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Immigration Daily

The leading
immigration law
publisher - over
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Immigration LLC.

Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
January 18, 2002
Previous Issues

Editor's Comments

The President has signed two immigration bills into law. H.R. 2277 provides for work authorization for nonimmigrant spouses of treaty traders (E-1s) and treaty investors (E-2s). H.R. 2278 provides for work authorization for nonimmigrant spouses of intracompany transferees (L-1s), and reduces to six months the period of time during which intracompany transferees under a blanker L petition have to be continuously employed before applying for admission to the US. INS will now need to publish regulations implementing the legislation.

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Seminar with Ron Klasko

Ron Klasko will soon present a 3-part telephone and email seminar series titled: "Adjusting Your Thinking: Who Can, Who Can't and Who Shouldn't Adjust Status."

For an outline of the syllabus, click here.

For questions and answers about the seminar series, click here.

To sign up online, click here.
To sign up by fax, click here.

Reading the info takes only a few minutes, and does not cost you a dime! Click now on the links above!

Don't delay, the deadline to sign up is January 22nd.

ILW.COM Featured Article of the Day

Department of Justice Focus on Arab "Absconders" Raises Question of its Consistency with Civil Rights Division Guidelines
Carl R. Baldwin writes about the decision of the Department of Justice of focus on young Arab men before all others in apprehending aliens who are subject to a deportation or removal order but are still in the US.

Get new clients & keep them happy by staying on top of the latest! Adjustment is now quite complex & involves weighing many issues. So does Consular Processing (& traveling is a monkey wrench!) Noted attorney Ron Klasko (former AILA National President) will share his unique insights & guide you through the new subtleties & nuances in his seminar. Don't delay! Read all about it! For more info: Or:

Immigration News

Act is Exercise of Discretion
In Carranza v. INS, No. 00-2365 (1st Cir. Jan. 17, 2002), the court rejected the argument that INS's issuance of a Notice to Appear within ten weeks of Petitioner's conviction for an aggravated felony was merely an act but a failure to exercise discretion.

State Misdemeanor can be Aggravated Felony
The court in US v. Gonzalez-Vela, No. 00-5417 (6th Cir. Jan. 17, 2002), determined that state misdemeanor conviction for sexual abuse of a minor was an aggravated felony for purposes of immigration law.

Border Patrol, Native American Leaders Meet to Bolster Border Security
Border Patrol officials and other representatives of the INS are meeting with Native American leaders and law enforcement officials to explore ways of jointly strengthening security along both the Southwest and Northern borders.

Immigration in the Press

"Special Case" INS Detainees Decline, But Not as Fast as Ashcroft Reckons reports that the number of Muslim men jailed on minor immigration charges across the country since Sept. 11 declined to about 450 last week, according to US Attorney General John Ashcroft, down from the high of 548 he reported in November, but numbers obtained from New Jersey jail officials and estimates from defense lawyers suggest that the total population of Muslim men detained may be closer to 600.

High Court Weighs Worker Rights
The Associated Press on Yahoo news reports on the Supreme court arguments over whether illegal immigrants have the same rights as Americans if they are mistreated at work. One of the cases being reviewed is Hoffman Platics v. NLRB, No. 98-1570 (D.C. Cir. Jan. 16, 2001), which was decided a year ago and is the subject of today's This Day in Immigration.

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This Day in Immigration

From January 18, 2001

"Illegal Aliens Get Back Pay In Hoffman Platics v. NLRB, No. 98-1570 (D.C. Cir. Jan. 16, 2001), the court found that neither precedent nor the Immigration Reform and Control Act of 1986 ("IRCA") bars the award of backpay to undocumented discriminatees."

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 must comment on the brilliance and sincerity of Mr. Alexander and Mr. Frecker (letters on 1/17) as they clearly understand the the difference between LEGAL immigrants and ILLEGAL immigrants. Laws such as 245(i) which ONLY benefit those that have broken the law should never reward criminals and punish those that wait patiently overseas to enter the U.S. legally such as Mr. Alexander's Turkish friend. I do not support the premise that we need a reduction in legal immigration but I strongly support a zero tolerance policy on illegal immigration and a permanent deletion of section 245(i) and any law remotely similar. Once that is accomplished we will see that the immigration levels will come down to a number we can all live with and those that have entered legally from the start will get the respect they deserve.

J. Seyes

Dear Editor:

I agree with every word in Mr. Richard E. Baer's letter (01/16/02). Also, I would like to express my opinion.

According to 2000 Census there are between 8-9 million illegal aliens in US. Half of them Mexicans. So another half are from countries from all over the world. I deeply believe that most of those people were terribly shocked by September 11 tragedy. Also I believe that most of them were expecting some legal solution to resolve their status in the US. Most of them, like the Mexicans, have been working hard, paying taxes, bringing up their US born kids. I have a lot of respect for Mexican people, but I sincerely believe that every nation's people working hard and loving America deserve to become a legal part of this beautiful, unique country!

Hopeful Reader

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For information on advertising in the classifieds please click here.

We are seeking at least two attorneys to practice in the areas of business and family immigration, port of entry inspections, and consular processing. Applicants should have at least 2 to 5 years of experience. Depending upon experience and practice, limited equity shareholder positions may be available. Board certification an obvious and appreciated plus. Ability to speak Spanish as well as other languages preferred. Excellent internet and legal writing skills are required. The positions are in El Paso with the firm of Kemp Smith, P.C. The firm has been in existence for over 100 years and has another location in Austin. El Paso offers close proximity to the US Consulate in Cd. Juarez and a user friendly INS district office as well as several ports of entry. The firm's web site is at For further information, please contact Kathleen Walker at 915-546-5325 or via e-mail at

National immigration law firm seeks senior level business immigration attorney, with 7+ yrs. exp. in all aspects of employment based immigration, for its Atlanta, Georgia office. The position requires strong writing and excellent verbal communication skills. The ideal candidate has had account management experience and is able to work independently in a team environment. Competitive salaries and excellent salaries offered, will relocate. Please send resume and writing sample to: Anne-Rose van den Bossche, Esq., Fragomen, Del Rey Bernsen & Loewy, 515 Madison Avenue, New York, NY 10022, or fax to (212) 750-1121 or e-mail No calls please.

The American Bar Association, Immigration and Nationality Committee of the Section of International Law and Practice, and the ABA Immigration Pro Bono Development and Bar Activation Project invite you to attend the following program and reception on Tuesday, January 22, 2002, "What Consular Officials Should Know About Recent U.S. Immigration Developments: A Dialogue With The Consular Corps And Legal Community," at the Canadian Embassy, 501 Pennsylvania Avenue N.W., Washington, D.C. 5:30-7:30 p.m. For details and registration form click here.

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 2002 American Immigration LLC, ILW.COM