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Immigration Daily April 29, 2003
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Editor's Comments

Time Change For Our Chats

Effective May 1st, ILW.COM's Chats will move to a new time. The chats will start at 7pm ET instead of 8pm ET. We are making this change to make it more convenient for attorneys to attend chats from their offices. To learn about this feature of our website, please read below.

ILW.COM is a platform for the exchange of information on immigration law. One of the ways in which we facilitate this information exchange is through our "Chat With Lawyers" section. With three chats most weeks, ILW.COM holds more immigration law chats than anyone on the internet. Our chats feature an immigration attorney as the sole attraction for one hour before an audience of 100-200 people with current immigration problems. Several ILW.COM member attorneys find chatting an effective and efficient way to develop clients. Many attorneys - both veteran and new practitioners - have reported that chatting helped them learn about a broader spectrum of immigrants than typically seen by a law office, and have called it a fun and educational experience. Our chat platform is so easy to use, we no longer need any training sessions for the lawyers who are first-time chatters - if you can browse the web, you can chat. If you are unfamiliar with this exciting new communication and client-development tool, you may want to take a few minutes to attend one of our free chats, and see for yourself. Our chat calendar is at: To explore whether chat is for you, please send an email to (Only attorneys listed in ILW.COM's directory of immigration practitioners may chat. An ILW.COM immigration attorney serving as the moderator is always present during our chats.)


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Approximately 200,000 searches are made each year for immigration attorneys on ILW.COM. That's more than 400 searches per year per attorney listed in our lawyer directory. Which means that if you are listed with ILW.COM, then your listing will be searched once each day throughout the year. You need only one client a year to make a profit on your listing! We can even link your ILW.COM listing directly to your own website. For a personal discussion on listing your practice in our directory, please send an e-mail with your phone number to Alternatively, if you prefer to list yourself on-line, please click here:

Featured Article

Due Process - BIA Purged of Several Members
Maurice Belanger of the National Immigration Forum writes "With changes clearly meant to reward speed at the expense of due process, advocates feared that, when it came to reducing the size of the Board after the backlog was reduced, the decision on who would stay and who would be let go would be based on how tough the judges would be. That now seems to have happened."

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Immigration Law News

White House Speaks On 245i
During a White House press briefing, White House spokesman said, "We'll continue to work with Congress on the initiatives that are pending there. 245I still is an important matter to this President, and we will continue to work to try to make as much progress as possible on the immigration issues."

Trinidad Native's Religious Worker Immigrant Status Denied Where Husband Dies Before His Adjustment Of Status Interview
In Ali-Bocas v. Ashcroft, No. 02-2518 (3rd Cir. Apr. 24, 2003), the court said that since "Petitioner's own application for religous worker immigrant status was denied, and the Administrative Appeals Unit (AAU) dismissed her appeal, her application for adjustment of status was derivative of her husband's. Her husband, however, was ineligible for adjustment of status because he died prior to his adjustment of status interview and final agency action." In its opinion, the court discussed in detail Petitioner's equitable estoppel claim.

9th Circuit Says Ineffective Assistance Of Counsel May Constitute Exceptional Circumstances Beyond The Control Of The Alien
In Monjaraz-Munoz v. INS, No. 02-70227 (9th Cir. Apr. 28, 2003), the court held that Petitioner's failure to appear at his deportation hearing was due to his reasonable and justifiable reliance on his attorney's agent that he travel to Tijuana the day before his hearing, constituted exceptional circumstances beyond Petitioner's control. The court also said that the attorney's response to the BIA on Petitioner's complaint never denied Petitioner's specific allegations and that the court expected more from an attorney faced with such serious allegations and said that the BIA abused its discretion in failing to credit Petitioner's allegations.

Voluntary Departure Period Begins When BIA Enters Order Granting Voluntary Departure
In Zazueta-Carrillo v. Ashcroft, No. 02-70259 (9th Cir. Apr. 25, 2003), the court amended its March 13, 2003 opinion where it "held that after IIRIRA, the voluntary departure period begins when the Board of Immigration Appeals (BIA) enters its order granting voluntary departure."

