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Immigration Daily April 1, 2003
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Featured Article

Detention: New Obstacle for Asylum Seekers
Carl R. Baldwin writes " If the list of [Special Registration] countries (except for North Korea) is entirely Muslim, one wonders whether "Operation Liberty Shield" is not Muslim-oriented national-origin discrimination."

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Immigration Law News

New Enforcement Statistical Yearbook Section Says 70,000+ Criminal Aliens Removed In 2002
The INS released the Enforcement Section (43 pps.) of the 2002 Statistical Yearbook Section which presents information about actions taken by the INS to prevent illegal entry into the US and to apprehend and remove deportable aliens from the US.

Court Finds Against Former Nigerian Minister's Asylum Claim
In Awe v. Ashcroft, No. 02-1994 (7th Cir. Mar. 31, 2003), the court said that the Board of Immigration Appeal's (BIA) did not err in summarily dismissing Petitioner's procedurally defective appeal where he had indicated that he would file a brief which he ultimately did not file.

District Court Abused Its Discretion Where It Granted Downward Departure To Prevent Separation From American-Born Children
In US v. Hernandez, No. 02-1535 (7th Cir. Mar. 28, 2003), the court found that the district court abused its discretion in granting a two-level downward departure because, "although it is a sad fact that families are often separated by deportation, the situation in which one parent may remain in the country legally with children who are natural born American citizens, while the other parent is ordered deported, is by no means unique."

Court Finds Palestinian From Kuwait Was Persecuted
In Ouda v. INS, No. 01-3869 (6th Cir. Mar. 31, 2003), the court found that the evidence in the record which showed that the Petitioner and her family "were threatened and beaten up, and that they were deprived of food, water, a livelihood and the ability to leave their house because they were Palestinians", compelled the conclusion that Petitioner had established past persecution in Kuwait." The court also found that the Board of Immigration Appeal's (BIA) erred by ruling as a matter of law that Petitioner could not request asylum from Kuwait because she could not be deported there.

Homeland Security Reorganization Bill reports that "The chairman of the House Homeland Security Committee plans to move quickly on legislation he introduced Tuesday that would make changes to the act creating the Homeland Security Department, saying at a hearing on Friday that the bill consists of "a series of technical amendments that are non-controversial."

Undersecretary Hutchinson Says That He Will Take Action To Ensure Immigrant's Rights Are Protected reports that Undersecretary Hutchinson in addressing AILA said, "If, as you say, there are miscommunications out there or misapplications of correct policy [regarding the rights of immigrants here to be represented by lawyers], then it would be appropriate to correct that by memorandum or directive," he said. "We will monitor all of this very carefully."

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Help Wanted - Experienced Legal Assistants
Busy San Franciso downtown law firm seeks two legal immigration assistants for work involving complex immigration support, legal research, and preparation of deportation defense related forms. Ideal candidates must have 3+ yrs of relevant immigration experience. Additional responsibilities include: maintaining calendar of appointments, assistance with pre-hearing preparations, keeping accurate files and records. Must be skilled using Macintosh, Filemaker Pro software and related programs. Must also possess a notary public license (or within 90 days from date of hire). We offer a competitive salary and a full range of benefits, including paid time off, paid health insurance, and a monthly commuting stipend. Please send a cover letter with your resume to either or fax to: 415-296-8730.

Help Wanted - Experienced Paralegal
Maggio & Kattar, a Washington, D.C. immigration firm seeks an experienced paralegal to handle outbound immigration matters for corporate clients. Experience with Canada, UK, China, Mexico, Hong Kong, Singapore and the Philippines preferred. Send resume + salary requirements to Amal Talhame at: or fax (202) 483-6801.

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Letters to the Editor

Dear Editor:
Your comments today about defending the Bill of Rights through immigrants who today are unpopular, debased and vile were very powerful. The world views the U.S. as a naive young nation amongst some ancient cultures on the planet. Perhaps our credence in the executive branch is further evidence of this naiveté.

Alice Yardum-Hunter, A Law Corp.

Dear Editor:
The following press release was released by the Lutheran Immigration & Refugee Service.

Members of the House of Representatives have announced the formation of a Bipartisan Congressional Refugee Caucus that will seek to focus attention on the plight of the world's 15 million refugees, reverse the recent decline in the US government's traditional commitment to welcoming carefully screened refugees, and help to protect and assist refugees in camps overseas. As a national agency, Lutheran Immigration & Refugee Service (LIRS) welcomes this important development and urges all representatives from every state to join the caucus. According to LIRS President Ralston H. Deffenbaugh Jr., "The U.S. refugee resettlement program remains in serious crisis, leaving thousands of vulnerable refugees at risk around the world. No one foresaw that this already highly regulated humanitarian rescue program would become a victim of September 11, 2001. We are hopeful that the Refugee Caucus will restore the United States' proud tradition of welcoming refugees who work hard and become productive residents of communities throughout America." Overseas, the world's commitment to refugee protection and assistance has also declined. The U.N. High Commissioner for Refugees has been forced to curtail programs that provide refugees food, water, health care and education. Dozens of U.S. relief groups have had to cut their services to refugees because of lack of funds. For example, programs to prevent sexual and gender-based violence against female refugees have been curtailed despite investigations this year pointing to the persistent problem of violence and exploitation committed against refugee women and girls. The Refugee Caucus will also work to ensure adequate protection and assistance for refugees overseas. The Refugee Caucus is co-sponsored by Reps. Chris Smith (R-NJ04), John Conyers (D-MI14), Ileana Ros-Lehtinen (R-FL18) and Zoe Lofgren (D-CA16).

Meg Arenberg, President's Office Assistant
Lutheran Immigration & Refugee Service

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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