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Immigration Daily

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Immigration Daily July 25, 2002
Previous Issues

Editor's Comments

Today's Immigration Daily features an article by the Chief Administrative Hearing Officer, Executive Office for Immigration Review reprinted from the US Attorneys' Bulletin. Today's issue also features remarks by a former immigration attorney in Congress, a BALCA case, an INS final rule, three cases from the federal courts, a help wanted ad for a paralegal, five letters from readers, and a reminder on ILW's seminar on H2A and H2B visas.

However, the item which perhaps most merits attention is the remarks of Rep. Paul (R-TX) on the connection between homeland security and foreign policy. He argues that our interventionist foreign policy is responsible for much of the troubles that we face in the post-9/11 world, and that much domestic action by our government serves only to create a police state in America. If immigration advocates do not grasp the link between security and foreign policy, they are doomed to lose the political debate to those who argue the link between security and immigration. A focus on foreign policy to cure our security ills robs the oxygen of those who argue that our security problems can only be resolved by draconian restrictions on immigration and immigrants. Immigration advocates ignore this matter at their peril.


Seminar On H2A and H2B Visas

Vard R. Johnson, Karen Hunter-Courreges and Robert Loughran will speak on H2A and H2B issues in ILW's Seminar on July 31st. For a detailed syllabus and detailed speaker bios, please click here.

Featured Article

Civil And Criminal Remedies For Immigration Related Document Fraud
In an article reprinted from the US Attorneys' Bulletin, Jack Perkins, Chief Administrative Hearing Officer, Executive Office for Immigration Review, reminds Federal prosecutors that an alternative to criminal prosecution of immigration related document fraud exists.

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Immigration Law News

Homeland Security Is Incompatible With Interventionist Foreign Policy
Speaking in the House of Representatives, Rep. Paul (R-TX) said " Has anything been done to limit immigration from countries placed on the terrorist list? Hardly. Have we done anything to slow up immigration of individuals with Saudi passports? No, oil is too important to offend the Saudis. Yet, we have done plenty to undermine the liberties and privacy of all Americans through legislation such as the PATRIOT Act. A program is being planned to use millions of Americans to spy on their neighbors, an idea appropriate for a totalitarian society. Regardless of any assurances, we all know that the national ID card will soon be instituted."

Remarks By Former Immigration Attorney In Congress
During the House debate on disapproval of normal trade relations treatment to products of Vietnam, Rep. Sanchez (D-CA) and Rep. Lofgren (D-CA) made several comments on immigration. Rep. Lofgren said, "For many years now, first an immigration attorney, a local elected official, and now as a Member of Congress, I have worked closely with these Americans on two issues close to their hearts and to mine, immigration and human rights."

Documentary Evidence Requested In NOF Must Be Supplied To CO With Rebuttal, Not To BALCA
In the Matter of Edith Munk, No. 2001-INA-125 (BALCA, Jun. 17, 2002), the Board of Alien Labor Certification Appeals said the Certifying Officer properly denied certification where the CO had clearly requested proof of telephonic contact in the Notice of Findings, and the Employer ignored this request, and belatedly offered to provide this documentation in her appeal to the BALCA.

INS Rule On Mass Influx Of Aliens
INS promulgated a final rule which "permits the Attorney General to authorize any State or local law enforcement officer, with the consent of the head of the department, agency, or establishment under whose jurisdiction the individual is serving, to perform or exercise certain powers, privileges, or duties of officers or employees of the Immigration or Naturalization Service (INS or Service) during the period of a declared "mass influx of aliens.""

Harassment And Hardship Are Not Necessarily Persecution
In Yadegar-Sargis v. INS, No. 01-3693 (7th Cir. Jul. 22, 2002), the court found that Petitioner had endured harassment and hardship in Iran on the basis of her ethnicity and religious affiliation, however, she never was detained, was not physically assaulted, did not suffer extreme economic deprivation, nor was the direct subject of a physical threat, and that the evidence of record did not compel a finding of persecution.

Asylum Claim Fails Since Due Process Violations Although "Problematic" Did Not Cause Prejudice
In Rusu v. INS, No. 01-1776 (4th Cir. Jul. 22, 2002), the court found that although the circumstances of Petitioner's asylum hearing conducted through video conferencing were problematic and should not have been countenanced by the INS, there was no prejudice resulting therefrom, since the Romanian government had fallen since Petitioner left in 1989, and the security force there had been substantially reformed, and the persecution he alleged suffering, although horrible, was not of the scale warranting a grant of asylum.

