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Immigration Daily March 10, 2003
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Unlock The Power

ILW.COM announced the arrival of our improved search engine last fall. We hope that you have had time to use our search engine which can be easily accessed and appears both, on the left navigation bar and on the footer of each and every ILW.COM webpage. An understanding of a few simple concepts goes a long way to maximizing the advanced search engine's sophisticated capabilities. I'd like to share with you a few simple tips that will allow you to also become a "power searcher".

  • Use quotation marks around phrases
  • Add a + in front of any word or phrase to indicate that it is required
  • Add a - in front of a word or phrase to exclude it

The search engine is particularly helpful in retrieving published cases and featured articles. For example, to search for a 2003 case involving vacated federal convictions, type in:
+"vacated federal convictions" +2003. -- and the relevant case, In Renteria-Gonzalez v. INS, No. 01-60364 (5th Cir. Feb. 27, 2003) appears.

Notable improvements for the advanced search include the ability to search within a particular sub-section of the site such as articles, cases, Immigration Daily, Immigration Weekly, or site-wide. Previous issues can also be accessed by browsing our archives by date. Try out our advanced search for yourself.


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

Troubled Times For US And Foreign Clients: Immigration Tips All Lawyers Can Use
Angelo Paparelli Susan K. Wehrer writes "in this time of turmoil and enhanced enforcement of immigration laws, the mantra for all lawyers advising clients who meet, befriend, employ or work with foreign nationals should be the reminder to these foreign citizens: stay in status, stay in status, stay in status."

A Legal Guide For INS Detainees: Part 2
The Commission on Immigration Practice, Policy, and Pro Bono of the American Bar Association offers a detailed guide at how to petition for release from indefinite detention.

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 Terminates Uruguay From Visa Waiver Program
The INS issued an interim rule evaluating the designations of Belgium, Italy, Portugal, and Uruguay under the Visa Waiver Program (VWP) and has determined that Uruguay will be no longer be designated a VWP country, effective April 15, 2003.

Attorney General Ashcroft Testifies On SEVIS And NSEERS
Attorney General Ashcroft appeared before the Senate Committee on the Judiciary War Against Terrorism hearing to discuss the Department of Justice's efforts against terrorism. During his testimony, he said "NSEERS has allowed immigration officials to track the entry, exit, location, and activities of more than 81,000 foreign visitors from 149 different countries. To date, NSEERS has led to the apprehension of 8 suspected terrorists and over 500 other aliens at the border who presented law enforcement threats."

Zadvydas Does Not Apply To Excludable Aliens
In Rios v. INS, No. 02-40766 (5th Cir. Jan. 28, 2003), the court said that although Zadvydas held that a deportable alien may contest his continued detention in an 28 USC 2241 proceeding, the court distinguished the status of deportable aliens from that of excludable aliens like Petitioner.

Senate Filibusters Estrada Nomination For Federal Appeals Court reports that Republicans fell five votes short of the 60 they needed to end the Democratic filibuster on Estrada, who was nominated by Bush two years ago to become the first Hispanic on the U.S. Court of Appeals for the District of Columbia.

Louisiana State's Policy Barring Nonresident Aliens From Taking State Bar Exam Challenged
The Times-Picayune reports that a federal lawsuit has been filed challenging a decision last year by the Louisiana Supreme Court, making Louisiana the only state to forbid nonresident foreigners from taking its bar exam.

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:


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The Internet domain address, is for sale. It is a website that possesses immense site traffic, excellent search engine positioning, and a large immigrant client database. Specifically, the database contains 80,000 active e-commerce clients and 400,000 details of immigrants. This is an excellent opportunity for immigration practitioners seeking to recruit new clients or for service companies looking to sell immigration products and services. For more information, please contact via email at or by fax 212-898-0434.

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:
I know so many programmers, engineers who are not able to find a job for one to two years. Including those who came to the US I think instead of whining about long H1B processing times, Intels of the future might as well consider possibilities of hiring local unemployed specialists and thus supporting local families. I know it will somewhat affect the income of immigration lawyers. However, even on the tighter budget they should not confuse their problems with the problems of country and economy.

Veronika Bari

Dear Editor:
As some of your readers are fond of idealized fiction, quotes or fable as the basis for promulgation of immigration policies, I offer the following: "Oh what a tangled web we weave..." and "Humpty Dumpty sat on a wall..." for analysis. A deliberate, illegal act of entering the US by whatever means becomes a difficult task in the attempt to construct that person "back together again" as a bonified, legitimate US citizen or even as one that our society can deal with in a practical manner as a non-citizen. To the degree that this is done, what kind of "citizen" will be the result or what kind of society will be achieved, when illegality is the origin? Such attempts fail and/or endure with "band-aid solutions" for the same reason that you can't put a square peg into a round hole. An illegal alien is not a citizen or properly admitted. If he or she were, there would be no problem and such contrived "solutions" as this or the superfluous "matricular consular" ID card program would not be needed. The solution now is to deport them, not to try to accommodate them. [See: for details] Let them try to come back later as legal migrants (after a 5 year penalty for their illegal attempt) as others properly do. Perhaps it would be easier to come up with the right solution if we called them by the correct term: illegal aliens. We will never get a "handle" on immigration until it is limited and controlled, not by accommodating the illegalities.

R. L. Ranger

Dear Editor:
In response to Mr. Baer's analogy of an illegal alien to Jean Valjean in Les Mis, it is meritless and an insult to Americans. Is stealing a loaf of bread because of hunger the equivalent of an illegal alien overstaying a student visa and flying a commercial airliner into the Twin Towers?


Dear Editor:
When I was a boy, I was taught that one who dies in the state of grace [i.e. w/out mortal sin] will eventually access heaven after expiating venial sins in a place called purgatory. All religions in my day taught forgiveness. I assume that even those who are adamant against acceptance for the undocumented are taught forgiveness if they practice a religion. Accessing entrance into this country without documentation is not mortal; it is venial, and those who have come to our country in this way should be allowed to expiate their violation with earned forgiveness. Whenever I have visited Liberty Park and Ellis Island I have tried to envision my grandparents arriving there, where they first set foot into our country, where they slept, etc. When I re-read the words of Emma Lazarus, engraved on the pedestal of The Lady, especially the ending of her poem, I am filled with emotion and find a lump in my throat: "Keep, ancient lands, your storied pomp!" cries she with silent lips. "Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teaming shore. Send these, the homeless, and tempest-tost to me, I lift my lamp beside the golden door!" Yes, I am a romantic and I do like poetry. The Lady does not ask for the rich and the educated, but for the poor, the tempest-tost and the huddled masses yearning to breathe free. My grandparents arrived poor and uneducated in steerage. It was they who gave me the opportunities I enjoy today.

Richard E. Baer

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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