9th Circuit Remands To BIA For Reconsideration In Light Of Ventura
In Chen v. INS, No. 02-70478 (9th Cir. Apr. 25, 2003), the court said that "upon reconsideration in light of the Supreme Court decision in Ventura v. INS, the court now remands to the Board of Immigration Appeals (BIA) for it to decide Petitioner's application for asylum and withholding of removal. In doing so, we stress that this court's reversal of the BIA's adverse credibility finding still stands based upon the analysis in our prior opinion [ Sept. 11, 2001]."

In Unpublished Decision, 4th Circuit Joins 1st And 11th Circuits In Its View Of Regulation Shearing BIA
In Adeniyi v. INS, No. 02-1865 (4th Cir. Apr. 25, 2003), the court cited Albathani v. INS in denying a due process challenge to the Board of Immigration Appeal's (BIA) summary affirmance procedure, AILF appeared as amicus in this case.

No Jurisdiction To Review BIA's Discretionary Decision On Exceptional And Extremely Unusual Hardship
In Romero-Torres v. Ashcroft, No. 01-71638 (9th Cir. Apr. 28, 2003), the court held that "because the Board of Immigration Appeals (BIA), acting for the Attorney General, is vested with the discretion to determine whether an alien has demonstrated the [exceptional and extremely unusual] hardship, we are without jurisdiction to review the BIA's hardship determinations under IIRIRA."

Government Treats Those Seeking Asylum With Greater Suspicion
In a Washington Post op-ed commenting on Attorney General Ashcroft's recent ruling on an asylum case says, "But for the attorney general to send the message to immigration officials that broad national security concerns should always take priority over a case's individual merits is overkill."

Special Registration Beckons Many To Room 200
The San Francisco Chronicle reports "As the formal [Special Registration] process reached its end, immigration lawyers -- who logged long days in Room 200 waiting for officers to call their clients' names, and hoping there wouldn't be additional scrutiny on the slightly more uptight eighth floor -- saw it differently."

Haitian Decision Is Troubling
The Miami Herald reports "Jailing asylum seekers for months or longer and depriving them of the chance to show, in their individual cases, that they present no risk and merit release, is unfair and inconsistent with both American values and international law, said Eleanor Acer, director of the Asylum Program at the New York-based group Lawyers Committee for Human Rights."

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Letters to the Editor

Dear Editor:
It is nice to see that although ILW.COM's commentary is clearly pro-immigration, to see some opposing views allowed in. Immigration affects us all, not just employers seeking cheap labor or attorneys seeking to line their pockets with fees. A calling to bring back loophole amnesties such as 245(i) is not only contrary to national security it rewards those that cut in line. Hopefully a future commentary will acknowledge this and be less eager to assist AILA's lobbying effort that only benefits its members, attorneys.


Dear Editor:
I recently encountered ILW.COM and saw an article that interested me. It was "part 3 of 3". The problem I had was trying to find part 1 and part 2. As a suggestion, you might update all the parts when a new part of a multipart article is published, to show links to the other parts. More work for you, but a lot easier for the reader.

Doug Edmunds, Attorney at Law

Editor's Note: Try using our advanced search engine to find the items of interest. For example, suppose you are looking for a multi-series article, for e.g. type in, "From The Beginning: Agile Immigration Advocacy For New Businesses", select articles in the dropdown box, and click search. All three articles, Part 1-3 are displayed in the search results, which appeared each Monday, beginning in the April 11, 2003 issue of Immigration Daily.

Dear Editor:
Mr. Aguiar indicated in his letter that he is concerned that by using Census data based on immigrant households and "immigrant" taxes, we are undercounting taxes paid. Actually, that's precisely the reason AILA should have provided the source of the data they presented--so that one can determine what was considered an "immigrant" for purposes of paying taxes. If married couples, at least one of whom is an immigant, file jointly, then taxes paid by "immigrants" may well include the situation Mr. Aguiar describes. But we don't know that because of AILA's unsubstantiated statement. The whole issue of the value of immigrants as determined by the taxes they pay was framed by AILA, not by me. If readers have problems with me looking at the value of immigration in terms of taxes paid, then they should also have a problem with AILA even raising the issue in the first place.

Ali Alexander

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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