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Immigration Daily January 13, 2003
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Editor's Comments

ILW.COM is pleased to announce a new seminar "Immigration Consequences of Criminal Convictions: Problems, Solutions and Best Practices" led by Angelo Paparelli. The gradual "criminalization" of immigration practice, including business immigration practice, makes this a subject that immigration attorneys need to stay on top of to propel their practices forward in 2003. The high-power panel hardly needs introduction:

  • Dan Kesselbrenner is the Director of the National Immigration Project at the National Lawyers Guild.
  • Lory Rosenberg is the Director of the Defending Immigrants Partnership at the National Legal Aid and Defender Association (NLADA), a joint initiative with the Immigrant Legal Resource Center, the Immigrant Defense Project of the New York State Defenders Association, and the National Immigration Project of the National Lawyers Guild, which engages in education and advocacy on the immigration consequences of crime and provides training and legal back-up to criminal defense counsel representing immigrants and refugees. She is also a featured columnist for Bender's Immigration Bulletin, a writer for Matthew Bender (LexisNexis), and an adjunct professor at American University's Washington College of Law. Ms. Rosenberg served as an appellate immigration judge on the United States Board of Immigration Appeals from 1995-2002.
  • Norton Tooby is a criminal defense attorney practicing in Oakland, California. He has specialized in criminal defense of non-citizens, both before conviction and in obtaining post-conviction relief to clear criminal records for immigrants in order to avoid or minimize adverse immigration consequences. He was recently awarded the Philip Burton Immigration & Civil Rights Award for Immigration Lawyering for his pioneering work in the field of post-conviction relief for immigrants.

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.


Why Criminal Issues Matter To All Immigration Attorneys

Since IIRIRA, the government has gradually "criminalized" immigration practice, including business immigration practice. About the only thing that is not yet an aggravated felony is jaywalking. Recent government initiatives on Change of Address enforcement and Special Registration will likely morph gradually "criminalizing" immigration practice further as and when non-compliance or late-compliance on AR-11s and registration is transformed from an administrative and technical lapse into a felony. Immigration practice, particularly business immigration practice is slowly changing from being primarily adminstrative practice involving forms to a semi-litigational one where administrative hearings are part-and-parcel of the attorney's lot. To confront the new business realities, it is important for immigration practitioners to arm themselves with the concepts surrounding criminal issues.

Our new seminar "Immigration Consequences of Criminal Convictions: Problems, Solutions and Best Practices" (January 23, February 13, March 20) is led by noted business immigration expert Angelo Paparelli. Joining him is a veritable who's who of experts in this area - Dan Kesselbrenner who is widely revered for his scholarship, Lory Rosenberg who served until recently on the Board of Immigration Appeals, and Norton Tooby who has the most experience in speaking on this topic for many years. Please click on the links below for a detailed curriculum and bios for the speakers.

Whether you are in business immigration practice, family immigration practice, deportation practice or any other kind of immigration practice, you will likely benefit from the wealth of knowledge from this seminar series. You can take our phone seminars from the convenience of your office. Your staff and professional colleagues can also attend the seminars with you at no extra cost on a shared speaker-phone at your office. Our seminar speakers are given sufficient time to explore issues in depth with our audience, including lengthy and detailed Q&A sessions. To propel your practice ahead in 2003, click on the links below to learn more.

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

Special Problems and Advanced Strategies Part 3
George N. Lester IV writes about how to handle particularly challenging situations faced by practitioners, focusing on mergers, acquisitions, relocations, and other corporate changes, as well as the issues that arise when an H-1B employee resigns or terminates his/her employment.

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

Congress On Making Further Continuing Appropriations For FY 2003
Rep. Young (R - FL) introduced a memo on the potential impacts of a long-term continuing resolution (CR), including its effect on the Border Patrol/INS.

Democratic Leadership Priorities For The 108th Congress
Sen. Leahy (D - VT) during the debate discussed immigration related provisions and said, "I am appalled that this country has become a safe haven for those who exercised power in foreign countries to terrorize, rape, murder and torture innocent civilians."

INS Institutional Removal Program Audit Report
The INS released its audit on the Institutional Removal Program (IRP) (58 pps). Among its findings, the report found that the INS has yet to determine the nationwide population of foreign-born inmates, particularly at the county level.

DOS Spokesman Boucher On Delegation Travel
Department of State Spokesman Boucher responded to a question on visas being approved for a delegation.

White House Refers To 245(i) And Resignation Of Mexican Foreign Minister
White House Press Secretary Fleischer addressed a question posed about the resignation of Mexico's Foreign Minister and said, "the question of 245(i) extension -- even something as simple as that, where there should have been and was widespread bipartisan support, failed to take place."

Constituent Part Of Charged Offense Cannot Be Enhancement For Obstruction Of Justice
In US v. Clark, No. 02-1327 (3rd Cir. Jan. 8, 2003), the court held that the production of false evidence and false oral statements by Defendant was coterminus with the offense that the Defendant was charged with - violation of 18 USC 911 for false representation as a US citizen. The Third Circuit joined the Eighth Circuit in reaching this decision and disagreed with the Sixth Circuit on this matter.

