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Immigration Daily

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Immigration Daily January 31, 2003
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Editor's Comments

Facilitating The Exchange Of Information

A letter to the Editor today asks us if we can moderate content for our discussion board to improve the quality of the discussion on the board. We have often said that ILW.COM is a facilitator for the exchange of information about immigration law. The discussion board, our chat room, this periodical, and other parts of our site are different ways in which we facilitate the exchange of information. While we believe, and your comments to us show, that we are doing a good job in the main, we are always looking for ways to improve what we do. We welcome our reader's suggestions on how we might better facilitate the exchange of information for the immigration law community. Please send your thoughts to:


200,000 Attorney Searches per Year!

Approximately 200,000 searches are made each year for immigration attorneys on ILW.COM. That's almost 400 searches per year per attorney listed in our lawyer directory. Which means that if you are listed with ILW.COM, then your listing will be searched once each day throughout the year. You need only one client a year to make a profit on your listing! For a personal discussion on listing your practice in our directory, please send an e-mail with your phone number to Alternatively, if you prefer to list yourself on-line, please click here:

Featured Article

Foreign Visitors Overloading U.S. Hospitals
Jose Latour writes about the impact that uninsured foreign nationals are having on US hospitals, particularly in Florida and other high-immigration states.

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Immigration Law News

Commission On Civil Rights Announces Meeting To Plan Southwest Federal Immigration Law Enforcement Report
The Commission on Civil Rights will convene a meeting to plan a follow-up to the 1997 report on civil rights problems along the US/Mexico border. The report is: Federal Immigration Law Enforcement in the Southwest: Civil Rights Impacts on Border Communities.

DOL Approves Consent Findings Of $36,000 Penalty In A H-1A Nursing Case
In the Matter of Administrator Wage & Hour Division v. Beverly Enterprises, Inc., No. 1998-ARN-0003 (OALJ, Jan. 29, 2003), the Office of Administrative Law Judges approved consent findings which required a penalty of $36,000 to be paid by the Employer to the DOL in a H-1A nursing case.

DOS Closes Nuevo Laredo US Consulate Under Allegations Of Illegal Visa Issuance
The Department of State Spokesman Boucher announced during a press briefing that the US consulate in Nuevo Laredo, Mexico had been closed in order to conduct a thorough investigation of its consulate visa operations in response to allegations that it had issued a number of individuals illegal visas.

DOS States Aliens Of Foreign Terrorist Organizations Are Inadmissible And/Or Removable From US
The Department of State issued a foreign terrorist organization (FTO) fact sheet clarifying the legal ramifications of such a designation. It stated that representatives and members of a designated FTO, if they are aliens, are inadmissible to and, in certain circumstances, removable from the US.

President Bush Announces His Intention To Nominate Garcia As Assistant Secretary Of Border & Transportation Security
President Bush announced in a press statement that he intends to nominate Michael J. Garcia of New York, to an Assistant Secretary of Homeland Security (Border & Transportation Security). Mr. Garcia is currently the Acting Commissioner of Immigration and Naturalization at the Department of Justice.

Alien's Disappearance Causes Fugitive Disentitlement
In Antonio-Martinez v. INS, No. 90-70474 (9th Cir. Jan. 30, 2003), the court found that the Petitioner's disappearance while his petition for review of a deportation order was pending, subjected him to fugitive disentitlement.

Sentence Imposed On Revocation Is Not Sentence Probated
In US v. Compian-Torres, No. 02-50211 (5th Cir. Jan. 29, 2003), held that a sentence imposed on revocation is actually imposed as described in the Sentencing Guidelines and not probated as excepted in the Commentary to the Guidelines.

No Abuse Of Discretion By BIA
In Omolewa v. INS, No. 02-1758 (4th Cir. Jan. 29, 2003), the court said that there was no abuse of discretion in the Board of Immigration Appeal's decision.

30-Day Appeal Period Tolls From Date Of Final Order Not From Date Of Service
In Nahatchevska v. Ashcroft, No. 02-9593 (10th Cir. Jan. 29, 2003), the court held that the 30-day time period for appeal is "after the date of the final order of removal" and not "30 days after service of that order upon the parties".

