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Immigration Daily May 2, 2003
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Editor's Comments

4th Year In Publication!

With this issue, Immigration Daily begins its fourth year of publication. We would like to thank all our readers - it is your loyalty and support that has helped us come this far. We are a small but committed team of 6 people. We expect to continue to grow and improve this publication and our website for many, many years to come. Immigration law and policy are important issues of our time. By facilitating the flow of information in the immigration law community, we believe we help many people whose lives are touched by immigration. We have grown to 11,500+ subscribers, thanks only to continued word-of-mouth publicity from all our readers. With your continued support, bigger milestones lie ahead.


200,000 Attorney Searches Per Year!

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

An Immigration Roundup
Jose Latour discusses several immigration-related items on his mind.

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Immigration Law News

EOIR Statistical 2002 Yearbook Says BIA completions Increased by 49% Between FY 01' And FY 02'
The Executive Office of Immigration Review (EOIR) released its 2002 Statistical Yearbook and which is intended to provide an introduction to the types of immigration matters processed by EOIR on a daily basis. For example, six nationalities were among the top ten nationalities granted asylum each year during the five-year period: China, India, Russia, Albania, Somalia, and Haiti.

New Statistical Yearbook Section Says 573,708 Persons Naturalized In FY 02'
The INS released the Naturalization Section (12 pps.) of its 2002 Statistical Yearbook Section which presents information on the number and characteristics of persons who naturalize in the US.

DOL Says Employer Owes Back Wages During INS Processing Delay
In the Matter of Rajan, v. International Business Solutions, Ltd., No. 2003-LCA-00012 (OALJ, Apr. 30, 2003), the Office of Administrative Law Judges said that the Employer was liable to pay back wages for the period when it had issued a letter to the INS relating to its intention to terminate the employee relationship, and the date when the INS actually revoked the H-1B petition.

BIA Errs In Overlooking China's Family Planning Policy Evidence And Birth Of Additional Children
In Cai v. Ashcroft, No. 02-1928 (3rd Cir. Apr. 29, 2003), the court said that in denying [Petitioner's] motion to reconsider, the Board of Immigration Appeals (BIA) failed to adequately to consider the births of her youngest two children [out of four children] in the US as well as additional materials relating to China's family planning policies.

No Reversible Error Found
In Parada v. INS, No. 97-2725 (4th Cir. Apr. 28, 2003), the court said that it found no reversible error in the Immigration Judge's deportation order and denial of Petitioner's adjustment of status.

Somalian Ineligible For Asylum When He Is Firmly Resettled In Canada
In Guled v. INS, No. 03-1171 (4th Cir. Apr. 28, 2003), the court said that firm resettlement bar applied here since Petitioner was firmly resettled in Canada and was thus ineligible for asylum.

Asylum Application Is Without Merit
In Tadesse v. INS, No. 02-1833 (4th Cir. Apr. 28, 2003), the court said that the Board of Immigration Appeals (BIA) properly upheld the Immigration Judge's denial of the motion to reopen and that this petition was without merit.

St. Cyr Holds Open Whether 106(c) Applies In Habeas Proceeding
In Beharry v. Ashcroft, No. 02-2171 (2nd Cir. May. 1, 2003), the court held that because "Petitioner failed to exhaust administrative remedies, neither the district court nor this Court has subject matter jurisdiction to consider his claim for 212(h) relief." The court noted that "in light of the Supreme Court's holding in St. Cyr, it is potentially an open question whether the exhaustion requirement of INA Section 106(c) applies in a habeas proceeding."

Mexicans Fear Data Sold To US Immigration Authorities Used To Identify Undocumented Immigrants
The Austin American-Statesman reports "The data sales [of private Mexican citizens] caused a storm of criticism in Mexico, where many feared that corrupt politicians had sold voter rolls to U.S. agencies, who in turn used them to identify illegal immigrants."

Rep. Smith (R-TX) Confuses Badly Needed Immigrant Workers With Terrorists
The National Review carries an op-ed piece by Rep. Smith (R-TX) which says, "The dangers posed by porous borders and illegal immigration are not going away. The longer we wait to enforce all immigration laws, the worse the situation becomes, and that's not good for Americans' security. "

Immigrants Face Delays In Obtaining Work Authorization
New York Newsday reports "In recent months, the line of immigrants that typically forms outside 26 Federal Plaza [in NY] each workday has started much earlier and grown much longer - swollen by people trying to get the documents that allow them to work in the US."

