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Immigration Daily

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

A recent report on the internet discusses a frightening aspect of the new Big Brother state that September 11th appears to have ushered in. The report says "The new police powers introduced by the USA-PATRIOT act, in the name of fighting terrorism, have been frightening in their apparent potential for abuse. [A US citizen amateur photographer's recent experience] is a poignant example of how this abuse is beginning to occur. It suggests that a wide range of activities which might be considered "suspicious" could be suddenly labeled a prelude to terrorism, and be grounds for arrest." This is a clear example of policy aimed against terrorists boomeranging on US citizens.

We have written before that laws ostensibly aimed at immigrants very often, as an unintended consequence, apply equally to US citizens. Many in the anti-immigration camp advocate for increased government powers aimed at immigrants, for example a national ID card, or mandatory employment verification for all job applicants. If these restrictionists truly care for American citizens, they may want to carefully consider how these powers might boomerang on all Americans and destroy the very America that they claim to defend.


DOS Officials To Speak At Seminar On Consular/Visa Issues & Border Security

Leslie Gerson, Minister, Consular Affairs, Canada of the Department of State and Steve Giegerich, Acting Consular Section Chief, Vancouver of the Department of State will speak at ILW.COM's seminar "Latest Developments relating to Consular/Visa Issues & Border Security." Steve Fischel the Director of Legislation, Regulations and Advisory Assistance in the visa office of the Department of State has tentatively scheduled his availability, subject to confirmation.

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 21: Preparing and Filing the H-1B Petition - Part 2
George N. Lester IV continues a discussion of 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

INS Issues Reminder To Males From 18 Countries To Register
The INS reminded male citizens and nationals of 18 countries of the new requirement to register with INS. This registration is part of the National Security Entry-Exit Registration System (NSEERS), which is INS's first step towards developing a comprehensive entry-exit program by 2005.

$400 Compensation As Guide For Illegal Aliens Does Not Make Role Minor
In US v. Matus-Leva, No. 01-50093 (9th Cir. Dec. 6, 2002), the court found that as a guide for bringing in illegal aliens, the Defendant's role was not a minor one regardless of his compensation level and thus the district court was not required to grant him a downward adjustment under the Sentencing Guidelines, and found that the only mental state required under 8 USC 1324(a)(1)(B)(iv) is an intent to violate the immigration laws and knowledge that the individuals being smuggled are illegal aliens.

BIA Acts Arbitrarily When OSC Not Mailed To Counsel
In Dobrota v. INS, No. 01-71266 (9th Cir. Dec. 6, 2002), the court found that the INS acted arbitrarily and in violation of due process notice requirements by refusing to reopen Petitioner's deportation proceedings, because its notices sent only to Petitioner's former address, and not to his counsel, were not reasonably calculated to reach him.

Court Finds No Nonfrivolous Issues For Appeal
In US v. Martinez-Briseno, No. 02-2154 (8th Cir. Dec. 6, 2002), the court said there were no nonfrivolous issues for appeal and granted counsel's motion to withdraw under Anders.

Anders Motion Granted
In US v. Miranda-Martinez, No. 02-2497 (8th Cir. Dec. 6, 2002), the court said there were no nonfrivolous issues for appeal and granted counsel's motion to withdraw under Anders.

INS Says It Focuses On Terrorists At Border
The Washington Times reports "Michael D. Cronin, INS assistant commissioner for inspections, said since the September 11 attacks the agency has "designed and calibrated" a border inspection system at the 300 guarded ports of entry that is designed to identify "persons of highest interest to us," including terrorists and other major criminals."

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:


Labor Certification Advertising
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Help Wanted: Immigration Legal Assistant
Shulman, Rogers, Gandal, Pordy & Ecker, P.A., Maryland's largest independent law firm outside of Baltimore city (80+ attorneys), seeks an Immigration Legal Assistant to work as a part of its Immigration, Nationality & Consular Practice Group team. Experience is desired in the following areas: employment-based IV (including EB-1, EB-2, EB-3), NIV (including E-1, E-2, H-1B, L-1A, L-1B, O-1), family-based IV, naturalization, adjustment of status, consular processing, I-9 compliance/employer sanctions, and litigation. A college degree and 1+ years of experience are required. The ideal candidate will possess superior analytical, organizational, and communication skills. Must be proficient in word processing, spreadsheet, and immigration forms applications. Duties include heavy client contact, legal research, and immigration petitions. Work with a team of experienced immigration attorneys and professionals who are passionate about the practice of Immigration Law in a fast-paced, collegial setting with all the resources of a large law firm. We offer an excellent salary/benefits package. If you enjoy challenging work with direct client contact and are equally passionate about the field of Immigration Law, we want to hear from you. Send resume and salary requirements in confidence to: Ms. Maura Bowen, Human Resource Manager, Shulman, Rogers, Gandal, Pordy & Ecker, P.A. 11921 Rockville Pike, Third Floor, Rockville, MD 20852 via either fax at: (301) 230-2891 or via email at: For more information, please visit our website:

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Letters to the Editor

Dear Editor:
In defense of ILW.COM and the litany of complaint mail they have received and graciously published in order to inform ILW.COM readers that there is a simple solution to their technological troubles, and in response to Eugene J. Flynn's scathing critique of ILW.COM's web designer, perhaps Mr. Flynn should direct his wrath toward those, including himself it appears, who seem to be technologically challenged, and to either keep up with current software or to get off the bus. I wonder if Mr. Flynn still drives a horse and buggy to work, or insists on using the MS-DOS operating system in favor of Windows for his operating system, or a 12 baud modem, or 64MB of RAM . . . . the internet will not work with those either and neither will sophisticated websites such as ILW.COM has designed work with old browsers. The ILW.COM site works quite well for the rest of us who are willing pony up a buck or two for new hardware and software - or in the case of Microsoft Explorer, download it free of charge from the Microsoft website. Keep up the good work ILW.COM, and don't be intimidated by sobbing sallies who whine because they refuse to come into the 21st century.

David Murray
Somewhere out in Cyberspace

Dear Editor:
The attached item explains a new effort by the INS Texas Service Center to reduce the significant backlog of petitions for "immediate relatives" of United States citizens.

Paul Parsons
Chairman State Bar of Texas Committee on Laws Relating to Immigration & Nationality

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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