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Immigration Daily

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Immigration Daily June 26, 2002
Previous Issues

Editor's Comments

July 5, 2002 is the deadline for filing comments to the proposed PERM regulations. We encourage attorneys, employers, and all those affected by the labor certification program to send in their comments. The proposed regulations, as well as instructions on how to comment, can be found by clicking here.


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

The ABCs Of Immigration - A, G, And Nato Visas For Foreign Government Representatives
Greg Siskind and Amy Ballentine write about A, G and Nato Visas.

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Immigration Law News

Possessing Property Which Is Probably Believed To Be Stolen Is A Crime Of Moral Turpitude, And Section 1182(h) Is Constitutional
In Leon-Reynoso v. Ashcroft, No. 01-2774 (3rd Cir. Jun. 11, 2002), the court held that possessing stolen property that the Petitioner believed probably was stolen is a crime of moral turpitude and also held that because Congress conceivably had good reasons to create the Section 1182(h) distinction, it survives rational basis scrutiny (the distinction allows a criminal alien who has never had permanent resident status in the US, never acquired equities or familial ties, to secure a waiver of deportation, while those who have previously been admitted as lawful permanent residents, but with less than the seven years residence required to petition for a waiver, will be deported).

No Jurisdiction to Review "Extraordinary Circumstances"
In Molina-Estrada v. INS, No. 99-70216 (9th Cir. Jun. 11, 2002), the court amended its Feb. 13, 2002 opinion where it found that it lacked jurisdiction to consider whether the Board of Immigration Appeals correctly concluded that Petitioner's delay in filing an asylum application was not due to "extraordinary circumstances," and that substantial evidence supported the decision not to grant withholding of removal.

No Substantial Evidence To Support BIA's Adverse Finding On "Country-Wide" Persecution
In Cardenas v. INS, No. 01-70557 (9th Cir. Jun. 12, 2002), the court held that there was no substantial evidence supporting the Board of Immigration Appeals's conclusion that the Petitioner had not established that a well-founded fear of persecution by Shining Path in Peru would not exist for him "country-wide" and that nothing in the State Department Country Report indicated that he would be safe from Shining Path in any area of Peru.

General Statement of Changed Country Conditions Without Citing Evidence Does Not Rebut Presumption of Well-Founded Fear
In Krastev v. INS, No. 01-9522 (10th Cir. Jun. 17, 2002), the court held that the Board of Immigration Appeals's conclusory reliance on the Country Report reflected no consideration of the individualized circumstances facing petitioners who claimed asylum, and that the Board erred in determining that the evidence was sufficient to rebut a presumption of well-founded fear.

Rep. Tancredo Says Massive Immigration Is Threat To America
Speaking in the House of Representatives, Rep. Tancredo (R-CO) said "I suggest to my colleagues that we do need to actually have a country that is a country connected by people who can speak to each other in one language and share a common set of values and ideas. Massive immigration is a threat to that particular philosophy and idea. Not immigration itself. Immigration is a fine thing that has helped the country and has been wonderful in many ways. But the massive immigration we are witnessing today does not help us create a cohesive country, a country that does share one language, one set of ideas, one set of principles. We are becoming Balkanized and, as a result, unable to effectively fight this war in this clash of civilizations."

GAO Statement On Identity Fraud And Undocumented
The Director for Justice Issues of the General Accounting Office made a statement to the House Subcommittees on Crime and Immigration on "Identity Fraud - Prevalence and Links to Alien Illegal Activities."

Customs Promulgates Rule On Passenger Information
The Customs Service of the Department of the Treasury promulgated an interim rule "in order to implement a provision of the Aviation and Transportation Security Act which requires that air carriers make Passenger Name Record (PNR) information available to Customs upon request. The availability of PNR information to Customs is necessary for purposes of ensuring aviation safety and protecting national security."

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Desperately Needed School Teachers Delayed By INS Security Checks
The Virginian Pilot reports that "security checks on immigrants are delaying the arrival of new Filipino teachers to the [Virginia Beach's] school system."

INS Halts Hearings While Pursuing Supreme Court Appeal reports that the INS has halted holding some hearings while it pursues Supreme Court appeal on an adverse 3rd Circuit decision on keeping the hearings secret.

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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:
Gary Endleman's article is excellent. Immigrants' contributions to fighting the war on terrorism are not limited to strengthening our economy though. Many are more directly enlisted in the fight. See, for example, a Dateline NBC special one Thursday night some six weeks or so ago that profiled the building security manager who safely evacuated the first world trade tower. The manager was an immigrant (British origin if I recall correctly). He died in the subsequently crumbling building. A very moving piece. I recommend going to the television program's website to learn more about this man and that we include his brave efforts and those of others like him in our publicizing of immigrants' contributions. There is a valiant spirit in immigrants that makes our country's character strong. Another personal story I know of concerns an Australian H1B nonimmigrant who was riding the bus en route to his first day of teaching in a D.C. school on 9-11-01 when the terror struck. What did he do but continue on to the school that was evacuating and say to the principal, "How can I help?" That is the caliber of person we want in the United States!

Margaret C. Makar, Esq.

Dear Editor:
[Gary Endelman's] misguided article makes several good points, then comes to the erroneous and unbelievable conclusion that more immigration is the solution which renders the entire effort as just another example of unrealistic, liberal nonsense! If turning the country over to Mexico and/or other immigrants is our only alternative, then we don't have a country worth fighting for! The lesson of Sept. 11th is plainly (at least to the logical mind) that that the borders must be strictly controlled and immigration extremely limited if America is to survive and the war on terrorism won.

Name Not Supplied

Dear Editor:
Wednesday, June 26, is U.N. International Day in Support of Victims of Torture. The Center for Victims of Torture ( exists to heal the wounds of government-sponsored torture on individuals, their families and communities and to stop its practice.

Jane A. Hanson, Attorney at Law
Sacramento, California

Dear Editor:
I want to call the attention of the Lawmakers in the USA. In family based Visa applications, 1st preferences and 3rd preferences in particular, the allocated visas are 23,400 in a year. Many are waiting for almost 10 years, because availability of visas in a year is limited. I want to request in fairness to the applicants who are lawfully following their immigration applications, can you amend the number of visas allocated to these preferences? Since many of them are children of U.S. citizens and WW11 veterans. I am not against the visa lottery but why not prioritize your own citizens' relatives instead? Immigrants help the U.S. in building its economy. Since the objective of President Bush's administration is to unify the family of U.S. Citizens and Immigrants why not amend the K regulations and add those over age children (adult over 21, single or married) with approved petition be given consideration for a temporary visa so that they can apply even outside the U.S. through Consular Offices abroad. Those with approved petitions can come and work in the U.S. while they are waiting for the permanent visa to issue for them within the U.S. I pray this change will coming soon. May God give them the Wisdom to tackle this task. In behalf of Sons and Daughters of U.S. Citizens and WW11 Veterans.


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Editorial Advisory Board
Marc Ellis, Gary Endelman

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