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Immigration Daily June 24, 2002
Previous Issues

Editor's Comments

As we promised our readers during our trip to the West Coast, we are now making up for lost time in covering all the immigration law news. Today's Immigration Daily has no less than 21 immigration law news items. We encourage you to scroll down and quickly glance through the contents to find the items of particular interest to you.

A reminder: June 23rd is the deadline for Robert Divine's seminar "Overview of the Immigration Process." For a detailed seminar course outline and syllabus, click here.


Deadline Is June 25th!

The deadline to sign up for ILW's seminar on interdisciplinary issues in immigration law is June 25th. The agenda for the seminar is as follows:

  1. How tax law issues intersect with immigration law.
    • Who can be taxed as a non-resident?
    • What exemptions can non-United States Citizens traveling abroad claim and still retain U.S. immigration status?
    • When do U.S. tax obligations end? (sailing permits, renunciation, abandonment)

  2. How labor law issues intersect with immigration law.
    • When is a petition an employment contract?
    • How do posting requirements impact state labor laws?
    • What role do unions play when a company is foreign workers?
    • Citizenship and National Origins Discrimination
    • Other issues related to termination

For more info, or to sign up online, please click here.
For more info, or to sign up by fax, please click here.

Featured Article

DOJ Announces Plan To Implement Entry-exit Registration System For Foreign Nationals From Certain Countries
Parastou Hassouri writes "others have suggested that the proposal was meant to detract attention from the failures of the Federal Bureau of Investigations and the Central Intelligence Agency, both of which have recently been the focus of national attention, as reports in the press have suggested that both organizations received numerous tips about possible terrorist attacks before September 11."

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Immigration Law News

Homeland Security To Be Visa Czar
President Bush sent Congress a draft of bill to create the Department of Homeland Security. Section 403 of the bill addresses visa issuance, including, inter alia, the following text "the Secretary [of the Department of Homeland Security] shall have [] exclusive authority, through the Secretary of State, to issue regulations with respect to, administer, and enforce the provisions of [the Immigration and Nationality] Act and all other immigration and nationality laws relating to the functions of diplomatic and consular officers of the United States in connection with the granting or refusal of visas."

President Bush Wants To Know If Aliens Overstay
In remarks by President Bush at a meeting of the Homeland Security Advisory Council, he said "We want to know how better to enforce our borders. We want to know when they're coming in the country and if they're overstaying their visas. We need to know that in America, under this new -- the new threats under which we live."

President Bush Wants Homeland Security To Have Sole Responsibility For Managing Entry Into US
In his message to Congress, President Bush said "The Secretary of Homeland Security would have the authority to administer and enforce all immigration and nationality laws, including the visa issuance functions of consular officers. As a result, the Department would have sole responsibility for managing entry into the United States ... It would ensure that all aspects of border control, including the issuing of visas, are informed by a central information-sharing clearinghouse and compatible databases."

Tom Ridge Wants Complete Control Over Entry Into US But Supports Facilitating Flow Of People On Which Economy Depends
In remarks before the Senate Governmental Affairs Committee, former Governor Tom Ridge said "Preventing future terrorist attacks is our number one priority. Because terrorism is a global threat, we must have complete control over who and what enters the U.S. We must prevent foreign terrorists from entering and bringing in instruments of terror, while at the same time facilitate the legal flow of people and goods on which our economy depends."

President Bush Says Most Important Job Of Immigration Officials Is Protection Of Citizens
In his weekly radio address, President Bush said "The Department of Homeland Security will unite essential agencies that must work more closely together, among them the Coast Guard and the Border Patrol, the Customs Service, Immigration officials, the Transportation Security Administration, and the Federal Emergency Management Agency. Employees of this new agency will come to work every morning knowing that their most important job is to protect their fellow citizens."

LIFE Legalization Deadline Is June 4, 2003
INS issued a news release regarding its Final Rule for Adjustment of Status Under Legalization Provisions of the Life Act and said "INS is announcing a new filing deadline of June 4, 2003 to comply with the Congressional mandate of allowing a one-year filing period commencing with the publication of the final rule. This will provide ample time for eligible applicants to apply for benefits under the final regulations."

BIA Says 7 Years Of Continuous Residence For Cancellation Of Removal May Be In Any Status
In re Blancas-Lara, 23 I&N Dec. 458 (BIA 2002) (Jun. 10, 2002), the Board of Immigration Appeals said that the period of an alien's residence in the US after admission as a nonimmigrant may be considered in calculating the 7 years of continuous residence required to establish eligibility for cancellation of removal under section 240A(a)(2) of the Immigration and Nationality Act.

