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Immigration Daily June 9, 2003
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Editor's Comments

May's Top Five

The May numbers are in. The most popular articles for the month of May were:

  1. BCIS Telephone Customer Service by Gregory Siskind
  2. The Difficulties Immigrants Face in the Post-9/11 World by Christine Flowers
  3. The Perils Of Pragmatism: Outsourcing, Not The Cap, Is What America Should Fear by Gary Endelman
  4. Immigration Update Spring 2003 by Cyrus D. Mehta
  5. Day One: E-filing at the BCIS by Robert C. Meltzer


Curriculum For "Creme de la Creme: Extraordinary, Outstanding, Multinational and Exceptional"

The following is the curriculum for ILW.COM's new seminar "Creme de la Creme: Extraordinary, Outstanding, Multinational and Exceptional"

FIRST Phone Session on June 30: Multinational Executives/Managers (EB-1-3)

  • Basic regulatory criteria and proofs
  • Distinguishing features between EB-1-3 and L-1A categories
  • Advantages of EB-1-3 category
  • Claim for a small company executive/manager
  • Current trend and difficulties

SECOND Phone Session on July 10: EB-1-2 And NIW

Outstanding Researcher/Professor (EB-1-2)

  • Basic regulatory criteria and proofs
  • Distinguishing features between EB-1-1 and EB-1-2
  • Advantages of EB-1-2 category
  • Offer of permanent employment - blind spot
  • Current trend and difficulties

National Interest Waiver (EB-2)

  • No regulatory criteria
  • AAU decision in NY Department of Transportation
  • Labor Certification issue - How to demonstrate that benefits of alien's work outweighs the national interest inherent in the labor certification requirement
  • Advantages and Difficulties
  • Current decisional trend

THIRD Phone Session on August 28: Alien of Extraordinary Abilities (EB-1-1)

  • Basic regulatory criteria and proofs
  • Advantages of EB-1-1 category.
  • Alien must continue to work in same field - How to establish such intent?
  • Public charge issue - What different proofs can be shown to overcome this concern?
  • Current trend and difficulties

In addition to the specific curriculum above, general points covered in this series will include: Letters of reference: How many and from where? - Regulatory criteria: The Number Game - Alien's young age should not be a deterrent - Responding to RFE - Practical suggestions: Alien's lawful or unlawful status in U.S.

For more info on this phone seminar series, including detailed curriculum, speaker bios, and registration information, please see: For the fax version, please see:

Featured Article

Race, Nationality, and Reality: INS Administration of Racial Provisions in US Immigration and Nationality Law Since 1898, Part 8 of 8
Marian L. Smith writes "Congress became aware of the problems associated with the vague phrase "Western Hemisphere" and in July 1946 amended Section 303 to read "persons who are descendants of races indigenous to the continents of North or South America or adjacent islands."

Employment Options For Students, Part 1 of 4
Gregory Siskind offers a comprehensive look at employment options for students.

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Immigration Law News

Two Assistant Chief Immigration Judges + One Immigration Judge Take Oath Of Office In Arlington, Virginia
The Executive Office for Immigration Review of the Department of Justice issued a press release stating that Daniel Echavarren and Anne J. Greer were sworn in today as Assistant Chief Immigration Judges and Paul W. Schmidt was sworn in today as an Immigration Judge, joining the ranks of more than 200 Immigration Judges located in 52 Immigration Courts throughout the nation.

Nigerian's Appeal Remanded To District Court Based On Intervening Case Law
In Bankole v. INS, No. 02-2587 (2nd Cir. Jun. 5, 2003), the court vacated and remanded to the district court to consider Petitioner's Convention Against Torture (CAT) arguments in light of intervening case law.

BIA Did Not Err In Employing Curt Review Where BIA's Collective Judgment Would Have Different Result
In Sunwar v. Ashcroft, No. 02-9536 (10th Cir. Jun. 5, 2003), the court said that "this case did not present a situation in which the collective judgment of the Board of Immigration Appeals (BIA), as opposed to the review of one member, might well have resulted in a different assessment. Thus, we cannot say the BIA erred in employing the streamlining regulation."

