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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
September 7, 2001
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Editor's Comments

Immigration has hit the big time. The state visit of Mexican President Vicente Fox is the lead story on every news program, and the number one issue addressed is the fate of the millions of his fellow countrymen working in the US without documentation. In his remarks at the White House President Fox suggested an ambitious timetable of resolving the issue by the end of the year. President Bush, while renewing his commitment to find some solution has tried to temper expectations talking in terms of several years for a solution. Ultimately, it will be up to the House and Senate to enact any changes to our immigration laws. With the issue at the forefront now may be the time to contact your Representative and Senators with your views to help shape the final outcome of this national debate.


Meet ILW.COM in San Antonio!

ILW.COM will be exhibiting at AILA's Fall Conference in San Antonio, Texas on September 14th. A member of the ILW.COM team will be arriving in San Antonio one day in advance of the conference to give demos to attorneys interested in ILW.COM products, particularly case tracking. If your office is in San Antonio, and you would like a demo at your office, please send an e-mail to If you are visiting San Antonio and would like to have a private, one-on-one demo of case tracking on September 13th, please send an e-mail to The demo will not merely be technological. We will be happy to share with you the business insights we have gleaned and explain how you can use case tracking as a major competitive advantage for your firm.

Tip of the Day


The INS web site has a wealth of valuable immigration information. ILW.COM tries to make it easy for you to find the INS information you want. We have organized the information in Employment INS FAQs, Family INS FAQs, Visitor Visa INS FAQs and General information INS FAQs. We hope the organization will allow you to find the answers you need.

ILW.COM Featured Article of the Day

Certified Mail, Return Receipts, Required to Contact US Workers
Joel Stewart writes that the lesson from recent BALCA decisions is that employers should send letters by certified mail return receipt requested not only to all potential job applicants, but even to those whom the employer has interviewed by phone or in person.

Immigration News

No Jurisdiction to Review Failure to Exercise Discretion
In US v. Hidalgo-Marte, No. 00-2356 (1st Cir. Sept. 6, 2001), the court found it had no jurisdiction to review the district court's decision not to grant a discretionary downward departure in sentencing.

Illegal Reentry and Illegal Possession of Firearm Involve Different Interests
The court in US v. Herrera, No. 00-5251 (6th Cir. Sept. 6, 2001), rejected Defendants argument that his guilty pleas to illegal entry after deportation and being an illegal alien in possession of a firearm should be grouped together for sentencing purposes because the purpose behind the laws is dissimilar.

Alien Ineligible for Relief after Serving Five Years
In Mezrioui v. INS, No. 3:00cv00109(JBA) (D. Conn.June 4, 2001), the court denied Petitioner request for a stay of deportation and habeas petition finding him statutorily ineligible for 212(c) relief due to the length of the sentence he had served.

Revised Sentence not an Aggravated Felony
In In re SONG 23 I & N Dec. 173 (BIA 2001) the Board of Immigration Appeals (BIA) determined that where a criminal court vacated the 1-year prison sentence of an alien convicted of a theft offense and revised the sentence to 360 days of imprisonment, the alien does not have a conviction of an aggravated felony for immigration purposes.

Work Authorization for E-2s
The House passed by voice voteH.R. 2277 providing work authorization for spouses of treaty traders and investors.

Work Authorization for L-2s
The House passed by voice voteH.R. 2277 providing work authorization for spouses of intracompany tranferees.

House Resolution on Mexico
A House resolution on the important relationship between the United States and Mexico recognizes that the countries share concerns on a wide range of issues, including trade, immigration, the environment, economic development, and regional security and stability.

Rep. Jackson Lee Lays out Democrats Immigration Priorities
In remarks expressing her disappointment that the Bush Administration may take 4 to 6 years for a comprehensive immigration reform package, Rep. Jackson-Lee reiterated the Democratic Principles on Immigration reform - family reunification, earned access to legalization, border safety and protection, enhanced temporary worker program, and ending unfair discrimination against legal immigrants.

Rep. Tancredo Decries Massive Immigration
Rep. Tancredo takes advantage of the visit of President Fox to address the issue of massive, uncontrolled, illegal and legal immigration into the United States.

Rep. Kaptur Seeks Help of Bush and Fox
In a letter to Presidents Bush and Fox Rep. Kaptur writes that "the root causes of the immigration crisis lie in the deep and continuing disparity between compensation and living standards of workers on either side of our border. Our continent needs a common minimum wage and common labor standards."

Extension for Biometric BCCs
Sen. Kyl introduced S. 1400, a bill to amend IIRIRA to extend the deadline for aliens to present a border crossing card that contains a biometric identifier matching the appropriate biometric characteristic of the alien.

Upcoming Senate Meetings
Upcoming Senate committee meetings include a September 7 meeting of the Judiciary Committee to examine the historical opportunity for US-Mexico migration discussions, a September 12 meeting of the Immigration Subcommittee to examine S. 1265, a bill to require the Attorney General to cancel the removal and adjust the status of certain aliens who were brought to the US as children, and a September 19 meeting of the Judiciary Committee to hold hearings on S. 702, for the relief of Gao Zhan.

Immigration Bills Passed in House
A news advisory from the House Committee on the Judiciary reviews the immigration bills passed so far this year - H.R. 1885, the "Section 245(i) Extension Act of 2001" (passed House 5/21/01), H.R. 1209, the "Child Status Protection Act of 2001" (passed House 6/6/01), H.R. 1892, the "Family Sponsor Immigration Act of 2001" (passed House 7/23/01), H.R. 2277, employment authorization for E-2s (passed House 9/5/01), and H.R. 2278, employment authorization for L-2s (passed House 9/5/01).

