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Immigration Daily July 23, 2002
Previous Issues

Editor's Comments

Today's Immigration Daily features a Letter to the Editor by a writer in Shreveport-Bossier City, Louisiana, saying that the Spanish-speaking population there needs "an office or someone to go to and pay for legal services." This offers an opportunity for readers of Immigration Daily who practice law in that area to answer the appeal. Today's issue also features a detailed Administrative Finding by the Department of Labor concerning H-1B and LCA violations alleged by an alien against an employer, six cases from the federal courts, and finally an INS announcement on TPS.


Deadline For Immigration Process Overview Seminar Is Tuesday!

Tuesday, July 23rd is the deadline to sign up for the "Overview of the Immigration Process Seminar" led by Robert Divine. Immigration lawyers spend much time on the ever-changing rules of eligibility for visas, permanent residence, and citizenship. But at the heart of immigration practice is the process for obtaining and keeping these benefits. ILW.COM has invited Robert Divine to present a seminar series on the immigration process. Mr. Divine is the author of Immigration Practice, a well-respected, readable, 1,400 page handbook treatise on all aspects of immigration law that was just published in its 2002 (8th) edition, available at Mr. Divine is the recently re-elected Chair of the 5 state "MidSouth" chapter of the the American Immigration Lawyers Association, and he is known for his no-nonsense, highly practical approach to discussing how to handle immigration problems.

This series would be a particularly good opportunity for attorneys and their paralegals efficiently to listen together as a training tool, and perhaps serve as a springboard for further in-house discussion and training about particular problems. Of course, it will be extremely helpful for relatively inexperienced immigration lawyers, and even experienced immigration lawyers will find Mr. Divine's overview of the process to be a helpful review.

For a detailed seminar course outline and syllabus, click here.

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

Featured Article

An Argument For Flexible Use Of Private Wage Surveys
Cyrus D. Mehta writes "the OES is heavily flawed as it reduces the tens of thousands of occupations in existence into a few hundred broad occupational designations."

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Immigration Law News

DOL Says Employer Did Not Commit Any Violations In H-1B Claim By Alien
In the Matter of Veena Ramachandran v. Blue Star Infotech and Administrator, Wage and Hour Division, No. 2002-LCA-8 (OALJ, Jun. 4, 2002), the Administrative Law Judge (ALJ) said that the preponderance of the evidence before the ALJ showed that the Employer did not commit any of the alleged violations under 20 CFR 655.805(a)(1)-(16), and that the provision to the Alien of the I-129 petition letter put her on notice that duties other than those covered under her employment agreement were part of her job description, and that the failure to use a SESA (State Employment Service Agency) wage study is not an H-1B violation, and that the DOL is under no obligation to compare legitimate prevailing wage rate surveys when it has concluded that the survey used by the Employer satisfies the criteria set forth in the regulations, and that H-1B regulations cover fringe benefits, but not commissions.

INS News Release On TPS For Montserrat
INS issued a news release concerning the extension of Temporary Protected Status for nationals of Montserrat

Prior State Court Convictions May Not Be Collaterally Attacked At Sentencing
In US v. Martinez-Martinez, No. 01-10294 (9th Cir. Jul. 15, 2002), the court found that Defendant's request for a downward departure was based upon the legitimacy, and not the nature, of his prior state conviction, and that such collateral attacks on prior state court convictions are prohibited by applicable Supreme Court case law.

No Abuse Of Discretion In CAT Claim Denial
In Moune v. INS, No. 02-1186 (4th Cir. Jul. 16, 2002), the court said that its review of the administrative record did not result in a finding of any abuse of discretion by the Board of Immigration Appeals in its denial of Petitioner's motion to reopen based on his claims for protection under the Convention Against Torture.

Insufficient Detail In Doctor's Note And Personal Affidavit Does Not Establish Exceptional Circumstances
In Ursachi v. INS, No. 01-2419 (7th Cir. Jul. 16, 2002), the court held that Petitioner's personal affidavit and his doctor's note did not provide any detail regarding the cause or the severity of the illness which prevented his attending a merits hearing on his political asylum and suspension of deportation applications where he was ordered deported in absentia, and that the fact that the Immigration Judge found the affidavit and note to be insufficient to establish exceptional circumstances was not an abuse of discretion.