Attending Daughter's Kindergarten Graduation Does Not Constitute Extraordinary Family Situation
In US v. Elvey, No. 01-4179 (3rd Cir. Jan. 9, 2003), the court said that Petitioner's illegal reentry for the purpose of watching his daughter graduate from kindergarten does not constitute an extraordinary family situation for the purposes of Petitioner's motion for downward departure for family ties and responsibilities.

Detainer Does Not Place Defendant "In Custody" For Purposes Of Habeas
In Zolicoffer v. Department of Justice, No. 02-30370 (5th Cir. Jan. 7, 2003), the court agreed the majority of the circuit courts in holding that a prisoner is not "in custody" for purposes of 28 USC 2241 simply because the INS has lodged a detainer against him.

No Connection Shown For Persecution Claim
In Abarca v. Ashcroft, No. 02-2251 (8th Cir. Jan. 10, 2003), the court said that the discrete incidents to which Petitioner testified in support of his asylum claim were not sufficient to constitute persecution and said that he did not show a connection between incidents involving family members and his support for a political candidate.

No Jurisdiction Where Untimely Appeal Caused By Failure Of Attorney To File Notice Of Appearance
In Singh v. INS, No. 01-71463 (9th Cir. Jan. 10, 2003), the court said that where Petitioner's attorney failed to file a notice of appearance and the Board of Immigration Appeals's (BIA) decision was mailed to Petitioner's last address instead of to Petitioner's attorney, resulting in an untimely petition for review, the circuit court does not have jurisdiction.

Arizona State Senator Urges Migrant Workers Program
The Douglas Dispatch of Douglas, AZ reports "State senator Marsha Arzberger urged Congress to provide a legal workers program for migrants."

IT Industry Follows Automakers In Responding To Globalization
The Hartford Courant of Hartford, CT quotes Harris Miller, President of the Information Technology Association of America "the [IT] industry isn't disappearing, but likely is transforming as America's automakers did under pressure from foreign competition."

Virginia State Study Says Proof Of Legal Stay In US Should Not Be Required For Drivers Licence
The Times-Dispatch of Richmond, VA reports "Virginia shouldn't change the law to make people prove they're in the United States legally to receive a driver's license or state photo ID card, according to a state study released yesterday."

INS May Lose 32% Of Staff In Move To DHS
The Washington Post reports "Six major agencies moving into the Department of Homeland Security could lose roughly a quarter to half of their staffs to retirement in the next five years, according to data collected by the Partnership for Public Service."

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:


Web Technology For Immigration Attorneys
INS Experts is offering its services to law firms interested in establishing a visible presence online and specializing in US Immigration Law. INS Experts possesses the technology to enable organizations to create Immigration modules integral with each law firm's unique look and feel, as well as handle the e-mail and phone based customer. The cost of setting up this technology is minimal and the time required for implementation is a few months. Law firms focused on employment-based immigration or family-based immigration can utilize the INS Experts technology to prepare the INS applications without the need to hire additional paralegals for this service. Law firms can either offer this service directly to their clients through their internet/ intranet sites, or their internal staff can use the INS Experts site to prepare the applications. Your clients will benefit from our technology which appears on your website. Law firms can break away from the traditional, paper oriented, and change resistant image of the immigration law industry. For further information, visit our website: or if you have any questions, please contact: Puneet S. Parmar, Director of Business Development, INS Experts Inc., 12280 Saratoga Sunnyvale Road, Suite 116, Saratoga, CA 95070, Phone: 408-517-4212, Fax: 408-446-0771, Email:

