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Immigration Daily

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Immigration Daily May 6, 2003
Previous Issues
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Editor's Comments

Lory Rosenberg, CSPA, TPS, Etc.

Today's issue of Immigration Daily has many items of interest. Lory Rosenberg writes about immigration consequences of criminal convictions, TPS has been extended for Honduras and Nicaragua, INS provides additional clarification on the Child Status Protection Act, and there are several cases, letters to the Editor and no less than three Help Wanted classifed advertisements. Please scroll down to find the items of interest to you, and click on the links to get the original material.


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Featured Article

Preventative Lawyering: How Defense Counsel Can Defend Immigrants' Rights
Lory Diana Rosenberg writes "It is imperative that criminal defense counsel understand the fundamental laws governing the immigration consequences of convictions."

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Immigration Law News

TPS Extended For Nicaragua And Honduras
BCIS extended the designation of Nicaragua and Honduras under the temporary protected status program for 18 months until January 5, 2005.

DOT Issues Interim Final Rule On Hazardous Materials With Immigration Related Provisions
The Department of Transportation issued an interim final rule on the hazardous materials regulations a requirement that shippers and transporters of certain hazardous materials comply with Federal security regulations that apply to motor carrier and vessel transportation, including immigration-related provisions.

INS Provides Additional Guidance On Child Status Protection Act
The Executive Associate Commissioner of the Office of Field Operations at the INS released a memo providing additional guidance to INS officers concerning the amendments made to the INA by the Child Status Protection Act (CSPA).

9th Circuit Holds Retroactive Application Of Matter of Izuumi To EB-5 Program Is Impermissible
In Chang v. US, No. 01-56266 (9th Cir. Apr. 29, 2003), the court held that the rejection by the INS of immigrant investor I-829 petitions based on Matter of Izuumi was a violation of the right to fair notice, and held that the government's contention that I-829 approval proceeds ab initio and without reliance on the I-526 approval was not sustainable.

No Denial Of Due Process For Petitioner, Divorcee, Twice Asylum Seeker
In Awad v. Ashcroft, No. 02-1744 (7th Cir. May. 2, 2003), the court said that Petitioner's "Tactical choices [involving two applications for asylum and a decision against applying for asylum a third time] ultimately turned out to be fruitless cannot be imputed on the INS as a denial of due process."

BIA's Denial Of Motion To Reopen Was Not An Abuse Of Discretion
In Moges v. Ashcroft, No. 02-1900 (4th Cir. May. 2, 2003), the court said that the Board of Immigration Appeal's (BIA) denial of the motion to reopen was not an abuse of discretion.

No Abuse Of Discretion Found
In Gatshetshiladze v. INS, No. 02-1859 (4th Cir. May. 1, 2003), the court said that the Board of Immigration Appeals (BIA) did not abuse its discretion in denying Petitioner's motion to reopen his application for asylum.

Petitioner Failed To Establish Eligibility For Asylum
In Gao v. INS, No. 02-1859 (4th Cir. May. 1, 2003), the court said that the record supported the Immigration Judge's conclusion that Petitioners failed to establish their eligibility for asylum.

Iowa Identity Theft Is Aggravated Felony
In US v. Mejia-Barba, No. 02-3216 (8th Cir. May. 5, 2003), the court affirmed the district court's determination that Defendant's prior Iowa conviction for identity theft qualified as an aggravated felony under 8 USC 1101 (a)(43).

10-Year Bar Language Intended By Congress
In Cervantes-Ascencio v. INS, No. 02-4147 (2nd Cir. May. 1, 2003), the court issued errata for its prior opinion dated Apr. 7, 2003 where it said that the omission of "long-term aliens" from Subpart II of 8 USC 1182(a)(9)(b)(i) was presumed to be intentional and that the statutory language, if clear on its face, ended the court's analysis.

Connecticut 3rd Degree Intentional Assault Is Not Crime Of Violence
In Chrzanoski v. Ashcroft, No. 02-2531 (2nd Cir. May. 1, 2003), the court said that because "The INS premised its authority to order Petitioner removed on its determination that [Connecticut] intentional assault in the third degree was a crime of violence under 16(a), it committed legal error, and the petition for a writ of habeas corpus should have been granted."

COA Denied Where Issues Were Not Raised In District Court
In US v.Chavarria-Ahumada, No. 02-2263 (10th Cir. May. 2, 2003), the court said that Defendant's request for a certificate of appealablility (COA) was denied because none of the issues presented in his application for a COA were raised in the district court and because his plea agreement contained a waiver of his right to collaterally challenge his conviction.

Experts Doubt Biometrics Can Handle Border Security Problems
The Baltimore Sun reports "James L. Wayman, a math professor and biometrics authority at San Jose State University, says he doubts biometrics can handle the workload at the nation's borders. Every year, he noted, there are roughly 1 billion border crossings, which would require roughly six times the number of annual searches conducted on the FBI's fingerprint system -- by far the nation's largest existing biometric database."

Is Your Name Osama? of San Francisco, CA reports that name profiling is creating problems for those American who have similiar names with those on various lists of suspected terrorists, money launderers, and narcotraffickers maintained by the US Treasury's Office of Foreign Asset Control (OFAC).