Unexplained Departure From Case Law And Failure To Consider Factors Traditionally Identified As Positive Are Abuses Of Discretion
In Virk v. INS, No. 01-70055 (9th Cir. Jul. 16, 2002), the court held that since an alien who obtains permanent residence status through a fraudulent marriage, but subsequently marries a citizen or lawful permanent resident, can be forgiven the fraud and maintain lawful permanent resident status through a 241(f) waiver of deportation, the Board of Immigration Appeals's arbitrary and unexplained departure from case law establishing the foregoing was an abuse of discretion, and further held that the Board of Immigration Appeals also abused its discretion when it failed to consider factors it has traditionally identified as positive factors (Petitioner's three citizen children and citizen wife, his residence in the US for nearly 20 years, his creation and maintenance of a business employing Americans) and improperly considered an impermissible negative factor (Petitioner's wife prenaturalization misconduct which was waived by her subsequent naturalization).

No Substantial Evidence For Denial Of Asylum When IJ Finds Adverse Credibiility Based On Identically Worded Demeanor Observations In Three Opinions In Same Week
In Paramasamy v. Ashcroft, No. 01-70584 (9th Cir. Jul. 16, 2002), the court found that the Immigration Judge's adverse credibility finding focused on demeanor observations that were worded identically to findings in two other opinions that the IJ issued in the same week, and that this deficiency, taken as a whole with others, led to the conclusion that the Board of Immigration Appeals's decision on Petitioner's asylum application was not supported by substantial evidence.

Pendency Of Petition For Change Of Status Not Bar To Criminal Proceedings
In US v. Castaneda-Ordaz, No. 01-4853 (4th Cir. Jul. 18, 2002), the court said that the pendency of a petition for change of status does not divest the US of jurisdiction to bring criminal proceedings against the alien for illegal reentry.

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Rep. Gephardt To Introduce Bill To Legalize Millions Of Undocumented Immigrants
The Washington Post reports "House Minority Leader Richard Gephardt said Monday he plans to introduce a bill that would grant legal status to millions of undocumented immigrants."

INS Stepping Up Enforcement Of Change Of Address Requirement reports on the INS's "stepping up enforcement of a 50-year-old law requiring foreigners to alert the government within 10 days when they change addresses" and quotes Angela Kelley of the National Immigration Forum ""It is ludicrous to believe this is going to keep us safe from terrorism. No terrorist is going to turn in a change of address form. This is only going to hurt the law-abiding immigrants who are trying to keep pace with all the things we require."

Demographics Are Root Cause Of Immigration
Commenting on the demographic cause of immigration into the US, a columnist at the Des Moines Register writes "10 percent of Iowans are under 35. The fastest-growing sector is over 75. In five years, 300,000 workers will leave the state's work force, and there aren't enough people to replace them."

Anti-Terrorist Enforcement May Lead To Broad Attack On Undocumented
On Florida's agreement with the INS to have local law-enforcement personnel enforce immigration law, CNN.COM reports "immigrant groups have complained that once police help federal authorities on immigration issues related to terrorism there would be nothing to stop them from helping search for other illegals."

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Help Wanted: Paralegal
Established, large immigration practice in Nashville, TN. Articulate, detail-oriented person with a responsible and pleasant attitude. Requires 3 years experience as an Immigration Paralegal, Bachelor's degree and Spanish fluency. Must be proficient with WordPerfect, MS Outlook, and performing Internet research. 60 w.p.m. Salary commensurate with experience. Fax resume to Mr. Matthews @ 615/244-3659 or email:

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Letters to the Editor

Dear Editor:
This message is to please request support. In our area (Shreveport-Bossier City, LA) there is a great need of an immigration law office, Spanish speaking preferable or bilingual. The Hispanic population is rapidly increasing and our needs are growing. Tell us please if we can get legal assistance by having a bilingual monthly column written by an expert and competitive immigration attorney, in which readers at least can get their questions answered. There have been several misunderstandings coming from the information of people who had come to our area and said are Accredited by the Board of Immigration Appeals. I have in the past, published immigration related materials, but it is not enough. We need an office or someone to go to and pay for legal services. Please, let me know.

Maria G. Austin

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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