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Immigration Daily

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Immigration Daily December 2, 2002
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Editor's Comments

Immigration Daily wishes all our readers a very happy Thanksgiving!


New Seminar On Consular/Visa Issues & Border Security

ILW.COM is pleased to announce a new seminar "Latest Developments relating to Consular/Visa Issues & Border Security" with Bernard Wolfsdorf, Avi Friedman and many others to be announced including government speakers.

For more info, including detailed curriculum, speaker bios, and registration information online, click here.
For more info, including detailed curriculum, speaker bios, and registration information by fax, click here.

Featured Article

H-1B Article 20: Preparing And Filing The H-1B Petition- Part 1
George N. Lester IV continues his H-1B series by beginning a discussion on the H-1B Petition.

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 Law News

FY 2003 Refugee Admissions Program Fact Sheets Available
The Bureau of Population, Refugees, and Migration issued fact sheets containing country background information and FY 2003 refugee admissions program criteria for several countries, including: the New Independent States and the Baltics, the Near East and South Asia, Latin America and the Caribbean, and Africa.

DOS Prohibits US Travel For Top Ranking Belarus Officials
The Department of State issued visa restrictions against top officials from Belarus, an Eastern European country in reaction to the forced shutdown of the Advisory and Monitoring Group of the Organization for Security and Cooperation in Europe based in Minsk.

Secretary Powell Speaks On Mexican Migration In Mexico
In a joint press conference with Secretary Castaneda, Secretary Powell in response to a question regarding the migratory deal said, "... We want to find a way to regularize that migration back and forth in a way that brings dignity to the process, safety to the process, is based on trust, and we also realize that we have a large number of Mexicans living in the United States who are undocumented -- and this is a problem that will also have to be dealt with in due course for the same reason."

White House Press Secretary On Undocumented Migrants
White House Press Secretary Ari Fleischer referring to President Bush's stance on the Mexican migration issue said, ... "[President Bush] wants to make certain that immigration is done the right way, that it is done legally. And we look forward to continuing to work with Mexico on this important topic."

St. Cyr Does Not Apply To Aliens Who Went To Trial
In Dias v. INS, No. 02-2074 (1st Cir. Nov. 27, 2002), the court held that application of AEDPA's limitations on 212(c) discretionary relief did not have an impermissible retroactive effect on those aliens who would have been eligible for discretionary relief when they were convicted of a felony after trial.

Bar On Readmission Preserves Habeas Relief, Applying Proposed St. Cyr Rule Is Premature
In Leitao v. INS, No. 00-2092 (1st Cir. Nov. 26, 2002), the court held that the bar on readmission of a removed alien is a legally cognizable collateral consequence that preserves a live controversy even after deportation of the petitioner, and said that since INS's rule on St. Cyr has only been proposed, and has not yet been finally adopted, it would be premature to try to anticipate how it would apply to the alien's case.

28 USC 2255 Is Proper Avenue To Pursue Ineffective Assistance Of Counsel Claim
In US v. Guadarrama, No. 01-3453 (3rd Cir. Nov. 27, 2002), the court said that Defendant was not entitled to raise the issue of ineffective assistance of counsel for failing to make a motion for downward departure based on his status as an illegal alien on direct appeal since there was insufficient record to dispose of the claim and since the proper avenue to pursue such a claim would be through a collateral proceeding under 28 USC 2255 in which the factual basis could be developed.

No Statutory Or Regulatory Authority Cited For Proposition That IJ's Oral Decision Is Not Operative Until Signed
In US v. Carvajal-Garcia, No. 01-4532 (3rd Cir. Nov. 27, 2002), the court said that the Defendant did not cite any statutory or regulatory authority for the proposition that an immigration judge's oral decision is not operative unless signed, and hence he could not demonstrate any violation of his due process rights, and said that the District Court did not abuse its discretion when it held that the Speedy Trial Act was not violated because, inter alia, the cause of the delay was largely the many pretrial motions filed by Defendant and permitting reprosecution after a relatively minor violation of 5 days would further the interest of the US in combating illegal immigration.

