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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
February 13, 2002
Previous Issues

Editor's Comments

Several authors of letters to the editor commented on the letter from Michael D. in the February 12 issue of Immigration Daily. Vigorous and spirited debate in the press about issues of importance is part of the American tradition. Indeed, the Federalist Papers were originally published under a nom-de-plume. By remaining anonymous, the author of a letter may focus debate on the issues involved rather than the personalities. An author may also add more weight to an argument by revealing his identity and background.

As the hub for communication of immigration information, we are proud to offer a forum for discussion of immigration law related issues. Our standards for letters to the editor remain as they have been. We will not publish something we know to be factually inaccurate. We will not publish inappropriate language, such as "barnyard" language or ad hominem attacks. As the Letters to the Editor section has demonstrated different people starting from the same facts can come to inconsistent conclusions each of which is valid within its context. Send impassioned epistles to

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200,000 Attorney Searches per Year!

Approximately 200,000 searches are made each year for immigration attorneys on ILW.COM. That's almost 250 searches per year per attorney listed in our lawyer directory. Which means that if you are listed with ILW.COM, then your listing will be searched once each working day throughout the year. You need only one client a year to make a profit on your listing! For a personal discussion on listing your practice in our directory, please send an e-mail with your phone number to Alternatively, if you prefer to list yourself on-line, please click here:

ILW.COM Featured Article of the Day

Enron and Immigration: The Cost of Complexity
Gary Endelman compares the complexity of the unfolding Enron debacle with our current immigration system and notes the real cost of complexity is a loss of trust.

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Immigration News

Drug Possession May Not be an Aggravated Felony
In Gerbier v. Holmes, No. 00-2335 (3rd Cir. Feb. 8, 2002), the court concluded that a state felony drug conviction without a trafficking element constitutes an "aggravated felony" for immigration purposes only when the same crime would be punished as a felony were the alien prosecuted in federal court.

Court has Jurisdiction to Hear Claim of Coerced Withdrawal of Petition
The court in Boukhris v. Perryman, No. 01-C-3516 (N.D. Ill. Feb. 6, 2002), where Plaintiffs alleged that the INS had coerced a withdrawal of a marriage petition, determined that Plaintiffs had exhausted their administrative remedies.

Alien Inadmissible after Controlled Substance Conviction
In Hernandez-Osoria, No. 01 Civ. 5545 (S.D.N.Y. Feb. 7, 2002), the court upheld the Board of Immigration Appeals' (BIA) determination that Petitioner's conviction of a controlled substance offense rendered him ineligible for a waiver of inadmissibility.

Longshoremen Prohibited from Working under INA
The Department of State is issuing a proposed rule updating the list of countries whose laws, regulations or practices prohibit crewmembers on US ships from performing longshore work in accordance with section 258 of the Immigration and Nationality Act (INA).

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Immigration in the Press

Judge Says Child's Well-Being Is a Factor in a Deportation
The New York Times [registration required] reports that a federal judge in Brooklyn has provoked a fierce debate among immigration experts with a recent ruling that American officials cannot deport an immigrant because he is a felon unless they first consider the impact on a child he would leave behind in this country.

Lawyer, Wife Admit Smuggling Scheme
According to the Washington Post the head of one of the nation's largest immigration asylum law firms and his wife pleaded guilty to faking asylum applications to help smugglers bring hundreds of Chinese into America.

ILW.COM Chats and Discussions of the Day

Chat with Barry Lieber
Barry Lieber will answers questions on all aspects of immigration law on Wednesday, February 13, 2002, at 9:00 p.m. Eastern (New York) time. Questions will be accepted beginning 15 minutes before the start of the chat.

Letters to the Editor

Dear Editor:

Re: Michael D.'s comments in your February 12, 2002, issue. I am disturbed that the Daily would publish a diatribe of this nature, with significant factual inaccuracies and unsupported assertions, without even requiring the author to give his full name. All of us can contribute to dialogue on both sides of contested issues, but we should do so honestly and openly, in our own names.

Leslie Thiele
Albany, New York

Dear Editor:

The letter you published in the February 12th issue from a purported immigration lawyer calling himself "Michael D." is an obvious plant from a nativist group like FAIR, because no immigration lawyer hates foreigners like that. I want to draw attention to one huge canard in the letter. He claims undocumented aliens do not pay significant "taxes" because they either have low incomes or do not file tax returns. The hyperventilating apologist who wrote the letter is deliberately confusing the concept of "income taxes" with the general fact of "taxes." In fact, whether or not they pay income taxes, undocumented aliens pay large amounts for other taxes, especially payroll taxes and sales taxes. Those are highly regressive taxes, so the undocumented persons pay extremely high levels of taxes. Most studies I've seen from reputable economic sources indicate that undocumented aliens in fact pay significantly more in taxes than they receive in services, although there are some local or individual exceptions. In addition, they contribute greatly to overall economic productivity, for many reasons. There are sensible reasons for wanting to limit immigration to the United States, based on social, cultural and political factors. But the facts on taxes and services actually are strongly in favor of open immigration.

I also want to express my opinion--as a conservative, Catholic Democrat--that it is simply racist to disparage undocumented aliens as "illegals." Human beings cannot be illegal, and most reasons for being out of status are not crimes but civil status violations skin to parking violations, frequently due to US government delay and inefficiency, not to any fault of the person. I suspect Mr. Law-and-Order sometimes speeds and overparks and doesn't wear his seatbelt. That makes him an "illegal citizen," right? I'd sure like to see him get his citizenship stripped and his bags packed, because he is a disgrace to the United States.

Bruce A. Hake

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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.

The second annual New Jersey Institute for Continuing Legal Education (ICLE) Seminar that will be run in conjunction with AILA on Wednesday March 20, 2002, from 9:00 a.m. to 3:30 p.m. at the Gateway Hilton in Newark, New Jersey. Speakers include: Dolores DeHaan, Betty Manfredonia, Paul Novak, Andrea Quarantillo, Susan Rauffer and William Yates. For details 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