Deport-Em-All vs. Basic Procedural Due Process
In our Editorial Comments on November 8, 2002, we wrote about INS v.
Orlando Ventura, No. 02-29 (Sup. Ct. Nov. 4, 2002) thus: "This decision by
the Supremes may have the unintended consequence of partially negating the
DOJ's recent regulation shearing the BIA. Here's how. The DOJ's new
regulation reduces the BIA to the role of a rubber-stamp tribunal in many
instances. Two entire levels pre-IIRIRA have now been removed - the
district court, and (largely) the BIA. Circuit Courts are accustomed to
reviewing well developed matters where the administrative agency and the
district court have established a firm grounding of fact, and have analyzed
the legal basis thoroughly. Now, however, matters appealed to Circuit
Courts may frequently be inadequately developed to the standards to which
Circuit Judges are used to. The Supremes decision may now give added cause
for the Circuits to remand matters before them back to the BIA for a fuller
development of the record, thus partly foiling the DOJ's recent BIA
regulation." Subsequently, we carried cases from the 3rd and 9th circuits
remanding matters to the BIA in light of INS v. Ventura (Silva-Jacinto v.
INS, No. 00-71426 (9th Cir. Mar. 11, 2003), Sene v. Ashcroft, No. 01-3278
(3rd Cir. Dec. 11, 2002)). There was also a case from the 8th circuit which
directed a grant of citizenship despite INS v. Ventura (Mayo v. Ashcroft,
No. 02-2368 (8th Cir. Jan. 27, 2003)). Today, we carry yet another case
where the 3rd Circuit en banc remands to BIA in light of this
There is a reason why we highlight this pattern surrounding Ventura. It is our opinion that there is a fundamental underlying tension here - between a desire to deport
large numbers of aliens on the one hand, and the fact that this would
impose an erosion of fundamental rights in America on the other hand. And
we are not talking about "immigrant rights" here. We believe that
fundamental rights of all Americans are to some degree intertwined with
basic procedural due process given aliens. Even the barest of due process, such as still exists with the revised DOJ regulations on the BIA, still imposes sufficient administrative overhead as to make the dreams of the
"deport-em-all" crowd very difficult. The dilemma for the anti-immigrationists here is this: either scrap the Bill of Rights for all Americans or learn to live with large-scale immigration. What we are seeing unfold in the
aftermath of Ventura is perhaps the beginning of a backlash to the DOJ's recent BIA-shearing regulation which seeks to accelerate the government's deportation efforts. Only time will tell if we are correct in this interpretation. Immigration Daily will continue to chronicle developments in this area.
Roundtable with ECFMG and CGFNS
The March session of ILW.COM's healthcare seminar will feature a roundtable
with senior representatives of the Educational Commission for Foreign
Medical Graduates (ECFMG) and the Commission on Graduates of Foreign
Nursing Schools (CGFNS). The curriculum for this session includes:
Healthcare immigration is one of the bright spots in today's immigration
law practice. For more info on this phone seminar series, including
detailed curriculum, speaker bios, and registration information, please see: http://www.ilw.com/seminars/february2003.shtm.
- Role of credentialling agencies in health care immigration
- Testing and timeframes
- Guiding applicants through the process
- Participation guidelines for ECFMG programs
- CGFNS: it's not just nurses anymore
For the fax version, please see: http://www.ilw.com/seminars/february2003.pdf.
Citizens and Patriots: Not One and the Same -- A Commentary
Christine Flowers recounts her recent experience and observations at the Immigration Office on 16th and Callowhill in Center City, Philadelphia.
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Immigration Law News
DOS Seeks Comments
The Department of State Office Of Visa Services sought public comments on Form DS-3052, Nonimmigrant V Visa Application.
Citizenship Legislation For 9/11 Immigrant Victims
Hon. Maloney (D-NY) re-introduced legislation that would grant citizenship to the spouses and children of legal immigrants who
were killed on September 11, 2001. Sen. Corzine (D-NJ) said, "My legislation would bestow honorary citizenship on legal immigrants
and non-immigrants who died in the disaster....Perhaps more important, the bill would offer citizenship to surviving spouses and children, subject to a background investigation by the Federal Bureau of Investigation."