Presidents' Remarks
In his remarks at the White House Mexican President Vicente Fox stated, "we must, and we can, reach an agreement on migration before the end of this very year, which will allow us, before the end of our respective terms, to make sure that there are no Mexicans who have not entered this country legally in the United States, and that those Mexicans who have come into the country do so with the proper documents."

OF 156E Replaced
The Department of State has canceled Optional Form: OF 156E, Nonimmigrant Treaty/Inventory Visa Application. This form is now a State Department form (DS Form 2051). You can request copies of the new form from: Department of State, IS/OIS/DIR, 2201 C Street, NW; Room B264NS, Washington, DC 20520-0264, (202) 647-0596.

Immigration in the Press

Mexico's President Delivers Speech to Congress
According to an Associate Press article in the New York Times [registration required] Mexican President Vicente Fox pressed his case for swift immigration overhaul to Congress on Thursday. But President Bush called proposals to grant legal status to Mexicans now in the country illegally "an incredibly complex issue."

This Day in Immigration

From September 7, 2000

"Congress is back in session this week and living up to the stereotype of being long-winded politicians. Today's issue of Immigration Daily has five items of Congressional news. Why do we include items such as new co-sponsors added to a bill or an announcement that correspondence has been transmitted? We try to be complete in our coverage of immigration and the past issues of Immigration Daily are building a searchable archive of immigration material. More importantly, it is an education for all of us. By showing how Congress makes decisions-the paths bills have to follow, the adding and dropping of co-sponsors, how members take advantage of debate on unrelated bills to include their views on immigration-we can understand better why the immigration laws are the way they are, and how to get better laws passed."

The ILW.COM archive of immigration information is 20,000 pages and continually growing. To search the archive by date, click here, or search by entering a keyword:

Letters to the Editor

Dear Editor:

I am an immigration attorney and as such I read your newsletter daily. It is the finest source of breaking immigration news that I have found. I particularly appreciate the printing of the text of recent decisions of interest. Often I find cases relevant to our practice long before our cd rom based software is updated to include them.

I read with fascination and horror Joel Stewart's article on Matter of Kaplan, the BALCA decision apparently dedicated to ending the very concept of a domestic specialty cook. However, I have not seen the text of the decision appear on your site. Please print the case for those of us who may have clients in a similar situation. And my thanks and a "well done" on your publication.


Admitted in New York and Connecticut

Editor's Note: You can read the decision at,0907-Kaplan.pdf.


ILW.COM carries classified ads for immigration related positions. $100 for single insertion, $250 for five consecutive insertions, payable in advance. Contact us for details. We will also carry for no charge announcements such as immigration related events. We reserve the right to refuse any ad and to make minor editorial and formatting changes. Send to

Attorney Wanted For PART TIME position (about 20hrs/week) with FLEXIBLE HOURS to work on business cases. Experience required with RIR's, H's, L's, E's, O's and I-140's. Good writing skills, organizational ability, computer literacy, legal and Internet research skills essential. Scientific or financial background a plus. Foreign language fluency desirable. Opportunity to convert to full time and include work on asylum, domestic violence, removal cases, and federal court litigation. Small office setting provides congenial, informal working environment with immediate case responsibility. Salary DOE with performance bonus. E-mail resume with applicable writing sample, salary requirement, and references to or send via regular mail to Thomas E. Moseley, One Gateway Center-Suite 2600, Newark, New Jersey 07102 or FAX to 973-645-9493. For lengthy writing samples (5 or more pages) use e-mail or regular mail only.

Fragomen, Del Rey, Bernsen & Loewy, is the largest law firm in the country practicing exclusively in the area of immigration and nationality law. In order to meet the demands of our growing business, the firm is actively recruiting for experienced paralegals in its ATLANTA, NEW YORK, NEW JERSEY,and CHICAGO offices. The ideal candidate has business immigration experience or a human resources background dealing with immigration issues. Must have excellent verbal and written communication skills and be able to perform multiple tasks in a fast-paced environment. The firm offers superior salaries and exceptional growth opportunities. Please submit cover letter and resume to Anne-Rose van den Bossche, Esq., Fragomen, Del Rey, Bernsen, & Loewy, 515 Madison Ave, New York, NY 10022 or fax 212-750-1121 or

Angelo Paparelli and Steve Yale-Loehr will conduct a teleconference and e-mail listserv series titled On the Cutting Edge: H-1B Practice and Strategy with Angelo Paparelli and Steve Yale-Loehr. The final teleconferences will take place Wednesday October 3, 2001, at 1:00-2:30 p.m. Eastern (New York) time. It is open to attorneys, employers, HR professionals and anyone else interested in the H-1B process and strategy. For more information or to register click here.

American Immigration Lawyers Association 2001 Fall CLE Conference "It's a Border Thing" September 14, 2001, La Mansion del Rio Hotel, San Antonio, Texas. Register before August 24, 2001, and save $$. Receive discounted hotel rates when you make hotel reservations by August 20, 2001. Visit the Conference section of to obtain registration and hotel information. Don't Miss This Exciting Conference!

Saturday, October 13, 2001, 9:00 a.m. to 1:00 p.m. at Ramada Inn, Fairfield, NJ. A panel of experienced immigration lawyers and paralegals will explain how the administrative system operates and present the information you need to handle basic immigration matters. Youll also hear directly from several agency representatives about the procedures you need to follow when dealing with these agencies. For details click here.

American Immigration Lawyers Association, Central Florida Chapter (AILA-CFC) will be holding its 15th Annual Advanced-Level Immigration Law Seminar on October 26-27 at the Renaissance Orlando Resort, Orlando, Florida. Discounted hotel rates are available from the resort. Point of contact for information/registration is Steve Zawacki, or 407/831-6644.

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. Correspondence to Letters may be edited and may be published and otherwise used in any medium.
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Marc Ellis, Gary Endelman

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