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Greenberg Traurig, an international law firm with more than 800 attorneys, has openings in its Tysons Corner office for senior immigration specialists/paralegals. Must have significant experience in non-immigrant work-related visas, including Es, H-1Bs and L-1s, as well as Labor Certifications and EB-1s. Experience with consular processing is essential. Must be a college graduate and possess 4+ years of business-related immigration experience, including 1+ year at a senior level. Spanish is preferred but not required. Strong organizational, written, computer and verbal skills, along with the ability to work with minimum supervision, are required. Excellent benefits and compensation package offered. Please send resume and salary history by fax 703-714-8378 or email

Books - 2003 Edition 8 CFR Plus And INA
We are pleased to announce that the latest edition of the Immigration & Nationality Act (INA) is now available. This reference tool is invaluable while writing to the INS about a RFE or preparing a petition. Attorneys have been using the exhaustive topic indices in the 8 CFR Plus and The Whole ACT - INA (Annotated) to do just that for years. Whether you are a seasoned practitioner or a less experienced attorney entering the immigration law field, these books are a must-have. Not satisfied with your purchase? We offer a money-back, no questions asked, guarantee. For information on our various publications, please see this link.

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Letters to the Editor

Dear Editor:
I just glanced through the provisions of the proposed Student Adjustment Act of 2003. While the provisions of the Bill are laudatory and seek to give the permanent resident status to students who meet threshold requirements, I feel it should also include: 1. Those who legally entered US before the age of 21 years; 2. Enrolled as Students in an accredited Institution/s and graduated from the Institution/s, and 3. Have been employed by a US organization (OPT/H1B), all the while maintaining legal status, and 4. Have completed five years of continuous residency in the US. I am aware of a number of individuals of this description who are awaiting labor certification or adjustment processes. Depriving these individuals and asking them to go through the labor certification/immigrant visa/adjustment of status processes when other students are sought to be covered by the Dream Act waiving these requirements would appear to be discriminatory. I am sure this was a consideration that was overlooked by the sponsors and AILA should begin a campaign to set this matter right and put it in perspective.

Name Not Provided

Dear Editor:
While I'm not surprised that the US has granted political asylum to Mohamed Al Rahaief, the Iraqi who facilitated the rescue of Jessica Lynch, allegedly at great personal risk, I feel compelled to point out that it is still a subversion of asylum law. Asylum is here bestowed as a reward for political correctness and valor, rather than as a benefit to an individual who meets the statutory criteria. Mr. Al Rahaeif cannot have demonstrated a well-founded fear of persecution by the government of Iraq because there is no longer a government of Iraq. Likewise, he cannot have shown a well-founded fear of persecution by a group or groups that the government is unable or unwilling to control - because once again, there is no government, and we have been led to believe the US military is in control. Furthermore, his humanitarian act of saving a young woman from her brutal captors would have to impute to him the political opinion of being pro-U.S. and anti Saddam, but since Saddam is gone and the U.S. has "liberated" Iraq, who then would his persecutors be? Under the present conditions of anarchy and bedlam, many Iraqis could claim fear of persecution by a virtually unrestrained opposition political faction, but it remains to be seen how many of them will be given refugee status. Most of all, though, I want to know if the female, Christian, Iraqi exile, Katrin Michael, will be given asylum as well. Ms. Michael was reportedly placed in deportation proceedings one week after being summoned to the White House to give testimony of her horrific persecution under Saddam, which included being gassed as a member of the Kurdish guerrillas. According to the article, her deportability resulted from the denial of a 1998 asylum claim, but if half of the story is true, she qualified for asylum based on several of the accepted grounds: religion, gender and political opinion. If her claim was discredited, then why was she suddenly credible enough to give testimony at the White House to help Bush win support for the war? Mr. Al Rahaief is the token asylee, much like the one Iraqi boy, who lost his arms in an explosion, was flown to Kuwait and given the best medical care money can buy, was the poster child for U.S. benevolence. I am sure that hundreds of Iraqi children lost their parents and their limbs as a result of the US invasion- what of them? Perhaps there is no political leverage to be gained by showcasing Ms. Michael if the goal is to play to worldwide Muslim public opinion, largely male-dominated. P.S. I don't disapprove of Mr. Al Rahaief's grant of asylum. I only wish for a more consistently humanitarian and less "political" approach to asylum. But I suppose they don't call it "political asylum" for nothing.


Dear Editor:
In response to Mr. Murray's letter, I suppose he is going to tell me that the repeated lobbying that lawyers and groups like AILA do to get 245(i) type amnesties renewed is to help deserving immigrants? It is a conundrum though that the same effort is not put forth by these groups to help secure our borders or to streamline the process for those that have always played by the rules. As far as a suggestion to improve the immigration system, let's start with not breaking the law upon entry and being deported when you do.


Dear Editor:
The following press released was released by the Lutheran Immigration and Refugee Service.

Lutheran Immigration and Refugee Service (LIRS) today welcomed the State Department's decision to provide a level of administrative support for LIRS affiliate agencies in fiscal year 2003 based on actual expenditures last year. This continues the State Department's administrative support for LIRS's network of 27 affiliates across the country begun in January 2002. For the rest of the press release see this link.

Meg Arenberg, President's Office Assistant
Lutheran Immigration and Refugee Service

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Marc Ellis, Gary Endelman

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