EOIR List Of Suspended And Expelled Practitioners
The Executive Office for Immigration Review of the Department of Justice has provided an updated list of suspended and expelled practitioners.

DOJ Indicts Six For Trafficking
The Department of Justice announced "one of the first cases brought under the forced labor and trafficking provisions of the Victims of Trafficking and Violence Prevention Act of 2000."

DOJ Hails Decision To Withhold Information
The Assistant Attorney General issued a statement saying "We are pleased with today's unanimous decision by the New Jersey Superior Court Appellate Division in reversing the trial court's decision and upholding the INS's authority to withhold the names and other information relating to visa violators detained in relation to the September 11th investigation."

Is America Still Haven After 9/11?
In a statement in the House of Representatives, Rep. Jackson-Lee (D-TX) said "this Nation is still a place where people come for refuge and come for opportunity, and we must recognize that every immigrant or immigration does not equate to terrorism."

INS Says Department Of Homeland Security Will Be Welcome Wagon As Well As Guard Dog
In testimony before the House Subcommittee on National Security, the INS Acting Deputy Commissioner said " the Department [of Homeland Security] would make certain that America continues to welcome visitors and those who seek opportunity within our shores while excluding terrorists and their supporters."

Statements By Congresspersons On World Refugee Day
In the House of Representatives on the occasion of World Refugee Day, Rep. Payne (D-NJ) quoted INS Commissioner Ziglar "The terrorist attacks of September 11 were caused by evil, not immigration. We can and will protect ourselves against people who seek to harm the United States, but we cannot judge immigrants or refugees by the actions of terrorists. Our Nation must continue in its great tradition of offering a safe haven to the oppressed and persecuted." In extension of remarks also in the House, Rep. Meek (D-FL) said "Haitian refugees who make it to the United States have long been subject to unfair and unequal treatment by the INS."

Mandatory Detention Of Permanent Resident Convicted Of Misdemeanor Is Punishment Without Trial
In Welch v. Ashcroft, No. 00-7665 (4th Cir. Jun. 19, 2002), the court decided the issue of "the circumstances, if any, under which Congress may deny bail to apparently deportable aliens" and found that "[f]ourteen months of incarceration pendente lite of a longtime resident alien with extensive community ties, with no chance of release and no speedy adjudication rights as in criminal proceedings, together lead us to conclude that the circumstances of [Petitioner]'s detention constitute punishment without trial." The court said that "mandatory detention based on prior convictions, in a civil removal proceeding, must not add to the punishment administered for those convictions in the first place" and that "[i]n Zadvydas, [] the Supreme Court says that the plenary power doctrine is largely inapplicable to aliens who have already entered the US, even after becoming subject to a final removal order."

Apprendi Does Not Overrule Almendarez-Torres
In US v. Pelayo-Rodriguez, No. 01-4125 (10th Cir. Jun. 7, 2002), the court said that the Defendant's sentence enhancement for illegal re-entry of a deported aggravated felon was under a penalty provision of the statute, and was not for a separate crime.

Property Dispute Is Not Basis For Asylum
In Osuman v. Ashcroft, No. 01-2206 (3rd Cir. Jun. 19, 2002), the court said that a personal dispute over property was not a basis for an asylum claim and that the Petitioner could not ask for relief under the Convention Against Torture since he had presented no proof that disputing party was a public official or acted in an official capacity.

Denial Of Continuance To Investigate Eligibility Under St. Cyr Is Not Abuse Of Discretion
In US v. Enriquez-Jacquez, No. 01-3858 (8th Cir. Jun. 20, 2002), the court said that Defendant's good faith was irrelevant to the general intent crime of being an illegal alien found in the US after deportation, and that the district court did not abuse its discretion in denying continuance since Defendant could not show further investigation of his eligibility for an administrative waiver under St. Cyr would prove helpful, and that a challenge to the earlier deportation hearing could last several years.

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Is Visa Issuance At Consulates Abroad All About Security?
The International Herald Tribune reports on concerns at the Department of State about the proposal to move visa issuance into the Department of Homeland Security and quotes a State Department official "There's more to this visa thing than just the law-enforcement aspect."

Courts Have Habeas Jurisdiction Over Aliens reports on a 2nd Circuit decision and says "federal courts have jurisdiction to entertain habeas corpus petitions from aliens and non-aliens alike, despite congressional measures restricting such review."

Local Police Are Not Immigration Law Enforcers
The Arizona Daily Star says "terrorism or no, Ashcroft will have to look to the federal government and its agencies to enforce the federal immigration laws. Local police departments have too much to do and cannot afford to alienate the very people they are sworn to protect in order to do another agency's work."

