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Immigration Daily

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Immigration Daily April 8, 2003
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Editor's Comments



200,000 Attorney Searches Per Year!

Approximately 200,000 searches are made each year for immigration attorneys on ILW.COM. That's more than 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! We can even link your ILW.COM listing directly to your own website. 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

The California Shredding Fiasco: Examining the Evidence - Part 1 of 2
Jose Latour delves into the illegal shredding incident involving 90,000+ documents that occurred earlier this year at the California Service Center.

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Immigration Law News

IPASS, New Visa Review Body Proposed To Help Tracking Of Foreign Students
During testimony before the House Science Committee Dr. Tilghman, president of Princeton University said, "a new visa review body the Administration is planning to create, known as IPASS, might help the visa backlog. ...The absence of information about IPASS could dissuade excellent international students from applying to U.S. institutions for fear that this new system will impose additional burdens and delays."

OALJ Approves Consent Findings With Prejudice In LCA Matter
In the Matter of Ansanul Howlader v. Guilford Mills, Inc., No. 2000-LCA-11 (OALJ, Apr. 4, 2003), the Office of Administrative Law Judges said that the action was settled and dismissed with prejudice pursuant to an agreement whereby the Complainant withdrew his complaint and where the terms of the settlement agreement were treated as confidential, with access being ordered only by order of the Court.

10-Year Bar Language Intended By Congress
In Cervantes-Ascencio v. INS, No. 02-4147 (2nd Cir. Apr. 7, 2003), the court said that the omission of "long-term aliens" from Subpart II of 8 USC 1182(a)(9)(b)(i) was presumed to be intentional and that the statutory language, if clear on its face, ended the court's analysis.

Nevada Conviction For Lewdness With A Child Under 14 Years Of Age Is Sexual Abuse Of A Minor
In Cedano-Viera v. Ashcroft, No. 01-70622 (9th Cir. Apr. 7, 2003), the court revised its Mar. 26, 2003 opinion where it said that since Petitioner was removable on account of his conviction involving sexual abuse of a minor, an aggravated felony under 8 USC 1101(a)(43)(A), the Court of Appeals had no jurisdiction to review his constitutional claims.

St. Cyr Analogy Does Not Hold For Asylum Claim Filed Before April 1, 1997
In Vasquez-Zavala v. Ashcroft, No. 01-70973 (9th Cir. Apr. 7, 2003), the court denied Petitioner's claim that by filing an application for asylum before April 1, 1997, they had "settled expectations" of being placed in deportation proceedings rather than removal proceedings and said that "any expectation that an INS action would thereafter commence could not support a sufficient explanation as to when it would commence."

False Date Of Entry In An Asylum Application Is Material Where It Has Natural Tendency To Influence Decision
In US v. Chen, No. 02-10327 (9th Cir. Apr. 7, 2003), the court said that Defendant's application for asylum which included misstatements as to his manner of entry and date thereof were material since they were made to an INS special agent investigating the smuggling and harboring of illegal aliens and that could clearly have affected his investigation.

No Review Of Discretionary Decisions Where District Court Does Not Exercise Its Authority
In US v. Solano-Machuca, No. 02-3511 (8th Cir. Apr. 7, 2003), the court said that it rejected Defendant's argument for downward departure because it did not review discretionary decisions not to depart where there was no indication that the district court believed it lacked the authority to do so.

Gutierrez Joined The Marines As An Undocumented Alien, Returned As An American
An Editorial in the Wall Street Journal chronicles the path taken by Gutierrez that resulted in his receiving posthumous US citizenship.

Immigration Attorney Sues Nearly 40 Immigration Consultants In Southern California for Unauthorized Practice OF Law
The Daily Bulletin of Ontario, CA reports that "[Immigration Attorney] Earl Carter has sued nearly 40 immigration consultants in San Bernardino and Riverside counties, alleging they are illegally providing legal advice and engaging in the unauthorized practice of law, keeping original documents of clients, and failing to file a $50,000 bond with the Secretary of State as required by law."

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Labor Certification Advertising
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Automated Processing For Immigration Attorneys
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Help Wanted - Experienced Immigration Attorney
San Diego's leading immigration firm, Larrabee & Zimmerman LLP, seeks an experienced immigration attorney to join its team. A minimum of 3+ years of Employment-based visa experience and CA bar admission required. Excellent benefits and a great place to work. Send your resume, along with references, and salary requirements to:

Help Wanted - Experienced Paralegal
The Boston Office of Hale and Dorr LLP seeks an experienced immigration paralegal. Principal duties include the preparation of employment-related BCIS/INS filings, including: all non-immigrant employment petitions (E-1, E-2, H-1B, L-1, O-1 etc.), labor certification and permanent residency applications, foreign residency requirement waiver applications and J-1 practical training program applications, other BCIS/INS forms. Drafting of supporting statements is also required. Must have a college degree, 3+ years of immigration-related experience, and excellent oral and written communication skills. Strong technology skills necessary (IRISPro preferred). We offer a competitive salary and a generous fringe benefits package. Send a cover letter with your resume to:

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:
Recently, you published a link in Immigration Daily to a newspaper article about an INS employee in Canada that was deported by Canadian authorities for taking bribes from a company to deny visas to the company's competitors. I would really like to get a copy of that article.

Allen F. Creighton
McNair Law Firm, P.A.

Editor's Note: Try our advanced search engine to find your item of interest. For example, entering the following boolean search: +canada And "INS employee" And deport, leads to:,0219.shtm.

An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Send Correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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