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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
February 20, 2002
Previous Issues

Editor's Comments

The Attorney General has published in the Federal Register the Proposed Rule to Reform Board of Immigration Appeals (BIA). Under the new case management procedures, all cases appealed to the BIA will be examined by a Board member assigned to the screening panel. Most cases will be resolved through summary decisions issued by a single Board member. The assigned Board member on the screening panel will also identify those cases that warrant review by a three-member panel. The Board will no longer revisit factual determinations of immigration judges on a de novo basis, but will be able to remand cases for further factfinding where necessary. In addition, the rule will set specific time limits for the disposition of cases. After a transition period of operation under the new procedures to eliminate the current backlog of cases, the Board will be reduced in size to eleven members from its present size of 19 members plus four vacancies.

Written comments must be submitted on or before March 21, 2002. Those making comments should identify themselves and the qualification for making the comment. Be specific about what part of the rule you are addressing, and remember the difference between a criticism and a comment. Comments on this rule should be sent to Charles K. Adkins-Blanch, General Counsel, Executive Office for Immigration Review, Suite 2400, 5107 Leesburg Pike, Falls Church, VA 22041; telephone (703) 305-0470.

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Deadline for Adjustment Seminar

The deadline to sign up for the second phone session of "Adjusting Your Thinking: Who Can, Who Can't and Who Shouldn't Adjust Status" is February 20th.

For questions and answers about the seminar series, click here. For the outline, speaker bios or sign up online, click here (for the same info by fax, click here).

Click on the links above to decide if this seminar series will be useful to you. If you have any questions about the seminar series, you can send them to

ILW.COM Featured Article of the Day

Not All H-1Bs Are Created Equal
Gary Endelman offers some bold proposals to reform the H visa program so that it serves the US economy.

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

Alien "Found in" US When Discovered
In US v. Rosales-Garay, No. 01-1017 (10th Cir. Feb. 15, 2002), the court determined that the date of Defendant's offense of being a previously deported alien who without permission "enters, attempts or enter or is at any time found" in the US was the date he was discovered by the INS.

Proposed Rule to Reform BIA
The Department of Justice has published a proposed rule to revise the structure and procedures of the Board of Immigration Appeals, in order to provide for an enhanced case management procedure, and expand the number of cases referred to a single Board member for disposition.

Committee Comments on GAO Immigration Fraud Report
The House Judiciary Committee has released a news advisory on the recent GAO report "describing an immigration system manipulated by terrorists and other criminal aliens to carry out violent or other unlawful activities."

Senate Hearing on "Unaccompanied Alien Child Protection Act"
The Senate Immigration Subcommittee is scheduled to hold a hearing on Thursday, February 28, 2002 at 2:30 p.m. on "Unaccompanied Alien Child Protection Act."

EOIR Recognizes Outstanding Pro Bono Efforts In Immigration Appeals Project
The Executive Office for Immigration Review (EOIR)) together with its nongovernmental organization (NGO) partners will recognize outstanding pro bono efforts at an awards reception hosted by the NGOs on February 20.

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Immigration in the Press

Prevailing Wage Decision Receives Praise, Criticism
The Las Vegas Review Journal reports that Nevada State Labor Commissioner Terry Johnson decided that laborers should be paid the prevailing wage for their work regardless of their residency status.

ILW.COM Chats and Discussions of the Day

Chat with Mira Mdivani
Mira Mdivani will answers questions on all aspects of immigration law on Wednesday, February 20, 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:

In your Editor's Comments of January 30, 2002, you wrote, "Congress may well resort to treating the issues (sic. On immigration) in its traditional manner of lots of talk and little action". It may be that Congress is all talk and no action on the immigration solution but it does appear that Democrats in Congress are becoming aware of the importance that the Hispanic American vote will have in the upcoming elections. (See Daschle, Gephardt Lend Ear to Hispanic Caucus as reported under Immigration in the Press.) The Hispanic American vote may well help decide who will be in the next Congress, and the candidates' commitments on the immigration problem may help determine who will get these votes.

