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Immigration Daily

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Immigration Daily October 9, 2002
Previous Issues
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Editor's Comments

In sharp disagreement with the 6th Circuit, the 3rd Circuit held today that "the press and the public possess no First Amendment right of access" in special interest deportation proceedings. The opinion says "The importance of this case has not escaped us. As we approached it, we were acutely aware that the countervailing positions of the parties go to the heart of our institutions, our national values, and the republic itself." Nevertheless, the opinion concludes "On balance, however, we are unable to conclude that openness plays a positive role in special interest deportation hearings at a time when our nation is faced with threats of such profound and unknown dimension." The disagreement of the circuits sets the stage for Supreme Court consideration of this subject.


INS/DOL/DOS Seminar Deadline Is Friday, October 11th

ILW.COM's seminar course "INS, DOS, DOL - The Search for Consistency" features Jacqueline Bednarz (INS), Steve Fischel (DOS) and Harry Sheinfeld (DOL). Leading the discussion will be distinguished practitioners Ron Klasko and Tammy Fox-Isicoff who are justly reputed to be dynamic and incisive speakers. Each of the seminar course's 3 sessions features 30 minutes of Q&A with the speakers.

Many complex immigration issues require resolution with more than one government agency. Examples include H-1B and adjustment portability, 245(i) labor certification grandfathering, ACWIA issues, 212 waiver issues, changes in location or salaries of H-1Bs, changes from adjustment of status to consular processing, substitution of experience for education, J-1 issues and consular readjudication of approved petitions.

Many opportunities exist to ask the INS or the DOL or the DOS for that agency's position on particular issues. However, this seminar is a rare opportunity to confront three of the most knowledgeable government officials in one forum to resolve issues where their respective agencies have taken contrary or inconsistent positions.

The following is the curriculum for "INS, DOS, DOL - The Search for Consistency"

FIRST Phone Session on September 10, 2002: DOL/INS Issues
This session will deal with DOL and INS positions on cutting edge issues including:

  • Start date of H-1B employment where issuance of social security number delayed
  • 245(i) grandfathering based on withdrawn or denied labor certification applications
  • Effect of concurrent filing on labor certification substitutions
  • Impact of leaves of absence on H-1B aliens and employers
  • Effect of changes in employer structure, job description full-time status, salary and location of employment on LCA, I-129, ETA, I-140 and I-485

SECOND Phone Session on October 16, 2002: DOS/INS Issues
This session will deal with DOS and INS positions on cutting edge issues, including:

  • Child Status Protection Act
  • Concurrent adjustment/consular processing issues
  • Consular readjudication/revocation of INS-approved petitions
  • 3 and 10 year bar waivers
  • Travel by H-1B portable aliens
  • Who is subject to the two-year return requirement?
  • Accompanying or following to join

THIRD Phone Session on November 20, 2002:

  • Summary of DOL/INS/DOS positions on cross-agency issues
  • Hot Issues at DOL, INS and DOS
  • Impact of formation of Homeland Security Department on DOL, INS, DOS
  • Post-election legislative forecast for the new Congress
  • 2003 - a look ahead
Speakers for this seminar series include:

Jacqueline Bednarz, Special Assistant to the Executive Associate Commissioner for the Office of Policy and Planning of the Immigration and Naturalization Service in Washington, D.C.

Steve Fischel, the Director of Legislation, Regulations and Advisory Assistance in the visa office of the Department of State.

Harry Sheinfeld, Litigation Counsel in the Employment and Training Legal Services Division, Office of the Solicitor, at the U.S. Department of Labor.

For more info, including registration information online, click here.
For more info, including registration information by fax, click here.

Featured Article

An Analysis Of The Child Status Protection Act - Updated
Cyrus D. Mehta provides an updated discussion of the Child Status Protection Act in light of several memos from INS and DOS.

Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info:

Immigration Law News

Minutes Of Meeting With INS, DOL, Etc
The minutes of the August meeting of the State Bar of Texas Committee on laws relating to Immigration and Nationality include comments from members of the commmittee. The committee is comprised of private immigration lawyers, an immigration judge, the director of a pro bono asylum project, an INS attorney, a representative from the Association of International Educators, the director of an immigration civil rights project, the director of an INS Regional Service Center, an INS District Director, a certifying officer of the U.S. Department of Labor, accredited representatives of non-profit organizations recognized by the Board of Immigration Appeals, a U.S. consular officer and other public representatives. (Courtesy of Paul Parsons.)

INS Testimony On Information Sharing Alphabet Soup
The Assistant Commissioner for Investigations at the INS offered testimony to Congress regarding information sharing, including a discussion on SEVIS, IBIS, IDENT, NSEERS, NAILS, and TIPOFF.

