Editor:
I hope you can make it to the premiere of Patriotic Acts a documentary featuring my clients and I during this difficult time. The film, entitled, "Patriot Acts" premieres in Chicago on March 27, 2004 at the Gene Siskel Theater at the Art Institute of Chicago. "Patriot Acts" documents the devastating impact of post-9/11 immigration policies on Chicagoís Pakistani residents. This powerful documentary explores the human cost of the Bush Administrationís controversial NSEERS program, which required all non-immigrant Muslim males over 16 to register with the DHS.

Christopher Helt

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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