Fallen Heroes Immigrant Spouse Fairness Act Seeks To Address Situation Of Fundamental Unfairness Under Current Immigration Law
Hon. Jones (R-NC), in introducing the Fallen Heroes Immigrant Spouse Fairness Act said, "Widows and widowers of our men and women in uniform who are in the process of applying for a green card should not have their application process terminated if they are unfortunate enough to have lost their loved one prior to reaching the 2 year threshold."
INS May Not Hide Behind State Department Letterhead, Reliance On State Department Letter With Third Hand Account Of Unexplained "Investigation" Violates Due Process
In Ezeagwuna v. Ashcroft, No. 01-3294 (3rd Cir. Apr. 14, 2003), the court amended its original opinion, pursuant to an en banc rehearing in light of the Supreme Court decision in INS v. Ventura, and remanded to the Board of Immigration Appeals (BIA) for further proceedings. In its original opinion, Ezeagwuna v. Ashcroft, No. 01-3294 (3rd Cir. Jul. 30, 2002), the court held that a letter from the State Department which was the linchpin of the BIA's adverse decision on the credibility of Petitioner's asylum application was "multiple hearsay of the most troubling kind" and was neither reliable nor trustworthy, and expressed its concern that the INS was "attempting to use the prestige of the State Department letterhead to make its case and give credibility to the letter's contents", and that the BIA's reliance on this letter violated Petitioner's Fifth Amendment right to due process..
Certificate Of Appealability Denied
In US v. Cruz-Arellanes, No. 02-4100 (10th Cir. Apr. 9, 2003), the court said that it did not find the district court's resolution of the claims advanced by Defendant to be debatable or wrong.
DHS Spokesman Says DHS Is Dealing With Same Law, Still Doing Same Thing
The New Bedford Standard-Times reports "Despite all the name changes and the promise of an alphabet soup of acronyms, the public should barely notice the abolition of the INS and its replacement with three new agencies, a DHS spokesman in Boston said."
Commercial Database Files Used By Gov't To Verify Personal Information
The Boston Globe reports "ChoicePoint is the US immigration officer's favorite private data tool, but it's not the only one, said Thomas Durand, assistant chief inspector of the new US Bureau of Customs and Border Protection, which absorbed some of the INS functions....If ChoicePoint's data [a commercial database company] are used to block foreigners from entering the US, [Choicepoint's marketing director] Lee said he hopes immigration officials give travelers the chance to challenge the accuracy of information used to confront them."
Local Police Seek Public's Help In Tracking Down Victims Of Pastor Who Allegedly Extorted $$$ From Mexican Residents
The Bridgetown News of New Jersey reports "A pastor at a [local] city church was arrested Thursday afternoon, accused of shaking down Mexican residents on at least three occasions over the last week by posing as an immigration official, police said."
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We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
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Letters to the Editor
I want to commend ILW.COM for recently upgrading the content of letters to the Editor and especially for publishing the comments of Martin M. Soloman and
those of SJD in the April 11th issue of Immigration Daily. The points of view expressed by both Mr. Solomon and SJD provide a depth of knowledge about our immigration system, based on law and real world experience, in which anyone reading ILW.COM should be interested. I only wish SJD had revealed his or her identity and taken credit for a well written letter of interest to us all. Keep up the good work.
David D. Murray, Esq.
Newport Beach, CA
The following minutes were sent by the State Bar of Texas Committee on Laws Relating to Immigration & Nationality.
Attached are the minutes prepared by Debbie Rodriguez from a Dallas meeting held on February 28, 2003, of the
State Bar of Texas immigration committee. This meeting was hosted by Vanna Slaughter and Catholic
Charities. This happened to be the last day of existence of
the INS which was
absorbed into the Department of Homeland Security and
divided into three new bureaus.
We received updates about the Texas Service Center, the
new Bureau of Immigration & Citizenship Services, the Department of Labor, NAFSA, ProBAR, and from the Lawyers
Committee as well as from other agencies. Representatives
from the Texas Office of the Attorney General briefed us on
their efforts to protect consumers and combat the unauthorized
practice of immigration law.
Paul Parsons, Chairman
State Bar of Texas Committee on Laws Relating to Immigration & Nationality
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