No First Amendment Right Of Public Access To Deportation Hearings
In North Jersey Media Group, Inc. v. Ashcroft, No. 02-2524 (3rd Cir. Oct. 8, 2002), the court held that there has never been a fundamental right of access to all government proceedings, and held that after properly acknowledging both community benefits and potential harms, public access does not serve a significant positive role in deportation hearings.

Driving With More Passengers Than Rated Capacity Of Vehicle Is Reckless Conduct
In US v. Vargas-Herrera, No. 02-1156 (10th Cir. Oct. 7, 2002), the court said that the Distict Court did not err when it enhanced Defendant's sentence for reckless conduct in transporting illegal aliens resulting in serious bodily injury when he drove a vehicle with substantially more passengers than the rated capacity of the vehicle.

Almendarez-Torres Governs
In US v. Simental-Rodriguez, No. 01-2264 (10th Cir. Oct. 7, 2002), the court said that 8 USC 1326(b)(2) is not a separate element of the offense that must be proved to a jury beyond a doubt, but is instead merely a sentencing factor based on recidivism.

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:

Immigration Attorney Says Change Of Address Enforcement Criminalizes Immigration System
An Op-Ed column by an immigration attorney in the El Paso Times says "The plan's punishments fit the "criminal justice" paradigm that increasingly characterizes our immigration system. Since the 1996 passage of restrictive immigration laws, thousands of long-term permanent residents have been deported for relatively minor crimes committed years ago, separating families. In addition, immigration violations previously treated as civil offenses are transformed into crimes, punishments have increased and prosecutions have soared. This plan takes the "criminalization" of our immigration system to another level."

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Help Wanted: Research And Writing Attorney
The Law Office of Martin Resendez Guajardo, San Francisco, California is seeking an experienced attorney to serve as a Research and Writing Attorney in a wide variety of complex immigration litigation issues, in District Court and in the Court of Appeals relating to deportation defense. Excellent academic credentials and at least four years minimum of direct responsible experience in a firm which specializes in immigration law are required. The applicant must be an active member in good standing of the Bar. Salary depends on experience. You must submit a detailed resume with cover letter in order to be considered for this position. You may fax your resume to (415) 398-4862 or forward via E-mail to Applicants are screened based upon their relevant knowledge, abilities, skills, and experience. Due to the volume of applications received, generally, only applicants selected for further consideration and interview will be contacted. No telephone inquiries.

Help Wanted: Immigration Associates
The Law Office of Robert B. Jobe is a nationally-recognized immigration law firm that focuses on asylum and deportation defense. We represent refugees from all over the world seeking safe-haven in the United States. Indeed, through its litigation efforts, our office has defined the contours of asylum law in the western United States. In a series of highly significant precedential decisions, our office established several important principles of law, including: (1) in the absence of evidence showing a legitimate prosecutorial purpose, the courts must presume that a government's harassment of an individual is politically motivated; (2) the presumption of future persecution that arises upon a showing of past persecution can be rebutted only by evidence of changed country conditions; and (3) where the government is the persecutor, a court must presume that the applicant is at risk country-wide. Our five attorneys are supported by a staff of 10 who work in a pleasant, dynamic, and fast-paced environment in downtown San Francisco. For more information about our firm, go to We now have openings for immigration associates for our expanding office. The ideal candidate would: * be a member, in good standing, of the Bar of any state; * have a passionate commitment to immigrants' rights and social justice; * have excellent research and writing skills, strong academic credentials, and an interest in public speaking; * have the ability to meet deadlines and juggle multiple tasks; and * be fluent or proficient in a foreign language. Associate responsibilities include representing clients before the INS, immigration and other courts, preparing clients for interviews and hearings and research/write legal briefs. We offer competitive salaries, medical benefits, a 401(k) plan, and all the coffee you can drink (and muffins you can eat). To apply for this position, please e-mail a letter and your resume to or fax it to 415-358-4716.

Help Wanted: Immigration Associate
One of California's most respected immigration firms seeks an associate with 2 yrs exp in immigration. We require excellent written skills and ability to work independently. We offer excellent salary and benefits package including medical, dental, vision, 401k, long term disability, car allowance, bonuses, 3 weeks vacation to start and a very congenial environment. Check us out at All applications confidential, send resume w/salary history to: HR, 2 N. Lake Avenue, Suite 950, Pasadena, CA 91101.

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
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Letters to the Editor

Dear Editor:
The hyperlinks in my email are not active, how do I fix this?

Uzo Akpele (AOL Email Address)

Editor's Note: The email version of Immigration Daily is sent out in plain text format. AOL email readers will find that the links are not clickable. You need to highlight the link, and cut-and-paste it into your web browser, then hit return to go the link. This is a well-known issue for AOL users, and not unique to Immigration Daily subscribers with AOL email addresses. (You could also visit our website to browse the Web version of Immigration Daily, as all the links on our web version will be clickable for AOL users.)

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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