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Immigration Daily

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Immigration Daily May 8, 2002
Previous Issues

Editor's Comments

Immigration Daily today, like most days, is full of immigration law news. Some readers may get overwhelmed with the information presented. That is why the email version of the Daily has headlines. We hope that each of our readers will scan the headlines every day - a task that should not take more than a minute. That will help you decide which, if any, of the day's news is something you want to know more about. If something interests you, scroll down, click, and read away!

Errata: In our May 7, 2002 issue, we said that Judge Robertson was of the District Court for the Northern District of New York. In fact, he is of the District Court for the District of Columbia. In our April 24, 2002 issue we said that a Bachelor's degree was equivalent to ... 5 years of experience per the INS's 1-140 adjudicators. In fact, INS has held that 3 years of professional experience is the equivalent of 1 year of university study for H-1B purposes. We regret the errors.


Have you checked your Directory Listing lately?

Search for attorneys in your state by clicking here. Does your listing show up? In your listing, please click on the "Website" link. Is that your primary website? If not, we can link your listing directly to your website. In your listing, please click on the "Details" link. Are the areas of specialization, the languages listed and the description accurate and complete? If not, you can add/change/delete using your username and password on the member login page. Detailed and complete listings will increase the referrals that you get from your listing. Would you like to add a second office to your listing? You can do so at the member login page. If you do not have your username and password, please write to

Featured Article

New And Improved Labor Certification?
Arthur L. Zabenko summarizes the recently proposed "PERM" regulations which would fundamentally change the labor certification process.

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Immigration Law News

Sen. Carnahan Praises Mexican-American Soldiers
Sen. Carnahan (D-MO) praised the contributions of immigrants from Mexico on the occasion of Cinco De Mayo and noted "375,000-500,000 Mexican-American soldiers served with honor during World War II."

Senate Committee Testimony On INS Restructuring
The Senate Judiciary Committee hearing "The Immigration and Naturalization Service: How Should It Be Restructured?" on May 2nd featured testimony by Romano Mazzoli, former U.S. Representative and by Paul Virtue, former INS General Counsel and statements by Sen. Leahy (D-VT) and Sen. Hatch (R-UT).

Senate Committee Reports Anti-Atrocity Alien Deportation Bill
The Senate Judiciary Committee Report on the Anti-Atrocity Alien Deportation Act of 2001 is now available.

Charging Document Used To Determine That Offense Was Aggravated Felony
In USA v. Londono-Quintero, No. 01-1671 (1st Cir. May 6, 2002), the court held that the defendant had committed an aggravated felony based on information in the charging document for an offense which, as defined in Florida law, could encompass both aggravated felonies and offences which are not aggravated felonies.

Motion To Remand For Adjustment Of Status After Case Was Closed Is Motion To Reopen
In Krougliak v. INS, No. 01-3141 (7th Cir. May 7, 2002), the court held that a motion to reopen to the Board of Immigration Appeals (BIA) should not be granted unless the acts or evidence could not by the exercise of due diligence have been discovered earlier and that in the context of deportation proceedings the movant bears a heavy burden to reopen matters due to the discovery of previously unavailable evidence and that when a petitioner files a motion to remand for adjustment of status after his case has been closed, that motion should be treated as one to reopen proceedings.

Exact Date Of Being Found In The US Not Element Of Offense
In USA v. Godinez-Rabadan, No. 01-10455 (9th Cir. May 3, 2002), the court held that the exact date when the Defendant was found in the US was not an element of his offense of being a deported alien who reentered and remained in the US without the consent of the Attorney General.

OIG Reports On Overstays
The Office of Inspector General of the Department of Justice issued its "Follow-Up Report On INS Efforts To Improve The Control Of Nonimmigrant Overstays" and recommended, among other things, that INS "should develop an interior enforcement strategy to address the increasing overstay population."

Visa Waiver Program No Longer "Pilot"
The Department of State published a final rule which amends its regulation regarding the Visa Waiver Pilot Program (VWPP) by removing from it the list of countries designated to participate in the Visa Waiver Program (VWP), by changing all references to the VWPP to references to the VWP, and by adding a paragraph to require that an alien denied admission under the VWP obtain a visa before again seeking admission into the United States.