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Letters to the Editor

Dear Editor:
In response to yesterday's letters to the Editor (Jan.9, 2003): there are no "justified reasons behind new and proposed laws" except Nazism. You would not "do a service to your readers by eliminating the sarcasm and extreme liberal ideas in your editorial comments" because they are not such, they are the simple, undenial truth and help us readers who are suffering the consequences of them to let us know that there are still sane people in America who can see clearly in the midst of this "War on Terrorism AKA War on Immigrants". I agree it would definitely be hilarious that a terrorist would register himself. Yes, there are obvious reasons for registration: deportation and/or imprisonment. If they were so concerned about security, why have they been letting illegals work, live, and obtain driver's licenses/ID's here for God knows how many years and now because of 9/11, they can no longer obtain licenses/ID's, but they know they are still here and will always be here as long as there is poverty, hunger, unemployment, and homelessnessin the world and better opportunity elsewhere. As for the other comment from 1/9: "no process is ever perfect from its inception", regarding national security. You're right, because there never was an inception. Why would so many employers hire illegals knowingly with false socials and green cards? Why would the ITIN exist? The individual taxpayer idenitification number. For years, illegals can pay their taxes with this number and no social security. Has the IRS ever turned over information about these individuals to the INS? No, because there are several other government agencies (including the DMV, pre 9/11) who know that these people exist and surely the INS does too, but they have turned a deaf ear because they know it is a situation that will never go away. People will not stay in their country and let their families starve if they can enter another country for work. I know many anti-immigration Americans deny they would do the same, but let the shoe be on the other foot and it would be a whole other story. If you doubt my knowledge, it is firsthand. As for the other letter to the editor on the same day: amnesty should be granted because as far as I'm concerned, there was never a law broken. It was fine for the immigration influx at the turn of the century on Ellis Island - they weren't considered illegals, it was fine for the colonists who entered the country illegally as far as the disregarded laws of various indigenous tribes were concerned, but they weren't considered illegals and are now the governing body of our country today endorsing these same laws. As for the response to the individual who asked when there will be justice for those people who follow the rules yet wait years to get their families here. Yes, I have an answer: never, as long as American immigration laws remain so unconcerned about human welfare and the dividing of families that they take so many years to implement because of the theory that it is a golden privilege to remain in this country. While other countries don't have nearly as long a wait or such immigration bureaucracy as this country. As for the "I seriously doubt that a US worker would turn down a job such as the airport worker who was recently arrested for using false documents. I know many people who would love to make the salary she was making". One example of an illegal with a decent job and it is made to look as it represents the millions of others here who are only permitted to do menial work because of their illegal status. Yes, illegal aliens do take jobs that most US workers don't because they are accustomed to that type of hard work ethic in their former countries where their job does not define them like it does here. It is a means of survival, for US workers: it defines a person's being. Also, illegals have no labor protection here as US workers do. Based on first hand experience, they can be made to work extremely long hours, they can be paid incorrectly/insufficiently or unpaid for done work, they can be regulated by rules that don't apply to US workers, amongst countless other injustices, all the while keeping quiet because they have nowhere to complain to like US workers. So, my response to the "do we see a pattern here"? Yes: a pattern of incessant injustice.


Dear Editor:
I never thought I would agree with R.L. Ranger (obviously his pen name, as according to a debate I had with him/her in the ILW.COM letters to the editor a couple of months ago reveals) on any subject because in our previous debate my recollection of him/her is that of a "right-winger", but I agree with his admonition concerning your editorials: "a more balanced editorial posture" is "appropriate and even overdue." (Although I do not have quite as harsh a criticism of your editorial history as does he/she. While the editors of ILW.COM have just as much right to express their opinions as do I or R.L. Ranger (the difference being that we all know who you and I are), I believe ILW.COM might do themselves a disservice in taking too proactive an approach, or preaching. . . whether it be to the "choir" or to the "unwashed masses", since such preaching may tend to dilute your credibility as a professional publication and turn you into a reverse FAIR. I hope ILW.COM will continue to bring a balanced publication to the legal community, that you will refrain from over-editorializing and that you will refrain from turning ILW.COM into a soap box for either the "right" or the "left", as you have so aptly done before the debate about Special Registration began. Surprisingly, I also agree with R.L. Ranger in his statement, "The logic relating to the futility and unfairness of continual amnesties or a program disguised as an amnesty, is beyond reproach. Any guest worker program must be strictly controlled and regulated and that guest must at some point leave and return, otherwise a fraud is imposed. A "guest" who visited your home and never left is not really a guest, but a resident." Where he/she and I differ is that he/she appears to be on his/her right-wing soap box in opining, "And no program relating to immigration can be successful until our air, sea and land borders are fully secured and visitors tightly monitored as some will find a way to exploit any border or program not so controlled." Although I do not believe R.L.'s and my hearts are in the same place, or that our motives for these points of view are born of a common philosophy, I believe all of us must remember that we are a nation of laws, not men, and that laws flaunted can easily lead to anarchy. I could not help but think of the "bread lines" in Ohio that I saw in a segment of a major network magazine show last evening when I read R.L. Ranger's statement, "The proper solution to this is to reduce government spending to proper, limited purposes and to allow families to keep more of their incomes and jobs that pay a livable wage, not to invite huge numbers of the world's workers who are accustomed to a lower standard of living to displace workers here because they may work for less. The long term effects of this are disastrous, at least to most Americans." But it is not only the influx of immigrant labor that is the real problem, it is the exodus of US manufacturing overseas, to Mexican macquiladoras, to China where a machinist earns fifty cents an hour making molds for the plastic injection industry when skilled American mold makers earn up to a hundred times that paltry wage, to the garment factories of Indonesia, Thailand and the Philippines, and on and on. Immigration is not the problem with our country and it should not be the "whipping boy" of the homeland security movement, but it is an emotional issue and we would all do well to understand the socio-economic aspects before taking a "pro" or "contra" position, because we need a fair and equitable immigration system that will engender respect for people who immigrate here from other lands. ILW.COM can help in this regard if the editors themselves remain objective and non-judgmental, notwithstanding how tempting it may be when emotions run high or windmills need to be fought.

David D. Murray, Esq.
Newport Beach, CA

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