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Immigration Daily April 28, 2003
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Editor's Comments

E-Filing Comes To BCIS May 29th!

Today's issue carries several items of interest. Susan K. Wehrer and Angelo A. Paparelli conclude their 3-part series on Immigration Advocacy for new businesses and we continue the (former) INS's historian's series on Race and Immigration. Perhaps most exciting is the news from BCIS that online "e-filing" for some immigration benefits will be possible from May 29th, truly a step toward the future. We also have a couple of items on US-Mexico border matters, an H2A decision, several cases and news items, and last but not least, a Letter to the Editor. Please scroll down to the item of interest to you, and click for the original documents.


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Featured Article

From The Beginning: Agile Immigration Advocacy For New Businesses: Part 3 of 3
Susan K. Wehrer and Angelo A. Paparelli write "By advising companies from the outset, and for the duration, on the immigration consequences of various business decisions, practitioners can at least rest assured that immigration concerns are not an afterthought, but are instead an integral part of new companies' overall development strategy."

Race, Nationality, and Reality: INS Administration of Racial Provisions in US Immigration and Nationality Law Since 1898, Part 2 of 8
Marian L. Smith writes "It was the lack of uniformity among naturalization courts and procedure, and the fraud it bred, that underlay Congress's establishment of the US Naturalization Service by the Basic Naturalization Act of 1906 (34 Stat. 596)."

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Immigration Law News

BCIS Allows Immigrants To Apply Online For Immigration Benefits
The Bureau of Citizenship and Immigration Services (BCIS) in a press release announced today beginning May 29th, it plans to offer electronic filing (e-filing) as an option for two of the most commonly submitted immigration forms - the application used to renew or replace a "green card" (Form I-90) and the application for Employment Authorization (Form I-765).

E-Filing and other BCIS Services Online Fact Sheet
The Bureau of Citizenship and Immigration Services (BCIS) in its fact sheet stated "BCIS plans to expand the E-filing initiative to cover all BCIS forms over the next few years."

DHS Assesses Progress Achieved On US-Mexico Border Partnership
The Department of Homeland Security issued a press release on the progress achieved on Border Partnership accord over the past year.

Secretary Ridge Says Great Progress Has Been Achieved By Border Partnership
In remarks on the US-Mexico Border Partnership, Secretary Ridge said, "We envision a border that is open for business, secure for the flow of people, and closed to organized crime and terrorism."

DOL Orders Dismissal In H2A Matter
In the Matter of Gonzalez v. Department of Labor, No. 2002-TLC-0005, 2002-TLC-0006, 2002-TLC-0007 (OALJ, Apr. 24, 2003), the Office of Administrative Law Judges ordered that the cases be dismissed without prejudice because the parties failed to show cause as to why the cases should not be dismissed for failure to submit the consent decree, and failed to provide any statements regarding issues that remained to be adjudicated.

No Well-Founded Fear Of Persecution
In Tzada v. INS, No. 02-1870 (4th Cir. Apr. 24, 2003), the court said that it found no error in the Board of Immigration Appeals's (BIA) and Immigration Judge's conclusion that Petitioner failed to establish a well-founded fear of persecution.

Chinese Fishmonger's Rent Dispute Does Not Support Political Asylum Claim
In He v. Ashcroft, No. 02-3057 (3rd Cir. Apr. 25, 2003), the court in denying the petition for review said that Petitioner offered no evidence that his refusal to pay the increased rent to a Chinese market for his fish shop stemmed from his political views, nor any evidence that the market agents viewed his refusal to pay rent as a political stance.

State Prisoner Serving An Indeterminate Life Sentence By Virtue Of His Being Under A Final Order Of Removal Is In INS Custody For Purposes of 28 USC 2241
In Simmonds v. INS, No. 02-2135 (2nd Cir. Apr. 21, 2003), the court found that Petitioner, a state prisoner serving an indeterminate life sentence, was in INS custody for purposes of 28 USC 2241 but found that for reasons of prudence his claim was not ripe.

Immigrant Is Released On Judge's Orders After Being Held In Custody For 99 Days By BICE
The Wyoming Star Tribune reports "A federal judge ordered the release of a man held by federal immigration authorities for 99 days without charges."

AILA Says Government Is Sending Conflicting Message By Punishing Those Who Adhere To Special Registration Requirements
The Wichita Eagle of Kansas reports "As of April 18, more than 129,000 people had registered under the [Special Registration] program, said [BICE] bureau spokeswoman Lori Haley. Of those, 2,310 have been detained and 9,888 have been given notice to appear for immigration proceedings."

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Letters to the Editor

Dear Editor:
A couple of days ago, Mr. Alexander stated that the Census data (stating that immigrants are 20% of the US population) was for households in which at least one head of the household was an immigrant. I was puzzled by this statement, because it seems to say that if one head of a household is an immigrant, the whole household would be considered to be immigrant. It would seem then than in the case of an American native married to an immigrant, counting the American native as an "immigrant" would inflate the number of actual, real immigrants. Would the taxes paid by this American citizen be part of the AILA figures of taxes paid by immigrants? If they weren't, the tax figures might have been understated. Mr. Alexander also referred to the responsibility of parents to support their children. Just for the record, I would like to say that parents in Ecuador do have this duty. However, as far as I know it is not part of it the duty to pay a fair share of taxes, but I cannot certify this since I am not an Ecuadorian attorney. I studied law in the US and I am an attorney in the state of Oregon. I passed the bar exam last year, and I remember studying both Federal Income Tax and Oregon's Family Law. I don't remember any reference to the paying of taxes as part of a parent's duty to support his or her children, but the proposition does not strike me as wrong per se. It might be the case, although it would seem that they are two different types of duties, derived from different types of legal relationships, and with different purposes.

Juan Aguiar

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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