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Immigration Daily

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Immigration Daily July 26, 2002
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Editor's Comments

Immigration Daily is a forum for the exchange of information on immigration law. There are at least three ways in which readers can contribute material to Immigration Daily. Letters to the Editor are always welcome, and we publish most letters that we receive, regardless of whether the letters are informational, critical or approving, or opinionative. Readers are encouraged to contribute government documents such as memoranda, cases, etc., and we will be glad to credit the source (of course, we will protect your anonymity if you so indicate). And finally, and by no means least important, we are always glad to receive articles from knowledgeable authors on matters concerning immigration law. Such articles need not necessarily be by lawyers, an HR representative's perspective could be valuable and interesting, as could that of a university official. Correspondence on all the above should be sent to


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Featured Article

State Department Issues 2003 Lottery Results
Greg Siskind and Amy Ballentine write about the 2003 Diversity Visa Lottery results.

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Immigration Law News

DOL Awards Back Pay For LCA Violation
In the Matter of Administrator, Wage and Hour Division v. Livescu Unforgettable Europe Tours, Inc. No. 2002-LCA-00014 (OALJ, Jun. 17, 2002), the Office of Administrative Law Judges approved the consent findings where the Employer agreed that it violated the INA by failing to pay wages at the prevailing wage rate specified on the Labor Condition Application filed by it. The Employer agreed to pay back wages in the amount of $12,198.

DOS Announces Arrest Of Immigration Attorney For Fraud
The Department of State announced "Department of State Office of Inspector General (OIG) special agents and other Federal law enforcement agents including the U.S. Department of Labor OIG arrested a State Department contractor and a local attorney engaged in immigration fraud."

DOS On Ideological Exclusion Clause
The Department of State answered the question "How is the ideological exclusion clause of the Immigration Act interpreted when issuing visas?" at its Daily Press Briefing.

NLRB General Counsel Memo On Hoffman Plastic
The National Labor Relations Board's General Counsel issued a memo which "sets forth guidance as to procedures and remedies concerning employees who may be undocumented aliens in light of the Supreme Court's recent decision in Hoffman Plastic Compounds, Inc. v. NLRB."

DOJ Says Reporting Change Of Address Is Important Step To Enhance Border Security
The Department of Justice issued a press release on the proposal for aliens to report change of address saying "The new measures relating to noncitizen reporting requirements are also an important step to enhance border security. For 50 years, the law has required aliens to report each change of address to the Attorney General within 10 days, and provides penalties for willful failures. Unfortunately, far too many fail to comply with this existing requirement."

IJ Must Probe Pro Se Aliens For Relevant Facts And Provide Guidance To Help Aliens Prove Applications
In Agyeman v. INS, No. 99-70396 (9th Cir. Jul. 23, 2002), the court held that Petitioner, who appeared before the Immigration Judge pro se, was not only uninformed by the IJ about how to prosecute his application for adjustment of status by providing evidence of a bona fide marriage other than the testimony of his citizen wife, but was also misinformed by the IJ when the IJ led Petitioner to believe that he could not prove the bona fides of his marriage if his wife no longer loved him, and that since the Board of Immigration Appeals affirmed rather than corrected this error, Petitioner was deprived of a full and fair hearing, and thus of due process. The court further held that since deportation proceedings are civil, rather than criminal in nature, Petitioner was not a "prisoner" within the meaning of the Prison Litigation Reform Act, and the filing fee provisions of that Act did not apply to him.

Deportability On CIMT Is Based On Sentence Exposed, Not Sentence Imposed Or Served
In Aquino-Encarnacion v. INS, No. 02-1362 (1st Cir. Jul. 23, 2002), the court found that the Petitioner was deportable for having committed a crime involving moral turpitude, since the dispositive issue was the sentence to which he had been exposed, not the sentence imposed or served.

Counsel Should Foresee That BIA Might Use Country Report
In Toptchev et al v. INS, No. 01-1508 (7th Cir. Jul. 3, 2002), the court said that Petitioners' appeal of the Immigration Judge's adverse decision to the Board of Immigration Appeals did not identify the flaws in the IJ's observations that they now maintained was central to the IJ's findings, and that the court hence lacked jurisdiction over these alleged flaws since these were not brought to the BIA's attention, and that since Petitioners were represented by counsel in their BIA appeal, the BIA's decision to take administrative notice of the Country Report could not reasonably have taken their attorney by surprise, and hence they were not deprived of the opportunity to rebut the information contained in the Country Report.

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Immigration Attorney Allegedly Involved In Massive Fraud Scheme
The Washington Post reports "Federal agents swarmed into Arlington yesterday and shut down a massive immigration fraud scheme that allowed thousands of illegal immigrants to obtain permission to work in the United States -- and made millions of dollars for an Arlington lawyer and his colleague -- prosecutors said."

Judge Hopes IRCA Litigation Can Be Terminated
The Sacramento Bee reports on the 16 years old litigation concerning IRCA legalization in connection with a ruling yesterday by a Judge in the case and quotes the decision "... the court has some small hope that the parties will come to the conclusion that cooperation rather than further interminable litigation is the best course."

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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

None today.

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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