LPRs Can Be Treated Differently reports on a 2nd Circuit decision "finding that Congress may make distinctions between lawful permanent residents and non-lawful residents" on "hardship waivers for findings of inadmissibility or orders of deportation."

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Help Wanted - Immigration Attorneys
Entry-Level Associate and Experienced Associate sought by San Francisco Bay Area Immigration law firm (job location: Oakland, CA). We excel at deportation defense, including asylum, international human rights defenses, discretionary (equitable) relief, as well as naturalization and family-based immigration. Great deal of trial work in the courts of the Federal Immigration Judges in San Francisco, California. Some Federal court litigation to challenge constitutionality of the jailing and deportation of our clients. Some "criminal alien" defense cases and post-conviction appeals in criminal cases. Entry-Level Associate position: Must speak either Spanish or Portuguese fluently for client interviews. Will draft narrative declarations for clients about their background experiences, hardships, or persecution in native country, and research news reports and NGO reports in support of claim. Will liaison with local social service providers for services and for assistance in case documentation. Draft legal briefs applying law to facts of clients' cases. Upon admission to Bar of any state, will begin to represent clients in hearings before INS examiners and Immigration Judges. Experienced Associate position (upto 3 years experience): Spanish not required for experienced Immigration Law practitioner. Depending on areas of interest and experience, the experienced associate will handle court hearings, waiver cases, BIA appeals, and/or Federal habeas corpus and petitions for review. For both positions: Highly competitive compensation includes salary, benefits, and fee sharing. Moving expenses. Sunny, high-tech office in historic landmark building at Oakland City Center, 15 minute BART ride to INS and Courts in San Francisco. Apply with resume by MAIL to: Immigrant Defense, Law Office of Robert L. Lewis, 409 13th Street, 16th Floor, Oakland, CA 94612. (Entry-level applicants, please state language skills with specificity and include sample of legal writing.) Please note: e-mail inquiries may be accepted, but attachments will NOT be opened. Email:

Help Wanted - Immigration Attorney
The Law Office of Sheela Murthy, P.C., a progressive immigration law firm (Baltimore, MD) seeks attorney with 3+ years of immigration law experience to sustain its growth and to service the recently expanded areas of immigration practice. Comprising of over 45 professionals working in various departments, we provide national and international clients excellent services in U.S. immigration. Candidate needs leadership, people & case management skills, attention to detail, good writing & communication skills. Should be willing to relocate to Baltimore County, MD. Unique features of the job: > No Billable Hours Required > Rainmaker Not Required > Direct Contact with Business Clients > Extensive Support Staff Available > Extensive Technology and Support > Incredible Growth and Learning Potential. Final interviews of candidates will be at our Offices located in Owings Mills - a 20 minute drive from downtown Baltimore, MD. Salary and benefits are commensurate with experience and abilities. We are an equal opportunity employer. Call, eMail, fax or mail: Office Administrator, The Law Office of Sheela Murthy, P.C., 10451 Mill Run Circle Suite 100, Owings Mills, MD 21117. Tel: 410.356.5440. Email: Fax: 410.356.4140. Web:

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Letters to the Editor

Dear Editor:
I agree with John Frecker (June 21 Letter to the Editor) that favoring lower numbers doesn't make a person "anti-immigrant." And I'm sure the label doesn't apply to him, either. To say that "FAIR" is not anti-immigrant, however, is just ridiculous.

As was the case with Barbara Jordan, a person certainly can have noble reasons to support restricted immigration. The "FAIR" agenda, though, goes a bit farther. Lately, "FAIR" has gone on the warpath against a very narrow bill in Congress that has nothing to do with the numbers of legal immigrants we welcome but rather with their basic legal rights. In rallying its membership and Congressmen like Lamar Smith and Tom Tancredo to oppose H.R. 1452, "FAIR" is arguing that the INS should be able to imprison long-term LPRs for months or years without trial and kick them out with no chance for an IJ to decide whether it's actually necessary, if they have committed nearly any crime at any point in their life.

It does this through blatantly dishonest arguments about what constitutes an "aggravated felony" and what H.R. 1452 would and wouldn't do for people who fall under this overly broad & misleading term. It does it by stooping to boogeyman scare tactics about "killer nannies" and other criminals running amok in the streets. "FAIR" is essentially saying that long-term LPRs simply do not deserve minimal due process - or even minimal common sense - when facing something as serious as deportation. Even those who have been here so long that they can scarcely be called "immigrants" anymore.

If that's not "anti-immigrant," then I don't know what is.

Rob Randhava
Washington, DC

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Marc Ellis, Gary Endelman

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