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Immigration Daily

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Immigration Daily August 6, 2002
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Editor's Comments

The so called "dog days of summer" are here, and news periodicals have precious little material to offer their readers. Not so in the immigration field, where there is never a dull moment. Various TV stations, newspapers, etc. have been reporting actively on the "amnesty" proposed by Rep. Gephardt, the House Minority Leader. With the race for the November elections sure to heat up after labor day, activists on both sides will be making their public pitches in August. Since the President apparently remains steadfast in his support for 245(i), some legislative action during the abbreviated fall session of Congress remains possible. The stakes are high, and we encourage our readers to participate in the national dialog on one of the most important issues of our time - immigration.


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Featured Article

INS Announces Concurrent Filings of I-140's and I-485's
The Immigration Group at True, Walsh & Miller writes that "The new INS rule on concurrent I-140 and I-485 filings is a major change for the agency. Delays and confusion can be expected as the INS sorts out procedures under the new rule. In addition, several unanswered questions remain under the rule."

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Immigration Law News

BALCA Says Employer Must Provide Reasonbly Obtainable Documentation
In the Matter of Suad S. Rayyis, No. 2001-INA-147 (BALCA, Jul. 18, 2002), the Board of Alien Labor Certification Appeals found that the Employer did not provide directly relevant and reasonably obtainable documentation sought by the Certifying Officer, when the CO had requested the Employer to submit a copy of the company's business license, as well as documentation such as the articles of incorporation, and when the Employer provided a certificate of use and occupancy form where the named business and the address were different from the Employer as stated on the 750A form and where employer asserted he was in the process of setting up a new corporation.

Criminal Vehicular Homicide Is Aggravated Felony
In Omar v. INS, No. 01-2309 (8th Cir. Aug. 5, 2002), the court held that Minnesota criminal vehicular homicide is an aggravated felony under federal law, since it is a crime of violence in that a vehicle can exert considerable physical force, and an impaired driver in control of such a physical force presents a substantial risk that physical force may be used against a person.

Evidence Of Severity Of Illness Necessary To Determine Exceptional Circumstances
In Celis-Castellano v. Ashcroft, No. 00-71274 (9th Cir. Aug. 5, 2002), the court determined that the Board of Immigration Appeals did not abuse its discretion when it found that Petitioner did not meet his burden to prove that his asthma attack amounted to "exceptional circumstances" with the meaning of the statute when it affirmed the IJ's denial of Petitioner's motion to reopen his removal proceedings after he was ordered removed in absentia to Guatemala.

False Identification and False Statement On Passport Application Are Similar
In US v. Tanouie, No. 02-4068 (4th Cir. Aug. 5, 2002), the court said that the district court did not err during the trial of the Defendant, who was convicted for making a false statement on a passport application, when it admitted evidence that he had used phony identification documents that were not the subject of his prosecution, since they were similar hence relevant, and since they were kept in the course of business at the Virginia Department of Motor Vehicles hence reliable, and that any danger of unfair prejudice was lessened by the court's limiting jury instruction.

No Meritorious Issues For Appeal Under Anders
In US v. Bautista-Rodriguez, No. 02-4163 (4th Cir. Aug. 5, 2002), the court said that Defendant's guilty plea to unlawful reentry into the US by a deported alien felon was knowingly and volutarily entered.

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Two Million Documents Piled Up At INS
The Washington Post reports "More than 2 million documents filed by foreigners, from change-of-address forms to requests for benefits, have been piling up for years and only now are being reviewed by the government, senior U.S. officials said yesterday."

On "T" And "U" Visas
The Houston Chronicle reports on "T" and "U" visas.

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Letters to the Editor

Dear Editor:
In light of your recent comments, which, among other things, refer to my criticism of Mr. Jose Latour's article, and Mr. Latour's response, I would like to say that I commend you for striving to have a forum where both sides of the immigration debate can be aired even though your editorials are decidedly pro-immigration.

As for my criticism of Mr. Latour, his response definitely "cleared the air" for me. I did not know that the article was taken from his own website since I do not read nor visit his site (didn't even know he had one). Good enough for me, he can write whatever he wants on his site! Context is indeed everything. I don't expect all articles on ILW.COM to have a "law-review" or even "law-publication" tone, and on one's personal site anything goes. So, I take back that part of my criticism of Mr. Latour's article.

As far as Mr. Latour's suggestion that I should have gone to the CIS website myself to read their report, I can only say that not eveyone who reads ILW.COM has the time nor inclination to surf the web for all the articles out there. That's why we appreciate links. In my case, I did try but that when that pulled up CIS Corporation, I didn't search further for a or

Liem Doan, Esq.

Dear Editor:
Adjudications of I-129's have gone from 30-60 days to 120 days and more. The centers have given a poor excuse that officers need training in the new process of "name checks", whatever that is. Processing times published by AILA and times shown on the I-797's are meaningless. In checking the status of a P-1 petition, now 90 days from the receipt date, we were advised that a further 60-90 days was predicted, for a total of 6 months from receipt by the center. The officer suggested premium processing and added an off hand remark that he needed a raise.

Our first few filings produced success within ten days. We now get RFE's on a regular basis, which, in our opinion, is a stall, based on the requests for evidence which in most cases was filed or is a total misrepresentation of the regulations.

We are of the opinion that a deliberate slowdown is in effect so as to promote premium processing. It cannot be proven, of course, but we intend to make Senators Feinstein and Kennedy aware of this deplorable situation. It would be interesting to hear the views of other practitioners.


Dear Editor:
M. Jacobs makes both good points and irrational conclusions. Congress is properly redressed for immigration deficiencies, but lawyers share in the culpability as well, due to excessive lobbying and benefiting from the disparity which was my premise.

While the laborer is worthy of his reward (1Tim. 5:18), criticism may arise when that laborer seeks to create adverse conditions to accrue benefits that otherwise might not be received. This recently happened in Arizona where a fire fighter started the largest blaze in our history in order to create work for himself !

Like fire, immigration, when limited and controlled, can be beneficial ---- but extremely damaging when out-of-control. The latter is my concern (not hate) and that of millions of Americans who are negatively impacted as a result. The Shakespeare/Dick quote about the killing of lawyers is not a goal of mine as M. Jacobs assumes, but was offered as was the rebuke of Jesus to demonstrate real "scathing" remarks which support my premise (Matt. 18: 16).

M. Jacobs is correct about the reality of a final judgement (Matt. 12:36-37, 1 Sam. 2:10) and if I were a lawyer, I would be concerned that this seems to be the only profession singled out for such a rebuke. Perhaps its because He has always considered Himself to be the Lawgiver and the Judge from which Judgement would flow, and a profession that presumes to function in the same way for money with all it's inequities and self-serving ways, might draw His wrath !

To review an article that discusses the extent to which American interests are compromised by excessive immigration, go to: to read, "Immigration Revealed As A Terrorist Weapon" by Samuel Francis (Click on Archive, Scroll to 5/30/02).

M. Johnson
Phoenix, Arizona

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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