2nd Circuit Narrows Violent Crime Definition
The New York Law Journal reports "The 2nd US Circuit Court of Appeals has issued two decisions clarifying the standards for removal of non-citizens for crimes of violence, both going against the US Department of Justice."

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Help Wanted: Government Relations Manager
Aiesec United States, Inc. is a non-profit organization that coordinates paid international internships for college-aged students in 85 member countries. The Government Relations manager position is based in New York, NY and will be responsible for issuing and maintaining all paperwork required to issue the J-1 training visa for incoming exchange participants. This position requires ensuring J-1 regulatory compliance for its central administrative office and 40 additional locations comprised of student volunteers for more than 1000 exchange visitors. Train volunteers on all aspects of J-1 compliance at national conferences. Maintain regular contact with the Department of State, related government agencies and lobbying organizations in Washington DC. Experience issuing the J-1 training visa + managing visa compliance is required. Bachelor's degree and a high level of organizational skills are essential. Experience as a J-1 Responsible Officer or Alternate Responsible Officer in a similar exchange program is preferred. Applicant must be a US citizen. E-mail resume and cover letter to

Help Wanted - Experienced Paralegal
The Boston office of Hale and Dorr LLP is seeking an experienced Immigration Paralegal. Principal duties will include the preparation of employment-related immigration filings including all non-immigrant employment petitions (e.g., E-1, E-2, H-1B, L-1, O-1 etc.), labor certification and permanent residency applications, foreign residency requirement waiver applications and J-1 practical training program applications. Candidates must have a bachelors degree, 6-10 years of related experience (large firm or boutique experience preferred) and advanced writing, research and technology skills (IRISPro desired). We offer a competitive salary and generous fringe benefits package. Send cover letter and resume to:

Help Wanted - Experienced Paralegals
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

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

Dear Editor:
In this great pro-immigration and anti-immigration debate we seem to lose sight of an important issue. The two camps seem to be divided between those who argue that immigration laws should be upheld and all illegal immigrants deported, and those who think that it is essential for the US economy as a whole to ignore the problem and allow this important pool of low-cost labor to remain available to employers. I want to offer a different perspective: of course I believe that laws should be upheld. However, I do believe that in order to be upheld the law should be just and have a moral or social justification that allows a majority of its subjects to abide by it not only for fear of reprisal but also because they either agree with its provisions or with its justification. After all, if every law should be upheld, there would be no justification for the Boston Tea Party and the ensuing American Revolution. I practice immigration law and, almost on a daily basis, I deal with American business owners that must face incredible hurdles to bring labor from abroad. I must explain them that, even if no willing and able US workers can be recruited, they must wait upwards of two years to get a Labor Certification from the Department of Labor and then another year to get the I-140 processed by BCIS. This to the average US business owner is shocking and close to immoral. These businesses employ hundreds of US workers and pay taxes just as everyone else. However, they must add to the set of hurdles every business is facing a dysfunctional set of laws and regulation that sometimes threatens their very survival. I strongly believe that a stable, functioning democracy cannot be based on absurd disservices to the very citizens the government is supposed to serve. If laws are to be upheld, they must provide for an effective way to be administered. I have no problem with the concept that a position, be it temporary or permanent, should be offered to the pool of US labor before being offered to a foreign worker. I do have a problem with the Department of Labor and the BCIS rendering the concept meaningless and frustrating. I do not have a problem with the concept that a person should not be allowed in the country until the proper visa can be issued. But I do resent being forced to explain to the would-be immigrant with relatives in the US that he must either go back and wait seven to ten years or live here as an illegal alien and hope in a revival of 245(i) of which he cannot take advantage if he chooses to abide by the law and returns to his home country. I believe the immigration problem is deeper than a simple matter of enforcement. I think that immigration laws should be coherent, morally justifiable, and administered efficiently. And then, and only then, society at large will be served by their enforcement.

Giuseppe (Joe) Scagliarini, Esq.
Newport, RI

Dear Editor:
Congratulations on your 4 year anniversary. I am pleased to have you folks around to balance the scale against any radicalism in the land of the free and the home of the brave. As you said before, Spanish immigrants are an asset to our country. Regarding Hispanics in the military: I love to see those that suffer any kind oppression to succeed and overcome the evil expectations against them, and our beloved America is the best place for them to be vindicated because our country was born for the freedom of the oppressed from any kind of tyranny.

M. Schwartz

Dear Editor:
Let me the echo the quote I read on ILW.COM some time ago, "there is nothing more permanent than Temporary Protected Status (TPS)." Here we go again with Honduras and Nicaragua. Also, I just read that some former Dept. of State employees were charged with fraudulently selling visas. Add this to the rip-off artist immigration attorneys Kooritzky and Lopera and one really has to question the integrity of the entire immigration system and its players. Do we really want to add to this nightmare by giving amnesty to illegal aliens so more will follow? Have the rules of the game been thrown out so that only those that commit violations gain? Let's hope not.


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Editorial Advisory Board
Marc Ellis, Gary Endelman

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