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Immigration Daily April 3, 2003
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Editor's Comments

Your Comments To The Feds Count

In our Editor's Comments of March 4, 2003, we encouraged attorneys to send in their comments on the Registration System to the Federal Watchdogs at the Office of Management and Budget (OMB). Attorney Angelo Paparelli has sent to us the Comments he prepared with a detailed discussion of numerous violations in NSEERS under the Paperwork Reduction Act. We commend Mr. Paparelli for sending in his comments to the OMB, and hope more and more attorneys will follow his example when future opportunities to comment on important rule-making present themselves. We will be sure to keep you informed about these as they arise through our comprehesive coverage of Federal Register items.


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Featured Article

Health-Related Grounds Of Inadmissibility
Gregory Siskind and Amy Ballentine discuss the health-related grounds that render an applicant for a visa, admission, or adjustment of status inadmissible.

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Immigration Law News

BCIS Seeks Comments
The Bureau of Citizenship and Immigration Services sought comments on the checklist for on-site review of schools; Form OMB-35. The data is used by the agency when conducting on-site visits at schools that submitted certification applications in SEVIS after the preliminary enrollment period.

Senate Findings On The State Criminal Alien Assistance Program
The Senate passed the House Concurrent Resolution 95, which included its findings on the State Criminal Alien Assistance Program (SCAAP). The Senate found that the control of illegal immigration was a federal responsibility and that the 56% cut in FY 03' funding for SCAAP would place an enormous burden on state and local law enforcement agencies during a time of heightened efforts to secure our homeland.

Rep. Grijalva Says Too Much Immigration Has Been Healthy
Rep. Grijalva (D-AZ) in a discussion in the House of Representatives said, "A lot of people will talk about the fact that we have too much immigration coming, but we forget that immigration has also been healthy. And if we do cut immigration, then we better educate our people, because we have also been a brain drain on the rest of the world."

EOIR Says Aliens Are Now Eligible For Full Asylum Benefits Based On Coercive Population Control
The Executive Office for Immigration Review of the Department of Justice (EOIR) announced that it has sent notices to aliens in the US who had been previously granted conditional asylum based on persecution related to coercive population control (CPC) indicating that they are now fully eligible for all asylum benefits.

DOS Says US Immigration Policy Is Not To Blame For Cuban Hijacking Incident
During a press briefing, Department of State Spokesman responded to a question that asked, "Can you specifically address Cuban authorities who say that US immigration policy towards Cubans is what is to blame for incidents like this [hijacking] because it serves as a sort of encouragement for people to do whatever they can to get here?"

No Meritorious Issues For Appeal Found
In US v. Solis-Ponce, No. 02-4632 (4th Cir. Apr. 1, 2003), the court said that it examined the entire record in accordance with the requirements of Anders and found no meritorious issues for appeal in a case involving illegal reentry.

Two Separate Illegal Re-entry Acts Are Not Grouped Under Sentencing Guidelines
In US v. Bahena-Guifarro, No. 02-1349 (7th Cir. Apr. 1, 2003), the court found in this case of first impression that two separate acts of illegal re-entry into the US should not be grouped under the sentencing guidelines because Defendant's offenses did not constitute a single, composite harm and he did not provide the court with any evidence that the crimes were committed as part of a common scheme or plan even though it was his burden to do so. In its decision the court said that the two counts of illegal re-entry must be grouped together because they involved the same victim, society at large, and they were connected by a common criminal objective, alien's desire to be in the US near his family. The court likened Defendant's two illegal re-entries to two counts of escape from prison.

2 Fallen Marines Given Posthumous Citizenship
The San Francisco Chronicle reports that the BCIS has approved posthumous citizenship for two fallen Marines from Southern California both killed in combat in Iraq. "Her son died fighting for this country, so I certainly think it is warranted that her son gained citizenship and is buried as an American citizen," Marine Maj. Dolan said.

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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.

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Letters to the Editor

Dear Editor:
The following letter was submitted as a NSEERS comment to the OMB under the Paperwork Reduction Act.

Angelo A. Paparelli
Paparelli & Partners LLP, Irvine, CA

Dear Editor:
I am a graduate from a US ABA approved law school who also passed a bar examination administered in July 2002. However, the bar association is taking a very long time to examine the fitness of my character, and admit me to practice. I have heard that not all "Representatives" before the INS have to be licensed "Attorneys," and form G-28 so indicates. Does anyone know how to go about becoming a "Representative" before the INS for purposes of representing aliens, prior to being sworn in as a licensed attorney? Will representing aliens in that capacity create any apparent ethical problems for admission (i.e. practicing law without a license)? I have worked for an immigration attorney, and have knowledge of the immigration laws from a law school immigration course. I am simply eager to go to work and earn money so I can pay back all of the student loans I have mounting over me. I feel like my whole life is just in a holding pattern waiting for the bar to review my documentation. Please help.

Name Withheld Upon Request

Dear Editor:
I am a regular ILW.COM reader for the past few years and find it excellent. You cover many topics on immigration but it is very seldom that family immigration is featured. More than a decade has gone by when family immigrant visa numbers were fixed to 226000 in all catgories from f-1 to f4. The heavy backlog in these catgories results in a lifetime of waiting before petitioners can reunite with their relatives. America seems to reward all those who enter the US either illegally by breaking the laws or through amnesty, whereas those who keep waiting to come here legally are treated like stepchildren.

Name Not Provided

Dear Editor:
I am new to a career in real estate, a former wetback, now a citizen. Can a person defined as an illegal alien, but reporting taxes using their w-7 (which the IRS states does not change individual's immigration status) purchase a home? I'm assuming, of course, that a mortgage can be obtained (even through predatory lending) since the house, the asset remains.

Roxana Rodas-Pais
Memphis, TN

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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