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Immigration Daily April 9, 2003
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Our Classifieds

Whether you're in the market for a job opportunity or in search of vendors to fulfill certain immigration-related services, or just plain curious, check out our classifieds section. Recent help wanted ads have sought qualified candidates for both immigration attorney and paralegal positions in cities, coast to coast: from San Diego, Los Angeles, and San Francisco, to Washington D.C., Boston, and beyond. We've also featured ads for services ranging from credential evaluation and translations to automated immigration software to labor certification advertising, all of which can save you valuable time.


New Seminar On Labor Certs

ILW.COM is pleased to announce a new telephone seminar series ""Labor"-Intensive Immigration Practice: Advanced DOL Strategies on the Eve of PERM." For more info, including detailed curriculum, speaker bios, and registration information online, click here.
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Featured Article

The California Shredding Fiasco: Examining the Evidence - Part 2 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

OJP Seeks Comments
The Department of Justice, Office of Justice Programs, sought comments on the reinstatement, without change, of a previously approved collection for which approval has expired; Edward Byrne Memorial State and Local Law Enforcement Assistance Program and related immigration provisions.

Rep. Tancredo Speaks On Impact Of Lack Of Immigration Enforcement
During a debate in Congress, Rep. Tancredo (R-CO) focused on the current lack of immigration enforcement and its impact to the Adams family and said, "Their lives have been completely turned upside down by this phenomenon, this elimination of the border, the fact that there is no longer a border, the "It is not really two countries, it is just a region" philosophy.

8 CFR 3.2(d) Trumps Power Of 8 CFR 3.2(a)
In Navarro-Miranda v. Ashcroft, No. 01-60945, con. w/02-60126 (5th Cir. Apr. 8, 2003), the court found that the Board of Immigration Appeal's (BIA) interpretation of the provisions of 8 CFR 3.2 was reasonable where the BIA concluded that 8 CFR 3.2(d) (the power to reopen on its own motion) trumped the power granted by 8 CFR 3.2(a) (that the alien not have been deported). (This opinion is the revised opinion for the original which was filed February 28, 2003.)

Alien Born In 1959 Does Not Qualify Under Child Citizenship Act
In Gomez-Diaz v. Ashcroft, No. 02-1446 (7th Cir. Apr. 7, 2003), the court denied Petitioner's claims and said that he did not become a citizen by application of the Child Citizenship Act because he was well over 18 years old on February 27, 2001 and that his prior convictions were aggravated felonies, consistent with Congress' intention that the expanded definition of "aggravated felony" be applied retroactively.

Decision Not To Depart From Sentencing Guidelines Is Not Appealable Where There Is No Indication District Court Misapprehended Its Scope Of Authority
In US v. Flores-Martinez, No. 02-1467 (2nd Cir. Apr. 2, 2003), the court said that the Defendant failed to establish that the district court "mistaken[ly] conclu[ded] that it lacked the authority to depart".

Failure To Comply With Procedural Requirements Waives CAT Claims
In Haliu v. INS, No. 02-1645 (4th Cir. Apr. 8, 2003), the court said that Petitioner's claims for withholding of removal and purusant to the Convention Against Torture were waived when he failed to comply with applicable procedural rules.

Congress Prepares To Review H-1B Visa Program
The Chicago Tribune reports that "As Congress prepares to reauthorize the controversial program for another three years in the fall, foes are calling for safeguards to stop the wholesale replacement of US workers."

Efforts To Repeal 1926 Law Prohibiting Asians From Land Ownership May Be Abandoned
The Lakeland, Florida Ledger reports that "[Sen. Geller (D-FL)] said he might abandon his effort to repeal a defunct Florida law banning Asian immigrants from owning property because other lawmakers want to use the opportunity to ban another group of people from land ownership: illegal aliens."

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Labor Certification Advertising
Do you place labor certification advertisements on behalf of your clients?
USADWEB, LLC is the premier ad agency designed with the immigration attorney's needs in mind. Our job is to make your job easier. Our knowledgeable staff has experience with all types of recruitment media including newspapers, journals, Internet, college recruitment and more. We will provide you with expert guidance on placing advertisements and the lowest costs available from any publication. We offer one stop service and accountability for the entire advertisement recruitment effort. Our job is done only when we have mailed your client's tearsheet or affidavit to you. You can leave the worrying to us. Reduction in Recruitment (RIR) Advertisements: We will help you establish a recruitment pattern that is acceptable to the Department of Labor (DOL). Simply describe your advertisement needs to us, and we will work hard to satisfy those needs. We offer a wide range of services and bring to the table expert knowledge in DOL compliant advertisement. We work with you to help assure your certifications. Have you been asked to re-advertise based on industry layoffs? With only 35 days to respond to the DOL, you need tearsheets quickly. We make these situations simple and easy for you by providing prompt, efficient service and aggressive follow-up with publications to help ensure you get what you need to complete your case in timely fashion. Regular Labor Certification (RLC) Advertisements: Labor issues are constantly changing. With layoffs prevalent in many industries, many attorneys are turning to the regular labor certification process once more. Our knowledgeable staff can assist you in reviewing SWA (SESA) advertising instructions and placing advertisements. We will proofread your advertisements and place them promptly in the next available publication as SWA instructed. Give us a chance to handle your clients' recruitment needs. We will impress you! Please visit our website at: For more information, please contact us via email at: or call us at 1-866 USADWEB (1-866 872-3932).

Automated Software For Immigration Attorneys
2 Attorneys. 2 Paralegals. 5000 cases. Welcome to the revolution. Sign up today to learn more about and start using VisaPrep. It's not another forms program. It is tomorrow's technology solution for your entire practice; processing, tracking, managing and communicating. You will receive a $10 Starbucks coffee card just for completing a brief 30-minute demonstration. Plus, you'll get free usage of the VisaPrep online system for the first 30 days. Contact Juliet DiIorio, Director of Sales, at 312-279-1162 or

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
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Letters to the Editor

Dear Editor:
The headline that appeared in the April 8, 2003 issue of Immigration Daily and entitled, "Gutierrez Joined The Marines As An Undocumented Alien", is grossly misleading. An undocumented alien may not join the US Armed Forces. Mr. Gutierrez joined the Marines as a lawful permanent resident.

Name Withheld Upon Request

Dear Editor:
Virtually every time I try to open one of your .shtm documents, it crashes my browser/email program (Netscape 4.73). This does not happen at other sites, and only began happening a few months ago. Can you help/any ideas?

Marc M. Yelnick
San Mateo CA

Editor's Note: ILW.COM is fully compatible with MS Internet Explorer 5.x and above. However, users of Netscape Navigator 6.x and above should also be able to view most of our content (there was no Netscape 5.x release). Web surfers using Netscape Navigator 4.x, however, will experience problems with our recently redesigned website (launched late last year). We urge those of you who have older versions of Netscape to upgrade to MS Internet Explorer (or to later versions of Netscape Navigator).

Dear Editor:
For some time I have been receiving Immigration Daily sent to me via email at my AOL account. On March 30, I discontinued using AOL and now subscribe to Earthlink. The last newsletter I received was for Mar. 26. Could you possibly resend Immigration Daily from Mar.27 to date? I wanted to tell you how helpful your periodical is. I scan Immigration Daily each day and then forward them to a "Welcome Center" at my church, where mostly Hispanic persons are being helped with immigration and other issues.

Elizabeth Schaefer

Editor's Note: For previous issues of Immigration Daily, visit our archives section where you can view by date.

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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