DOS Announces Grants For Tibet Project
The Bureau of Educational and Cultural Affairs of the Department of State requested grant proposals for the Tibet Development, Professional and Cultural Exchange Project.

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Other Items

ABA Survey Finds Lawyers Among Lowest-Regarded U.S. Professions
An study by the American Bar Association reported on said that lawyers were among the worst regarded professions by the public, the report also said "the legal profession suffers from negative media portrayals and lack of information about lawyers' pro bono and public-service activities."

Anti-Immigration Fervor Is Un-American
Business Week says that "America's historic ability to absorb newcomers in its vast melting pot is a vital source of compitetive advantage."

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Help Wanted: Immigration Paralegal
Prominent New York City immigration law firm with interesting and diverse practice seeks paralegal for handling business, family and litigation matters. Candidates must have excellent writing and organizational skills as well as an interest in all aspects of immigration law, including advocacy. Prior immigration experience preferred. Send a resume and cover letter to: Cyrus D. Mehta, Esq., 67 Wall Street, Suite 1801, New York, NY 10005. Fax: 212-425-3282; E-mail:

Immigration CLE Seminar
Year 2002 Immigration Law Update - Practicing Immigration Law in New York and Beyond Post September 2001: A Brave New World. Announcing a May 21-22, 2002, New York State Bar Association Continuing Legal Education Seminar. No area of practice has been more impacted by the events of September 11, 2001 than that of immigration and nationality law. We are pleased to present our traditionally popular, two-day program on the state of immigration law as critical issues relating to this practice continue to evolve on a day-to-day basis. 9/11 continues to significantly impact the practice of immigration law, the rights of legal immigrants and the way the power of the U.S. government is used to remove people from the United States. Attorneys are impacted by issues relating to national security and attorney-client privilege, access to clients and privacy and due process rights. In addition, policy, legislation, regulations and procedure relating to the H-1B program and all other components of "legal" immigration to the United States have changed the landscape. How immigration and nationality law will be enforced in this millennium is an important subject of review as Congress looks to restructure the Immigration and Naturalization Service itself. This program is designed to give the practitioner guidance and perspective with regard to all of these developments. The program's first day provides an update on late-breaking issues in the legislative and regulatory arenas and then deals with issues encountered in defense of aliens, in removal proceedings and what you need to know including procedures, cancellation of removal and other remedies and related issues. The program also reviews refugee and asylum law, and issues relating to documentation while in the United States for students and other visa holders, special security concerns and their impact on consular processing and admission to the United States. The program's second day focuses primarily on how to obtain immigration benefits and issues relating to the workplace. Ethics, liability and malpractice issues will be covered as well as projected trends in the practice given the after effects of September 11th. To register or for more information contact NYSBA's CLE Registrar at 1-800-582-2452 or at

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Letters to the Editor

Dear Editor:

I have been reading opinions put forward by different people in favor of or against the people living in the United States illegally, particularly Mexicans. I felt that I also should add my opinion saying that to violate the law of a country is regarded as illegal, and those foreigners who are residing without visa or overstaying, are called as illegal aliens. The person who violates the law of the land is also considered as criminal. Many aliens from different countries are spending their sentence in prison in Singapore, Malaysia, Thailand, Myanmar and other countries for staying without proper visa or overstaying in the respective countries. Being the most democratic and freedom country, the United States has not taken any stern actions against the illegal aliens. Consequently, the illegal aliens are cashing in on the soft policy of the United States. As I see it that there is a solution for millions of Mexicans staying illegally in the United States that their Mexican country should amalgamate with the United States and be declared as 51 state of the United States, so that this big problem will be solved for ever.

Sabin Kayastha

Dear Editor:

If Dr. Baer truly wants discussions and not debates, he shouldn't engage in ad hominem attacks, particularly based on such a subjective and unreconcilable an issue as "compassion".

Ali Alexander

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. Send Correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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