In the 1990 census, Hispanic Americans, i.e. citizens of the United States who trace their ancestry to countries in the western hemisphere where the Spanish language is spoken, number over 22.3 million and it is predicted they will number more than 50 million by the year 2025. The largest sub-group is the Mexican American, 17 million. Next are the Puerto Rican voters in this country, 2.7 million (Puerto Rico's 3.2 million island residents are American citizens, too, but non-voting). The third sub-group of Hispanic American citizens is the Cuban, numbering over 1 million; and there are some 2 million other Hispanic American voters from different Central and South American countries. Together they constitute the largest ethnic voting minority in this country. They are the Hispanic Americans and they are increasingly becoming more unified in their Hispanic identity. Like some sleeping giant they may be just awaking to an awareness of their political power if they vote and vote together. (Note: The U.S. 2000 census quotes much higher numbers than the above.)

The first Mexican Americans were Mexican citizens who lived in the northern territories of their country. They were granted American citizenship when this country annexed one third of Mexico after the Mexican war. Most contemporary Mexican Americans, however, trace their roots to the poor, uneducated "Campesinos" from rural Mexico who came to the United States during the 20th century. (The undocumented Mexican workers now in this country are a continuation of this immigration. They are the "compadres" of our Mexican American citizens.) The Puerto Ricans were granted citizenship after the Spanish-American war. Most of those who migrated to this country came during the 1960s. The Cubans came as refugees after the Cuban revolution in 1959.

The undocumented Mexican immigrants in this country at first settled in the southwestern states but have been moving in increasing numbers to all parts of the country. Here in the city of Columbus, OH, it is estimated there are over 64,000 of these workers and their numbers are growing rapidly. The Hispanic Americans appear to be destined to become the ethnic majority group in this country and some day a native-born son or daughter of today's undocumented immigrants may become president of the United States.

(References: Statistics and other information are from the article Hispanic Americans, I to VII, contributed by Ilan Stavans, and found in Microsoft ENCARTA Encyclopedia 2000, History, North America, Hispanic Americans.)

Richard E. Baer, D.V.M.

Dear Editor:

Mr. Bruce Hake continues to make statements that appear to be inaccurate. In his letter of 2/15/02 he wrote that EWI (Entry without Inspection) was "not a continuing offense," and that the alien would have to be "caught in the process of entering" to be prosecuted. I thought perhaps things had changed since I retired from the Border Patrol six years ago, so I did some checking. I was assured that if aliens are found in the US and it's proven that they entered EWI, they can be, and often are, prosecuted for that charge several years after the fact. If Mr. Hake has evidence to the contrary, other than his statements, I'd like to know where I could find it. Title 8, United States Code, Section 1325(a) seems pretty clear on its face. Perhaps Mr. Hake was referring to 8 USC 1325(b) which says that ..."Any alien who is apprehended while entering (or attempting to enter)" (underlining added) via EWI is subject to civil penalties. It goes on to say that these penalties ..."are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed."

Additionally, many of the visa over-stays have committed crimes. Possessing false documents, lying to obtain employment, lying to federal and other law enforcement officers, etc., all of which are crimes. Mr. Hake wrote, "The majority of foreigners in the United States who are potentially subject to deportation, including EWIs, are not criminals." Perhaps not in his eyes, but they have committed one or more crimes.

Mr. Hake wrote that "false arguments" are heard from those of us who believe that the immigration laws should be enforced. (Paraphrased) He wrote that the reason for these false arguments " that the true motivations are ugly." Mr. Hake apparently can tolerate no differing opinion over what should be done about immigration, and so must assume that we have "ugly motivations." If it's "ugly" to be motivated by a concern for what this country will be like with 400 million people by the year 2050, I plead guilty.

John H. Frecker
Baileyville, ME

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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.

The Midwest Legal Immigration Project is continuing its endeavor to provide basic immigration legal training to attorneys and paralegals practicing immigration law, or who wish to begin the practice of immigration law. Our next intensive week long basic legal immigration training seminar is scheduled for May 13-17, 2002, at the Marriott Hotel in downtown Des Moines. The seminar is co-sponsored by the Immigration Legal Resource Center of San Francisco. Successful graduates will receive assistance in applying for BIA accreditation if they wish. The seminar is accredited for 30 hours of CLE and 2 hours ethics for attorneys. The Marriott Hotel is offering sharply discounted rooms for $49/night plus tax. Call 1-800-228-9290 for room reservations and mention the immigration legal training seminar. For more information, call Jim Benzoni at 515-271-5730; fax 515-271-5757; or e-mail

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