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Immigration Daily August 2, 2004
Previous Issues
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Editor's Comments

Is The Postal Service Exempt From IRCA?

A recent OCAHO decision (see below) involved a legal permanent resident, proceeding pro se, who filed an unfair immigration-related employment practice complaint against the US Postal Service. The OCAHO dismissed the matter for subject-matter jurisdiction and said that the doctrine of sovereign immunity insulated the Postal Service from cases brought under IRCA. The OCAHO based the decision on a recent Supreme Court holding in USPS v. Flamingo Industries 124 S Ct. 1321 (2004) where the Supreme Court concluded that the USPS was not subject to federal antitrust laws.

In making the decision, the OCAHO noted the nexus between the Supreme Court's decision exempting the USPS from anti-trust laws and the USPS's goals, obligations, and powers which are different from private market delivery companies; and noted further that "It is questionable whether an exemption from the anti-discrimination provisions of the IRCA would advance the USPS's goals and obligations." It is hard to imagine that Congress intended that the Postal Service, one of the nation's largest employers, would be exempt from IRCA.

This case was decided by OCAHO only on matters of law, the proceedings did not advance to the fact-finding stage. The Office of Special Counsel did not file an amicus brief, despite the importance of legal principle involved. In fact, no briefs from any interested organization were filed.

This decision was dated April 7, 2004 but has not received much publicity. We hope that action will be taken by interested bodies to remedy this unfortunate decision.


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Featured Article

Asylum Resource Series: Mexico
USCIS Asylum Resource Information Center offers asylum information on Mexico.


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Immigration Law News

Postal Service Can Engage In Unfair Immigration-Related Employment Practices
In Santos v. United States Postal Service (USPS), 9 OCAHO no. 1105 (USDOJ, EOIR, OCAHO. Apr. 7, 2004), the Office of the Chief Administrative Hearing Officer said that Congress apparently did not intend to expose the USPS to liability under the IRCA for unfair immigration-related employment practices. The OCAHO noted that the Complaintant was proceeding pro se and also noted that it was unfortunate that the Office Of Special Counsel did not file an amicus brief in this case.

USCIS Interim Rule On EADs
The USCIS announced an interim rule establishing EAD validity periods based on certain criteria. The rule also removes current regulatory language limiting EAD validity periods to one-year increments for certain classes of aliens who are required to apply for employment authorization.

DHS Secretary Ridge Considers Stepping Down After Election
The South Mississippi Sun Herald reports officials saying "Homeland Security Secretary Tom Ridge is considering stepping down after the November election, telling colleagues he is worn out from the massive reorganization of government and needs to earn money in the private sector to put his teenage children through college."


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Classifieds

Help Wanted: Immigration Attorneys
Jackson & Hertogs, based in San Francisco, CA, seeks experienced associates to work in multifaceted roles on a wide range of both nonimmigrant and immigrant cases. Successful candidates must be highly accountable individuals who take initiative and consistently deliver exceptional client service. Ideal candidates should possess the following: JD and licensed to practice law in the US; 2-5 years experience in employment-based immigration law; strong legal research and writing skills; highly motivated and detail oriented; excellent oral and written communication skills; excellent PC skills including Word, Excel, Powerpoint, email applications and immigration database/forms software. ARIA software experience preferred. Submit cover letter, resume, writing sample and references to Jennifer Wadhwa, Human Resources at: Jackson & Hertogs, 170 Columbus Avenue, Fourth Floor, San Francisco, CA 94133 or hr@jackson-hertogs.com.

Help Wanted: Immigration Paralegal
Bernard P. Wolfsdorf, a Prof Law Corp. seeks an experienced paralegal for its South Bay, Southern CA (Torrance) office. Ideal candidates should have a bachelor's degree, experience with all aspects of business immigration, including all types of immigrant visa petitions, labor certifications, adjustment of status and consular processing, and nonimmigrant visa petitions (particularly Hs, Ls, TNs, and Os). Will manage caseload with large degree of independence, communicate with clients regarding procedural and case processing issues, update and maintain client status reports, prepare bills, and serve as a team resource. Submit resume + cover letter to Michele A. Buchanan, Esq. at: MBuchanan@wolfsdorf.com. Bernard P. Wolfsdorf, P.L.C. is an equal opportunity employer.

Help Wanted: Immigration Paralegal
The Law Offices of Michael J. Gurfinkel, a prestigious Glendale, CA law office seeks an immigration paralegal with 2+ years solid experience in family, employment-based petitions, and deportation\removal defense. Excellent English writing skills and attention to detail required. Must be computer literate. Knowledge of Filipino language is a plus. Send resume to the attention of Millie by fax: (818) 543-5802 or email: paralegal@gurfinkel.com.

Help Wanted: Exchange Visitor Programs Manager
The American Council on International Personnel, Inc., (ACIP) is a not-for-profit trade association dedicated to facilitating the international movement of personnel. ACIP seeks an experienced professional to manage our two Exchange Visitor Programs in the Washington, DC office and is the primary contact for our J-1 visa and Canadian internship programs. Responsibilities include: responding to program inquiries; timely applications processing; frequent communication with ACIP member participants; liaise with DOS and Consular officials; SEVIS compliance; annual report preparation; file maintenance; and, continual process improvement. Adherence to all applicable laws and regulations is required. Our ideal candidate has: experience administering a J visa exchange program, including SEVIS; excellent communication skills; demonstrated commitment to customer service; ability to prioritize tasks, problem-solve and work independently. Must be a US citizen or LPR. This is a FT position. Work hours are flexible but must be available to respond to urgent client matters outside of normal business hours. Limited travel may be required. Email resume, cover letter and salary req. to dcreception@acip.com. No phone calls please.

Help Wanted: Immigration Paralegal
Ellis & Ged, PA, a fast-growing immigration law office in Boca Raton, FL, seeks an experienced immigration paralegal. Minimum 2+ years experience, with strong writing skills and emphasis in employment-based immigration. Bachelor's degree preferred. Salary commensurate with experience. Excellent work environment. Must be detail-oriented, well-organized and computer proficient. Please submit resume to Richard Hujber by email: richardh@ellisandged.com or fax: (561) 241-0812.

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Letters to the Editor

Readers are welcome to share their comments, email: editor@ilw.com.

None today.


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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