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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
February 6, 2002
Previous Issues

Editor's Comments

Congress is back in session, but so far has been turning its attention to national security, the economy and Enron instead of considering immigration issues. The first immigration related committee hearing of the year is scheduled for February 6 when the House Subcommittee on Immigration and Claims will hold an over sight hearing on "The Operations of the Executive Office for Immigration Review (EOIR)." As Carl Baldwin writes about in his article "Immigration Judges Seek Independence from Department of Justice and Attorney General," Immigration Judges, who are part of the EOIR, are seeking the creation of an independent agency under the Executive. As Congress resumes its work it is important to let your Representative and Senators know your views. For a list of Senators, click here. To contact Representatives, click here.

How to Get and Keep Corporate Clients? Use ILW's Case Tracking! Each case takes only a few minutes from start to finish! Serious practitioners find this modern technology a "must have." For more info, send e-mail to:, include your phone #.


Labor Certification with Joel Stewart

ILW.COM is happy to present a new seminar series "Labor Certification with Joel Stewart." Like all our other seminar series, this is also a 3-session telephone and email seminar series. Historically, labor certification has been one of the most complex and fast-changing areas of immigration law practice. It is crucial for attorneys to stay on top of this important area, this seminar can help you be on the cutting edge.

Joel Stewart is a scholar in the area of labor certification. He reviews decisions of the Board of Appeals for Labor Certification Applications in Immigration Law Today (formerly AILA Monthly Mailing) ever since BALCA was created in the late 1980s. His thoughts are unconventional, and he is frequently able to suggest "outside-the-box" solutions to otherwise intractable labor certification problems.

He is joined by many eminent guest speakers for this series. They are Roxanna Bacon, Lorna Rogers Burgess, Ronald Klasko, Angelo Paparelli, and Ann Pinchak.

During the 30 min Q & A period following each of three 60 min phone presentations, you will be able to ask your labor certification questions directly to Joel and his distinguished panel (you can also e-mail your questions later and receive answers by e-mail). For more info, including a session-by-session breakdown of topics and detailed bios for the speakers, please click here:

ILW.COM Featured Article of the Day

Immigration Judges Seek Independence from Department of Justice and Attorney General
Carl R. Baldwin writes about the position paper by the National Association of Immigration Judges calling for the creation of independent immigration courts.

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 News

No Citizenship Even if Statute Were Unconstitutional
In US v. Cervantes-Nava, No. 01-50200 (5th Cir. Feb. 4, 2002), the court rejected an equal protection challenge to a statute which provided more favorable terms for naturalization for illegitimate children than legitimate ones finding that even if it were stuck down as unconstitutional, Defendant would still not gain citizenship.

Indeterminate Sentence Counted as Maximum of Range
The court in Garcia-Armenta, No. 01-4041 (10th Cir. Feb. 4, 2002), found that a sentence for an indeterminate period of 0-5 years is considered to be a sentence for the maximum period, and so is an aggravated felony.

INS Summary of FY2003 Budget
The INS has published an Executive Summary of the FY03 budget and more detailed information on Border Enforcement, Interior Enforcement, Detention and Removals, Immigration Services and Support and Administration.

DMIA Task Force Meeting
The INS has scheduled an open meeting of the Data Management Improvement Act of 2000 (DMIA) Task Force for Wednesday, February 20, 2002, 1 to 5 p.m. at INS Headquarters, 425 I Street NW., Washington, DC 20536.

Firearms for Nonimmigrants
The Bureau of Alcohol, Tobacco and Firearms has issued a temporary rule implementing the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, relating to firearms disabilities for nonimmigrant aliens, and the requirement for import permits for nonimmigrant aliens bringing firearms and ammunition into the US.

EOIR Oversight Hearing in Congress
The House Subcommittee on Immigration and Claims is scheduled to hold an oversight hearing on "The Operations of the Executive Office for Immigration Review (EOIR)" at 2:00p.m. on Wednesday, February 6, 2002.

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:

Immigration in the Press

Expired Visas Drawing More Attention
According to the Nando Times since September 11 the INS has increased scrutiny of people applying for visas, particularly among Middle Eastern men, but overall, the system remains substantially unchanged.

New Olympic Visas Are Anti-terror Tool
The Denver Post reports that the international Olympic cadre entering Salt Lake City this week is using a new high-tech visa system that could become a permanent tool in the war on terrorism.

ILW.COM Chats and Discussions of the Day

Chat with Raj Bhushan
Raj Bhushan will answers questions on all aspects of immigration law on Wednesday, February 6, 2002, at 9:00 p.m. Eastern (New York) time. Questions will be accepted beginning 15 minutes before the start of the chat.

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For information on advertising in the classifieds please click here.

Representing Immigrant Children and Challenging Unlawful Arrests, El Paso, Texas-Ciudad Juarez, Mexico, February 20-22, 2002. Sponsored by the Lawyers Committee for Civil Rights Under Law of Texas, and the University of Texas, El Paso, Center for Law and Border Studies. Register early and save money. $200 for full three day conference if registration is received by January 30, 2002. To register by phone or for more information, contact the University of Texas, El Paso, Center for Law and Border Studies: Phone(915)747-8866 Fax: (915) 747-5538. The full conference agenda and registration information available on-line at: Texas and New Mexico CLE for attorneys available 0.6 CEU credits for social workers and counselors. Limited scholarship money available. For more information on scholarships, contact Sofia Munoz at the Lawyers Committee for Civil Rights:, (915) 532-3370. Of particular importance post 9/11, this conference will address the issues related to immigration stops, arrests, suppression and detention, with the focus on children. For additional information: In El Paso, UTEP: 915-747-8866 Sofia Munoz, Lawyers Committee, (915) 532-3370. In Dallas: Natalia Walter, (214)559-4130.

Immigration...The Times They Are A Changin' February 28, March 1 2002, SeaTac DoubleTree Hotel, 18740 Pacific Hwy. So., Seattle. This year's expanded seminar has been revamped to maximize information sharing with government speakers and experienced practitioners. More government speakers, larger facilities, and exciting new roundtable discussions will educate and challenge attendees of all experience levels. Attendees new to immigration will receive a comprehensive, practical and clear overview in virtually all areas of immigration law. Advanced attendees will learn how to incorporate the new laws and procedures into their daily practice. In addition, all attendees will learn to resolve complex matters so unique that they cannot be researched in traditional periodicals. To Register or view the full program brochure click here. For questions or more information call Denise at: (206) 340-2578.

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