Motion Introducing New Evidence To Support New Ground For Relief Can Be Properly Construed As An Independent Motion To Reopen
In Guzman v. INS, No. 01-71717 (9th Cir. Jan. 29, 2003), the court found that Petitioner's motion to the Board of Immigration Appeals (BIA) to remand to the Immigration Judge in order to apply for adjustment of status under 245(i) (after his deportation order had become final) was properly construed by the BIA as a motion to reopen.

Deportation Creates Disincentive To Register In NSEERS
An opinion column distributed by UPI says "Immigrants from 24 [] countries have been ordered to re-register with the [INS] as part of NSEERS; anyone who complies and is found to have major or minor visa violations will be deemed out of status, likely detained and deported. Aside from creating a disincentive to re-register, the program's implementation has created suspicion."

Atty. Gen. Embarrassed At Registration Violation Of Prominent Journalist
The Santa Fe New Mexican reports that at a meeting with the Pakistani Foreign Minister, Attorney General Ashcroft was embarrassed at the recounting of a NSEERS violation for a prominent journalist from Pakistan.

NSEERS Funding Cut-Off A Mistake By Sen. Kyl
The Washington Times reports "A spokesman for [Sen.] Kyl said the senator's focus in the amendment was to ensure there was sufficient funding for the broader tracking program and that the funding for the system was mistakenly cut off in the amendment."

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Help Wanted - Experienced Immigration Attorney
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Letters to the Editor

Dear Editor:
I went to the lawyers discussion board and discovered a useless mess: letters designed to make everyone hate Jews, uninformed haranguing, and good advice that is so buried in useless or wrong advice that there was no way to know the difference. My question is can anything be done to make this discussion board work? There is a board for immigrants and employers, so people can have their say there. Is there any for ILW.COM to limit use of the lawyers board, edit content, etc. without creating more trouble for itself than it is worth.

Billie Gray

Editor's Note: Please see today's Editor's comments above.

Dear Editor:
I wanted to give you a couple links to the Federal Register. In the January 24, 2003, issue of the Federal Register (, the Transportation Security Administration (TSA) released a final rule that allows them to notify the Federal Aviation Administration (FAA) of anyone that the TSA has determined poses a threat to transportation security. That notice permits the FAA to immediately suspend, revoke, or refuse to issue an airman certificate of anyone named by the TSA. ( That means anybody certified by the FAA which includes mechanics, flight attendants, dispatchers, air-traffic controllers, and pilots. There are two separate appeal processes for US Citizens and Aliens. The alien process is more lax than the US Citizen one. See US Citizens version at ( ) See Alien version at ( ) Both versions allow the TSA to use Classified or Sensitive information to come to their conclusion, which of course, can not be disclosed to the person being designated as a security risk or their counsel. The procedure in both US citizen and alien cases allows for some process but in my opinion falls well short of current standards of procedural due process. (I am still researching the procedural due process and equal protection aspects of the new rule.) This process also stays inside the executive branch without any judicial branch intervention. This also is the first time that the US Government is allowed to use secret evidence against a US citizen I believe. The comment period is open to March 25, 2003.

Jeremy T. Browner

Dear Editor:
And why are the banks Dr. Baer speaks of apparently willing to do this without themselves being lobbied by Mexico? Because the Mexican consuls have already successfully lobbied a number of the largest banks and immigrant heavy cities, and are using that to get others on board. Mexico's stated aim is to "eat the elephant" one piece at a time, i.e. get amnesty by getting local acceptance of their ID. The consuls and President Fox have made no secret of their activities and why they're doing them--why should Dr. Baer object to calling them what they are, lobbying? The fact is, our immigration policy is already run by vested interests: agribusiness, ethnic political groups, labor unions, and now foreign governments, who want remittances and power over our foreign policy, and banks, who see a tremendous market in banking the unbanked, largely illegal immigrants. I can't help wonder when the safety and well-being of the American people are going to be the first priority in setting immigration policy--not somebody's bottom line.

Ali Alexander

Dear Editor:
Chucky's letter to the Editor on 1/29 betrays an ignorance which is inappropriate on such an enlightened website.


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Editorial Advisory Board
Marc Ellis, Gary Endelman

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