Zadvydas Permits Bond
In Doan v. INS, No. 01-56784 (9th Cir. Nov. 27, 2002), the court said that in Zadvydas the Supreme Court did not limit the terms and conditions of release to those specifically enumerated in the statute, rather, it cited with approval the regulations promulgated by the Attorney General, which regulations expressly authorize a bond as a condition of release, and said that the circuit court therefore was led to the conclusion that there was no merit to the Petitioner's contention that because a bond is not expressly listed in the statute, imposition of any bond as a condition of supervised release is unlawful.

Court Rules Against Former INS General Counsel
The Baltimore Sun reports "A federal appeals court ruled yesterday that substantial portions of an investigative report that accuses a former top government immigration lawyer of exercising "improper influence" in the granting of visas to foreign investors must be made public."

Racist Group Wants US To Become "Whites Only" Nation (Sans Jews)
The Boston Globe reports on a racist group headed by one "Mr.Hale, and those who share his views, want the United States to become a ''whites only'' nation that bars minorities, Jews, and all immigration. Lewiston will be the latest venue for this racist agenda."

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Help Wanted: Experienced Immigration Attorney
Cyrus D. Mehta & Associates, PLLC, a recognized New York-based immigration law firm, is seeking to hire an experienced immigration associate who is well rounded with a high level of expertise in business, family and deportation areas. You must have gained between three to five years of solid experience in immigration law, have very strong writing skills, be a self starter and have already begun to play a leadership role through involvement in bar associations, publishing articles or speaking at seminars. You would also have developed client relations, managed a heavy and diverse caseload and maintained the highest ethical standards. You will ally with a highly motivated principal attorney who is passionate about immigration law in an elegant Wall Street office along with a team of like minded attorneys and paralegal staff. Membership in the New York state bar is a must. If you have a desire to make a long term commitment with the firm as well as rapidly advance your career, write in confidence with a cover letter, resume and financial requirements to Cyrus D. Mehta at:

Labor Certification Advertising
Do you place labor certification advertisements on behalf of your clients?
USADWEB, LLC is the premier ad agency designed with the immigration attorneys needs in mind. Our job is to make your job easier. Our knowledgeable staff has experience with all types of recruitment media including newspapers, journals, Internet, college recruitment and more. We will provide you with expert guidance on placing advertisements and the lowest costs available from any publication. We offer one stop service and accountability for the entire advertisement recruitment effort. Our job is done only when we have mailed your clients tearsheet or affidavit to you. You can leave the worrying to us. Reduction in Recruitment (RIR) Advertisements: We will help you establish a recruitment pattern that is acceptable to the Department of Labor (DOL). Simply describe your advertisement needs to us, and we will work hard to satisfy those needs. We offer a wide range of services and bring to the table expert knowledge in DOL compliant advertisement. We work with you to help assure your certifications. Have you been asked to re-advertise based on industry layoffs? With only 35 days to respond to the DOL, you need tearsheets quickly. We make these situations simple and easy for you by providing prompt, efficient service and aggressive follow-up with publications to help ensure you get what you need to complete your case in timely fashion. Regular Labor Certification (RLC) Advertisements: Labor issues are constantly changing. With layoffs prevalent in many industries, many attorneys are turning to the regular labor certification process once more. Our knowledgeable staff can assist you in reviewing SWA (SESA) advertising instructions and placing advertisements. We will proofread your advertisements and place them promptly in the next available publication as SWA instructed. Give us a chance to handle your clients recruitment needs. We will impress you! Please visit our website at: For more information, please contact us via email at: or call us at 1-866 USADWEB (1-866 872-3932).

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:
You were kind enough to publish a letter from me but it had one typo -- my fault. I am trying to find a basic immigration law seminar that is NOT on line. I would like to go to New York for it. I don't need any CLE credits, just the information. Thanks for the second bite at the apple (pun intended).

Rob Kunkel, Legal Services
St. Thomas, US Virgin Islands

Editor's Note: Immigration Daily carries announcements of immigration events on our events page.

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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