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Immigration Daily

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Immigration Daily April 16, 2003
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Editor's Comments

"Intending Citizen"

Today's Immigration Daily features several items of interest. Attorney Greg Siskind writes about an Administrative Appeals Office decision on a J-1 Physician matter; an administrative decision we carry today is a DOL denial of an H-2A application where the work to be performed was in states within two different DOL Regions; a DOS notice on the lifting of visa restrictions to Belarus; 3 cases, classifieds and letters to the Editor. Perhaps the most interesting item today is an amendment to the EEO rules at the Federal Reserve System wherein the Fed states "Employment in sensitive positions. The Board shall not hire any person to a sensitive position unless such person is a citizen of the United States or, if a noncitizen, is an intending citizen." In the good old days, it used to be that the only major distinction between a permanent resident and a citizen was that one could vote where the other could not. Post-IIRIRA, the legal distinctions between these two groups have been multiplying. The Fed's rule is just one more step along that path. Immigration attorneys' argot, already well-stocked, will now have to expand to include the newly defined term "intending citizen."


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Featured Article

AAO Rules For Doctor In J-1 Case
Gregory Siskind writes "Recently, however, the INS/BCIS issued a decision addressing when a physician's changing employers meets the 'extenuating circumstances' test. And in this case, the physician was successful."

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Immigration Law News

EOIR Issues Technical Correction To Barahona Class Action Notice
The Department of Justice Executive Office for Immigration Review issued a technical correction to its class action judgment in Barahona-Gomez v. Ashcroft notice.

Federal Reserve System Adopts Rule That Prohibits Hiring Of Noncitizens For Sensitive Positions
The Board of Governors of the Federal Reserve System (the Board) has adopted a final rule that amends its "Rules Regarding Equal Opportunity", which establishes programs and procedures to promote equal opportunity for Board employees, including immigration-related provisions.

DOL Denies Multi-Regional H-2A Application
In the Matter of D&E Farms, Inc. No. 2003-TLC-4 (OALJ, Apr. 14, 2003), the Office of Administrative Law Judges in its expedited review said that since a portion of the work described within the temporary alien agricultural labor application was located within Employment and Training (ETA) Region III, Employer's application was not certifiable on the ground that it was not submitted to the Regional Administrator for ETA Region III. The Employer had applied within ETA Region II since the initial work was to be performed under its jurisidiction.

Belarus Visa Restrictions Lifted
The Department of State issued a press statement stating that the "US has decided in tandem with fourteen member countries of the European Union to rescind visa restrictions relating to Belarus."

Standing Mute When Represented By Competent Counsel On Alternative Country Waives Due Process Claim
In Desta v. Ashcroft, No. 01-9530 (10th Cir. Apr. 11, 2003), the court said that it found no abuse of discretion in the Board of Immigration Appeal's (BIA) finding that Petitioners were firmly resettled in Canada and no violation of Petitioner's procedural due process rights when Petitioners chose to stand mute on the matter of an alternative to Ethiopia as the country of deportation."

USSG 2L2.1(b)(2)(C) Enhancement Upheld
In US v. Garcia-Vergara, No. 02-4418 (4th Cir. Apr. 14, 2003), the court said that the district court did not err in overruling Defendant's objections to application of the enhancement under USSG 2L2.1(b)(2)(C) since she could have reasonably foreseen that a hundred or more fraudulent documents were produced.

Different Address On Adjustment Application Does Not Constitute Notice Of Address Change For Deportation Purposes
In Manjiyani v. INS, No. 01-70415 (9th Cir. Apr. 11, 2003), the court found that Petitioner's filing to adjust status, employment authorization, excludability waiver in Los Angeles, unrelated to her deportation proceedings in Seattle did not provide sufficient notice to the Attorney General of her address change for deportation purposes.

Patriot Act Highlight Of Open Forum Discussion
The Pennslyvania Doylestown Patriot reports "Several provisions of the Patriot Act are susceptible to the Sunset Rule, which means that they may be reviewed by Congress four years after an act was passed into law. Most of the ones that Weinglass and Kairys cited as being the most invasive, however, are not eligible."

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Letters to the Editor

Dear Editor:
Thank you for the very high quality Editor's comment today on the Ventura case, due process, and the possibility of a backlash by the federal courts against the DOJ steamroller. ILW.COM's Immigration Daily has become one of the strongest two or three voices on US immigration law.

Bruce A. Hake
Damascus, Maryland

Dear Editor:
The following press statement was released by American Immigration Lawyers Association.

Continue to Pay More in Taxes than They Use in Benefits; Business Owned by Immigrants Pay Additional $30 Billion in Taxes
Showing once again how much immigration contributes greatly to America's economy and financial well-being, millions of immigrants to the United States joined the men and women of their adopted county and fulfilled their obligation to their new home by paying more than an estimated $130 billion dollars in taxes this year. Over the course of their lifetimes spent in the United States, immigrants and their families will pay thousands more in taxes than they will receive in benefits from the government. In addition, businesses owned by immigrants will pay more than an estimated $30 billion dollars in taxes this April 15th. Their overall impact on the economy is even greater, thanks to the tax revenue generated by their employees. This tax revenue that immigrants generate is crucial for the survival of America's entitlement programs. As Federal Reserve Chairman Alan Greenspan noted at a February 27th hearing of the Senate Special Committee on Aging, immigration helps fill in the gaps in funding for entitlement programs created by America's aging population. "[The aging population] makes our Social Security and Medicare programs unsustainable in the long run, short of a major increase in immigration rates, a dramatic acceleration in productivity growth beyond historical experience, a significant increase in the age of eligibility for benefits, or the use of general revenues to fund benefits." "Many people for some reason don't know that immigrants pay taxes. Well, they pay taxes, lots of taxes," said AILA President Jack Pinnix. "Immigrants have helped make this country the best and the brightest by creating jobs, revitalizing neighborhoods, and as the data above shows, paying taxes. We can continue to count on immigrants to help strengthen our economy," concluded Mr. Pinnix. For more information about immigration's contributions to American life or for more information about the American Immigration Lawyers Association, please contact Judy Golub at (202) 216-2403 or via e-mail at

Dane Vandenberg, On behalf of AILA

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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