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Immigration Daily

The leading
immigration law
publisher - over
50000 pages of free

Immigration LLC.

Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
December 20, 2001
Previous Issues

Editor's Comments

The Department of Justice has announced that Tyson Foods executives and managers have been indicted for conspiring to import and transport illegal alien workers from the Southwest border to Tyson plants throughout the United States. According to the indictment, Tyson Foods cultivated a corporate culture in which the hiring of illegal alien workers was condoned in order to meet production goals and cut costs to maximize profits. The indictment describes a scheme by which the defendants requested delivery of illegal aliens to work at Tyson plants in the United States and aided and abetted them in obtaining false documents so they could work at Tyson poultry processing plants "under the false pretense of being legally employable." According to INS Commissioner James Ziglar, "[t]his case represents the first time INS has taken action against a company of Tyson's magnitude."

The indictment is bound to arouse a broad range of reactions from praise for enforcing immigration laws to crticism for focusing on workers rather than terroists with many viewpoints in between. Comments on the wisdom, or folly, of the government's action are welcomed in letters to the editor at

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Tip of the Day

Attorney Chat

ILW.COM hosts live chats with immigration attorneys two times a week. For immigration attorneys, participating in a chat provides many benefits. Many chat attorneys have commented that after each chat they receive numerous inquiries that often lead to paid business in actual cases. ILW.COM chat attorneys have also found that their name recognition has increased and participating in the chat leads to a great amount of public exposure. ILW.COM provides links to the attorney's web page and the web statistics show that the websites get a large number of page views both before and after the chat.

ILW.COM vigorously markets the chats through various other websites and listservs. Before a chat session ILW.COM provides the attorney with a free half hour training session at the attorney's convenience in which we show the attorney how to use the chat program and make sure they have the appropriate equipment. Each live chat session lasts for one hour.

ILW.COM later revises the chat transcripts and posts the scripts on the website. By posting the chat transcripts the one-hour that the attorney has invested in conducting the chat becomes a permanent way of making the attorney's services known to potential clients. Many site visitors go through previous chat transcripts in order to see if questions similar to theirs have already been answered. Many attorneys who have participated in ILW's chats have enjoyed the experience and have returned to chat with us again. If you are interested in participating as an attorney on a live chat, please contact us at

ILW.COM Featured Article of the Day

180 Day Portability Rule: Clearing Up Common Misconceptions
Carl Shusterman clears up some misconceptions about changing jobs while an adjustment application based on a labor certification is pending.

Thousands of immigrants each month search for attorneys on ILW.COM. Corporations, too, use ILW.COM to find immigration counsel. ILW.COM membership can be your most cost-efficient marketing tool! Just one new client will pay for the entire year's fee! Click here for more info.

Immigration News

No Abuse of Discretion in Denial of Reconsideration
The court in Nascimento v. INS, No. 01-1338 (1st Cir. Dec. 19, 2001), found that the Board of Immigration Appeals (BIA) did not abuse its discretion when it denied reconsideration because Petitioner's motion was "conclusory, unsupported by the record, and insufficiently detailed to serve as a basis for a grant of respondent's motion to reconsider."

Notice of Exclusion Proceedings Not Required on Advance Parole Form
In Dimenski v. INS, No. 01-2351 (7th Cir. Dec. 19, 2001), the court found that Petitioner had properly been placed in exclusion rather than deportation proceedings, and that there is no Constitutional requirement that the forms for advance parole provide notice of the difference.

Substantial Evidence Supports Denial
The court in Bogdan v. Ashcroft, No. 00-3695 (8th Cir. Dec. 19, 2001), found there was substantial evidence to support the Immigration Judge's denial of Petitioner's asylum claim and the Board of Immigration Appeals' dismissal of the appeal. The court has made available the Appellant's brief and Appellee's brief.

Emergency Review of DS-157
The Department of State has published a notice of information collection under emergency review for Form DS-157, Supplemental Nonimmigrant Visa Application.

Indictment Against Tyson for Alien Smuggling
Michael Chertoff, Assistant Attorney General for the Criminal Division announced that a federal grand jury in Chattanooga, Tennessee returned a thirty-six count indictment against executives and managers of Tyson Foods, Inc. for conspiracy to smuggle illegal aliens to Tyson Foods processing facilities in the US for profit.

INS Offices Holiday Closings
INS office will be closed December 24 and 25, and Application Support Centers will be closed December 22, 24 and 25.

Immigration in the Press

Ashcroft Reviews Overturned Deportation
The Washington Times reports that Attorney General John Ashcroft is reviewing a request by INS officials who want to overturn a ruling by the Board of Immigration Appeals that halted the ordered deportation of a Haitian nanny convicted of killing an 18-month-old baby.

"Immigration Implications of September 11th tragedy" Attend the at-cost seminar series moderated by Stephen Yale-Loehr. Click here for more info or to signup online. Click here for more info or to signup by fax

This Day in Immigration

From December 20, 2000

"New NAFTA Occupations The INS proposes to add the occupations of actuary and plant pathologist to the list of professionals eligible for TN status under NAFTA."

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:

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For information on advertising in the classifieds please click here.

Des Moines, Iowa. Basic intensive immigration legal training seminar to be held January 14-18, 2002, at the Marriott Hotel in downtown Des Moines. Sharply discounted room rates of $49/night plus tax for single or double at the downtown Marriott. Call 800/228-9290 for room reservations and mention the immigration legal training seminar. Sponsored by the Midwest Legal Immigration Project and the Immigrant Legal Resources Center. For more information, call Cyndy Bolsenga, 515/271-5730 or fax 515/271-5757 or e-mail

On January 31st & February 1st 2002, the National Immigration Forum will host its inaugural conference A Nation of Immigrants in the 21st Century: Moving Forward in a Time of New Challenges. The conference will be held at the Mayflower Hotel in Washington, D.C. For details, click here. For registration form, click here.

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.
Editorial Advisory Board
Marc Ellis, Gary Endelman

Copyright 2001 American Immigration LLC, ILW.COM