Aggravated Felony Enhancement Does Not Violate Apprendi
In US v. Jimenez-Dominguez, No. 99-50760 (9th Cir. Jul. 22, 2002), the court said that the use of an aggravated felony to enhance the Defendant's sentence under 8 USC 1326 did not violate the Supreme Court's holding in Apprendi.

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:

Conservatives Express Dismay At Ashcroft
The New York Times reports "Ken Connor, the president of the Family Research Council, said that while he still applauded Mr. Ashcroft's stands on abortion and child pornography, he and many other religious leaders were dismayed by the changes instituted at the Justice Department. "It's important that we conservatives maintain a high degree of vigilance," Mr. Connor said. "We need to ask ourselves the question, How would our groups fare under these new rules?""

How to Get and Keep Corporate Clients? Use ILW's Case Tracking! Each case takes only a few minutes from start to finish! Serious practitioners find this modern technology a "must have." For more info, send e-mail to:, include your phone #.


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:

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
For information on advertising in the classifieds please click here

For a listing of current immigration events please click here
For services/products of use in your law practice please click here

Letters to the Editor

Dear Editor:
The following is an interesting comparison between life for consular employees in two Middle East posts, Jerusalem and Damascus.

From the US Consulate General, Jerusalem:
Security Notice, July 24, 2002. The following security notice was given to the U.S. Consulate General employees. In the aftermath of the targeted killing of a senior Hamas military wing leader and his family members in Gaza, Hamas spokesmen have vowed to carry out acts of revenge in Israel. We and the Israeli authorities believe these to be credible threats. U.S. citizens are strongly urged to exercise a high degree of caution in patronizing restaurants, cafes, malls, and theaters, especially during peak hours of business. Discos and clubs remain off-limits to American citizen Consulate employees. American citizen Consulate employees are urged to avoid large crowds and public gatherings.

From the US Embassy/Damascus web site:
The American Cultural Center, together with its co-sponsoring partners, launches the Summer Concert Series* young bands from the East and West coasts of the United States will have you dancing the summer nights away. Open to everyone! Call the American Cultural Center for more information.
The 2002 Concert Series kicks off with:
- Psychedelic Eye A dance and funk band from New York City, playing a variety of familiar and original rhythms that will make you move. Get your groove on, put on your funkypants and dance!
July 30 20:30 Tishreen Park, Damascus
August 1 at 20:30 The Citadel, Aleppo

I pray for the day when the US consular staff can groove over to one of Jerusalem's gorgeous parks and shake their Booty.

Liam Schwartz, Esq.

Dear Editor:
Is there any further information available on the new Department of State Form DS-158 "Contact Information and Work History for Nonimmigrant Visa Applicant"? I've checked various sources, but haven't been able to find any background information...

J. Savey

Editor's Note: A search on the State Department site revealed this link: and not much else.

Dear Editor:
You have given us a link to the new DS-158 form itself, but there is no information about if/when this form will become effective. I've checked a few consular websites and there is no mention of it. Can you give us some more information please.

Susan Fernandois
Immigration Specialist - Progress Software Corp.

Editor's Note: A search on the State Department site revealed this link: and not much else.

Dear Editor:
Change of Address... AR-11, INS Service Center, and while you are at it... 1. The AR-11 should be sent in to the DC Address on the form, whilst the Regional Service Center should be sent a letter to the General Correspondence Address (or other address as indicated by each INS Regional Service Center), check the Website if possible if one has a petition/filing pending. The Envelope should note Change of Address on it and the contents of the letter, A#, NOTICE: CHANGE OF ADDRESS, New Address, Old Address, Name, and other specifications. Send these notices certified mail, and keep the receipt, and a photocopy of all correspondence to INS (As you always should). Don't forget these other address change notices to be complete... !
Further, if you have a matter pending w/ the BIA, notice of address change is due in 5 days, on the proper EOIR Form (should be EOIR 33). Asylum offices should also be sent the change of address if an action is pending at that stage, i.e. I-589 w/ no Administrative Officer decision yet. If some other matter pending w/ some other office, i.e. VAWA in Vermont, then also send the address change there.. Others reading ILW.COM have comments on other places/Date deadlines?
(We are going to start giving Address Change handouts to any non-U.S. Citizen at Pro Bono Clinics).
Info. Courtesy, Volunteer Attorneys, Minneapolis, Minnesota.

Name Not Supplied.

Dear Editor:
There seems to be a problem with the links to the demographic article and the one on Florida

Name Not Supplied.

Editor's Note: We checked the links at the time of receipt of this letter and they were both fine. However, we cannot control links on other sites, and these tend to get broken over time (particularly at news sites).

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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