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Immigration Daily

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Immigration Daily April 10, 2003
Previous Issues
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Editor's Comments

The Iraq War And Immigration

While CNN.COM reports celebration by Arab-Americans upon the toppling of the Saddam statue in Baghdad, the war against Saddam Hussain's Iraq shows unexpected connections with immigration. WorldNetDaily.COM reports an online petition by a former Marine to grant citizenship to the Iraqi who helped rescue Prisoner Of War Jessica Lynch (online petition drive.) As readers of this periodical know, immigration is a complex topic, and remains complex in wartime. The Washington Post reports on an "Alice-in-Wonderland" situation where an Iraqi exile who was gassed by the Hussein regime and who met with President Bush in the Oval Office last month has reportedly been served with a deportation notice to deport her to ... Iraq. As we begin the gradual return to peace, Immigration Daily will continue to cover immigration developments for our readers.


"IRCA Strategies for Employment Immigration: Hot Issues in I-9s, Hiring Discrimination, OSC, etc."

The part of our immigration system that impacts America most widely is the I-9 form. No other provision of our immigration law touches more employers than the I-9 form. No other immigration form impacts more people - both citizens and aliens. However, the deceptively simple I-9 Form hides complex underlying issues and procedures. There are currently hundreds of government officials who are employed full-time and exclusively for I-9 related enforcement. With the creation of BICE, with its 14,000 personnel devoted to interior enforcement, new government initiatives for employer-related enforcement are entirely possible. All employers, including those downsizing and reducing their workforce, are impacted by I-9s, witness the hundreds of thousands of "mismatch" letters sent out by the Social Security Administration this past year.

ILW.COM's seminar series "IRCA Strategies for Employment Immigration: Hot Issues in I-9s, Hiring Discrimination, OSC, etc." seeks to unravel the complexity surrounding I-9s and its related issues. Led by the head of the IRCA group at the largest immigration law firm in the country, it features distinguished government panel speakers, includinig representatives from OCAHO, INS General Counsel, and OSC. While aimed at immigration attorneys, this seminar series would also benefit in-house counsel and corporate HR personnel. See the links below for more on this informative and educational seminar.

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

Running to Canada
Anna Boryczewski writes "During the past several months, there has been a rush of immigrants from the US to Canada."

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Immigration Law News

Rep. Tancredo Focuses On Environmental Impact Of Illegal Immigration
Rep. Tancredo (R-CO) continuing his discourse on illegal immigration said, "...And there are, as I say, implications of massive immigration into this country which are absolutely incredible and need to be talked about, need to be debated, even if it makes people uncomfortable. And certainly this is one part of it. This is just one part. That is the environment."

BICE Interim Director Speaks On SEVIS Before Immigration Subcommittee
BICE Interim Director of Interior Immigration Enforcement Williams testified before the House of Representatives, Subcommittee on Immigration, Border Security and Claims on the deployment of the foreign student tracking system, the Student and Exchange Visitor Information System, or SEVIS. During his testimony, he said, "There has been some concern in the school community that SEVIS errors have been responsible for unwarranted enforcement actions being taken against students. BICE can assure the public that it does not rely solely on information in SEVIS."

Senate Passes Emergency Wartime Appropriations Act Which Includes Provision That Offsets Potential Revenue Decrease From Visa Applications To US
The Senate amended and passed the Emergency Wartime Supplemental Appropriations Act 2003, H.R. 1559, which included immigration related provisions.

EOIR Fact Sheet On Reorganization Of 8 CFR
The Executive Office for Immigration Review of the Department of Justice released a fact sheet detailing the changes to Title 8 of the Code of Federal Regulations (8 CFR) resulting from the transfer of functions from the INS to the DHS under the Homeland Security Act.

BCIS Received 215,190 H-1B petitions in FY 02'
The Bureau of Citizenship and Immigration Services (BCIS) announced the statistics for the number of H-1B petitions filed and approved during fiscal year 2002, which ended on September 30.

1st Circuit Clarifies Definition Of "Exceptional Circumstances"
In Herbert v. Ashcroft, No. 02-1950 (1st Cir. Apr. 8, 2003), the court vacated the Board of Immigration Appeal's (BIA) denial of Petitioner's motion to reopen a decision in absentia to deport him and said that the totality of circumstances in this case constituted extraordinary circumstances within the meaning of 8 USC 1229a(e)(1). In discussing this statutory provision which defines the term "exceptional circumstances" the court said, "We focus here on the requirement of "exceptional circumstances ... beyond the control of the alien"" (internal punctuation retained). The effect of omitting the text read out by the ellipsis in the quote above establishes a clearer definition of "exceptional circumstances" into the case law.

IJ's Well-Intentioned But Inaccurate And Inadequate 212(c) Waiver Explanation Deprives Defendant Of His Due Process Rights
In US v. Aguirre-Tello, No. 02-1645 (10th Cir. Apr. 7, 2003), the court held that the district court correctly decided that Defendant was deprived of his due process rights in his 1994 deportation proceeding and suffered prejudice as a result when he was never given an explanation of the 212(c) waiver, nor of the free legal services he could have obtained to pursue the frequently granted 212(c) waiver. The court also said that while the Immigration Judge was well-intentioned, nevertheless his attempt to explain the 212(c) relief available to the Defendant was inaccurate and inadequate.

Cardinal Urges Conferring Of Citizenship To Noncitizens In US Forces
The New York Times reports that "Cardinal Mahony, [head of the Roman Catholic Archdiocese of Los Angeles], has urged President Bush to award immediate citizenship to all immigrant troops serving in the Persian Gulf."

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Labor Certification Advertising
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Automated Software 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:

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:
My name is Margaret Wong, and I have been an immigration attorney in the city of Cleveland for over twenty years. As an American-born immigrant myself, I believe it is imperative to understand both the culture of the US and our ability to assimilate to it. To that end, I have attached a 2 page survey (pdf) to gather information that will benefit the immigrant population as a whole by defining both the benefits and concerns of the populace. Your answers to these questions will be kept anonymous and the information gathered from them will be made available to you at a later date. I thank you in advance for taking the time to complete this survey.

Margaret W. Wong

Dear Editor:
The latest images and news from Iraq prove right Immigration Daily's editorial on the war.

Name Not Provided

Dear Editor:
In response to yesterday's letter to the editor, this is a warning to Marc Yelnick and others who might be thinking of switching from Netscape 4.73 to 6.0. Netscape 6.0 stinks, which is why Netscape users stuck with 4.73. However, the new 7.02 gets rid of most the the bugs that were in 6.0 and reincorporates many of the features of 4.73. Go to: to get 7.02. You don't have to bow to Bill Gates to access Immigration Daily.

Eugene J. Flynn

Dear Editor:
It has been more than five years since people have filed their I-130 relative petitions and nothing has been done by the INS or BCIS or whatever agency is now dealing with such issues. For example, cases are pending with the BCIS from 4/3/1998 at the Texas Service Center as of 3-31-2003. Who knows, maybe one day due to a huge backlog, more petitions may be shredded, as was done at the California Service Center by some contract employees. Something must be done before this situation worsens.

Name Not Provided

Dear Editor:
Part 1 of Jose Latour's article entitled, "The California Shredding Fiasco: Examining the Evidence - Part 1 of 2" is fascinating. I look forward to learning more.

Daniel Aharoni, Esq.
New York, NY

Editor's Note: Read Part 2 of Latour's "The California Shredding Fiasco: Examining the Evidence" in Immigration Daily's April 9, 2003 issue.

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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