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Immigration Daily

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Immigration Daily July 31, 2002
Previous Issues

Editor's Comments

In Letters to the Editor today, we are criticized by two correspondents - one anti-immigration, and one pro-immigration, for linking to or publishing pieces which the correspondents believe were inappropriate for Immigration Daily. We were criticized on similar grounds in May, 2002. Recently, a Featured Article was criticized by an immigration attorney and the person criticized in that article, on the grounds of the article having an amateur tone.

At the outset, we want to assure our readers that we will not hesitate to publish criticism directed against us. We are human beings, and we can make mistakes. We are happy to learn from our readers, we take criticism constructively, even when we disagree with it. At the same time, we respectfully suggest to all our readers that there is a deeper underlying matter here, which merits our readers' attention. We believe these two points - inappropriateness of content and inappropriateness of tone - are related. When Guttenberg invented movable type and the printing press came into being, there was considerable criticism directed against printed material on identical grounds - that the material thus published was inappropriate for publication, and that the tone of the material was also inappropriate (the secularization of content was not universally popular). New technology which results in "democratization" of content has always been subjected to this kind of criticism. Since the internet is the most widely available form of communication known to human beings so far in history, it is inevitable that it should be criticized on grounds that its tone is less formal than other media, and that some of its content is objectionable to atleast some of the audience. We respectfully suggest that the internet is not going away, and that many law periodicals of the future will be similar to Immigration Daily, and unlike what law periodicals have been in the past.

We have said it many times before, and we will say it again - Immigration Daily is a platform for the distribution of immigration law information. The founding of the Royal Society created for the first time a similar platform for science. The resulting process of peer review (which involved considerable criticism, by the way) ushered in the scientific age. We believe Immigration Daily can serve a similar function in the immigration law field. In the long run, we believe we are contributing to a more rational and healthier immigration law field.


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Featured Article

Ethics For Immigration Lawyers - A Personal Perspective
Cyrus D. Mehta writes about Ethical issues in immigration practice.

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Immigration Law News

BALCA Says Employer Can Reject Applicant If Resume Is Vague And Applicant Is Uncooperative
In the Matter of Mejico Express, No. 2002-INA-00056 (BALCA, Jul. 16, 2002), the Board of Alien Labor Certification Appeals said that the Employer's arguments were credible based on the resume of the applicant which the Certifying Officer had alleged was unlawfully rejected, since the resume did not state addresses of employment or telephone numbers or dates of work, and since the applicant was uncooperative in furnishing this information.

INS May Not Hide Behind State Department Letterhead, Reliance On State Department Letter With Third Hand Account Of Unexplained "Investigation" Violates Due Process
In Ezeagwuna v. Ashcroft, No. 01-3294 (3rd Cir. Jul. 30, 2002), the court held that a letter from the State Department which was the linchpin of the Board of Immigration Appeals's (BIA) adverse decision on the credibility of Petitioner's asylum application was "multiple hearsay of the most troubling kind" and was neither reliable nor trustworthy, and expressed its concern that the INS was "attempting to use the prestige of the State Department letterhead to make its case and give credibility to the letter's contents", and that the BIA's reliance on this letter violated Petitioner's Fifth Amendment right to due process.

Identity And Presence In US Not Suppressible
In US v. Mejia-Delgado, No. 01-4938 (4th Cir. Jul. 30, 2002), the court said that regardless of the legality of the search warrant for Defendant's apartment, his identity and presence in the US were not suppressible as the fruit of an unlawful arrest, finding Defendant guilty of illegal reentry subsequent to deportation.

Congresswoman Says America Must Protect Itself From Both Terrorism And From Becoming A Police State
Speaking in the House of Representatives, Rep. McKinney (D-GA) about the "extra-judicial incarceration of thousands of immigration violators" said "America must stand up and protect itself from the threat not only of terrorism, but of a police state of its own."

Refugee Status For Those Who Bring Home A POW/MIA
The Senate passed a bill to offer refugee status to nationals of the Middle East Region who deliver an American POW/MIA to the US.

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Tug Of War Over INS's Role In Homeland Security Department
The Washington Post reports "Lawmakers and immigration advocates have been feverishly carving out plans for what portion of the INS should be turned over to a new department and what should be done with what remains."

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Letters to the Editor

Dear Editor:
Why is this Virginia attorney who allegedly filed 2,700 phony labor certs being referred to as an "immigration attorney"? He may never have practiced immigration law until he seized the opportunity to make quick mega bucks in 245i's April 30, 2001 deadline. Many opportunists came out of the woodwork at that time even though ethical rules require that you defer cases oustide your area of practice or competence. As a long term practitioner in the business immmigration field, I was contacted by some from other areas of law (e.g. a solo dom rel practitioner) for a quick freebie course in labor certs. I referred such callers to AILA for learning and certain industry cases to other immigration attorneys whose familiarity with the industry would provide a reasonable chance of drafting a successful labor cert on short notice. This Virginia attorney who took such cases on himself is not a currently listed member of AILA - not that AILA membership alone makes you an immigration attorney but it is an indication of practicing in the field. And that is the issue: did this man ever practice in the field prior to these 2700 bad labor certs? If not, he should not be called an "immigration attorney". He could be one of those who came out of the woodwork to take advantage of desparate clients in 245i's short timeframe. If anything is blamed here, besides this guy, it ought to be the oppportunity created by that short timeframe.

Margaret Makar, Atty, Denver

Dear Editor:
In defensive response to E. Schneider, whom I'm sure is a upstanding individual, my position stated July 29th attributing some culpability to all immigration attorneys remains unchanged, the fact that he performs pro bono work notwithstanding. The "scathing" comment to which he refers was not intended to be personal, but general, and in my view valid.

E. Schneider is obviously an accomplished linguist, but one of the greatest of them all was in agreement, with the comment, "First, let's kill all the Lawyers!" (William Shakespeare). Now that is "scathing"! And he wasn't even talking about only immigration attorneys. As for the pro bono work, it is commendable, but at times, acts of charity can be questioned and/or somewhat suspect as was the recent case in Phoenix where an embezzler donated $70,000 of stolen money to a church. Pro bono may not be done for money, but it is done with the expectation of good will and relations and to assist in attorneys feeling better about their professions and themselves.

Yes, this writer has participated in such activities, once serving for two years without pay, away from home, for his Church which I might add, did nothing for vocational advancement, good will or prestige. My study of out-of-control immigration and the ill-effects upon America, likewise is done without any financial interest but because of concern.

The basis for my position is simply that we no longer need massive immigration such as we are experiencing today and this seems to be happening only because many people want to come here and is promoted by your profession whch seems to be selling the "American dream" to foreigners at the expense of citizens here.

This is not an anti-immigration view, but it is an anti-out-of-control immigration position. We have benefited in the past, when immigration was more needed and it was a controlled, limited, allocated and reasonable type of immigration. What we have today, with the mass, illegal invasion impacts negatively.

Your profession refuses to recognize this, undoubtedly because of its financial interest. One of the best booklets, setting forth this position is by John Vinson, "Immigration Out Of Control" at his websites: (and)

Other informative websites are:

In addition to the quality of life and cultural effects of this phenomenon are the addition of very real security threats as Sept 11 displayed. Radicals both in and out of the U.S. foresee the lax border and immigration policies as useful in delivering Muslim revenge or in establishing Aztlan in the SouthWest. For a detailed analysis of this alarming trend, contact Aid & Abet newsletter at (208) 935-7854 for the blockbuster Summer 2002 (just out) issue entitled, "SouthWest U.S. Goes Under Mexico".

M. Johnson
Phoenix, Arizona

Dear Editor:
In the last month Immigration Daily has [linked to] two long smear pieces claiming that the founders, leaders, and membership of FAIR and other immigration reform organizations are Nazis and racists, perhaps the two most opprobrious terms in American public discourse.

[The following article was] published today by Robert Locke entitled Lies about the Immigration Reform Movement, [link:]

Locke (apparently an associate of David Horowitz) makes a witty response to the ad hominem attacks [linked from] your website:

Michael M. Hethmon
FAIR Staff Attorney

Dear Editor:
You know, differing views are great, even if some are irrational, but to publish this kind of tripe is unprofessional.

Law Offices of David D. Murray

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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