District Court Abuses Its Discretion In Departing Downward For Family Circumstances That Are Not Extraordinary
In US v. Ortiz, No. 02-1475 (2nd Cir. Jun. 5, 2003), the court said that while the fact that Defendant faced deportation did not foreclose the downward departure, the circumstances of Defendant's family were not extraordinary and that the district court abused its discretion in departing downward for family circumstances.

No Abuse Of Discretion Where Continuance Denied Due to Counsel's Flagrant Violation
In Ponce-Leiva v. Ashcroft, No. 01-3900 (3rd Cir. Jun. 5, 2003), the court found that the Immigration Judge's (IJ) denial of the Petitioner's counsel's continuance request did not violate Petitioner's right to counsel or constitute an abuse of discretion, and therefore, Petitioner was not denied the right to counsel when his attorney did not appear. The court also said that "[counsel's] last-minute letter requesting a continuance and his failure to secure alternate counsel were plainly inadequate."

Deported Alien Does Not Have To Enter US Illegally To Satisfy "Found In" Clause Of 8 USC 1326(a)(2)
In US v. Pina-Jaime, No. 01-50063 (9th Cir. Jun. 6, 2003), the court said that "a previously deported alien who was paroled into the US for a specified term of which he was aware incurred criminal liability under the "found in" clause of 8 USC 1326(a)(2) if he voluntarily chose to remain in this country after the term of his parole had terminated."

California Bar Seeks Disbarment Of 3 Attorneys
The San Francisco Chronicle reports "Three Beverly Hills [CA] attorneys face disbarment for allegedly shaking down thousands of immigrant-owned businesses for settlements in exchange for dropping consumer protection lawsuits, officials said. Authorities said they targeted businesses run by immigrants and threatened to report them to immigration officials if they didn't settle."

Johns Hopkins Student Facing Deportation Is Allowed Time To Retain Attorney
The Baltimore Sun reports "The student body president at the Johns Hopkins School of Advanced International Studies in Washington, a Pakistani engineer who is facing deportation, will be allowed to remain in the United States until at least mid-July."

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Immigration Software - Case Management System
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Help Wanted - Experienced Immigration Attorneys
Are you looking to join a fast-paced, dynamic and friendly team that provides first-rate immigration legal services to global businesses and individuals? Paparelli & Partners LLP, a leading immigration law firm with an established national practice, has immediate openings for two experienced Immigration Lawyers to work at its office in Irvine, California. If you have what it takes, you will work with multinational companies and high-achiever individuals to perform the full range of immigration legal services for employment-based and family-based immigration clients. You will use computer software extensively (research databases, Internet, MS Word, MS Outlook, Excel, ProLaw, Power Point, etc.), and become immersed in cutting-edge immigration law issues. Please contact us if you are a multi-talented multi-tasker, detail oriented, express yourself well in person and on paper, work well as part of a team, love challenges, are willing to work hard, have a spotless ethical record and character, are admitted to practice law in California or another state and have up to three years of U.S. immigration law experience. One of the two positions requires reasonable fluency in Japanese. If you'd like to pursue this exciting opportunity, fax or email your resume + cover letter to Chris McCoy at 949-955-5599 or e-mail her at For background, see our web site: No phone calls please.

Law Practice For Sale
Are you a well-established mid-sized/large reputable immigration law firm? Do you want to take your practice to the next level? Does the idea of expanding your practice to more than one city stop you in your tracks? Then, read further - this may be opportunity knocking at your door. A highly regarded mid-sized employment-based immigration boutique in a major metropolitan city is for sale, with $1M+ gross revenues and a 12+ staff of lawyers and paralegals. Firm has a good reputation and excellent client service practices. Health reasons are causing Principal to retire in a few years. Principal would like to stay on as rain-maker over a mutually agreed transition period. Interested law firms should send inquiries to All correspondence will be treated as strictly confidential.

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Letters to the Editor

Dear Editor:
In his last letter to the editor, Dr. Richard E. Baer states that "245(i) in and of itself will not resolve the immigration problem." I wholeheartedly agree; it will "resolve" nothing, but it will provide many people fairness, or at least the appearance of fairness. Why do these people, lawbreakers, deserve to be treated fairly? Simply because this is the United States of America, land of the brave and the free. Although not perfect, founded under the principles of fairness and all things good. Let us not waiver from those principles, but let us unitedly strengthen them for the good of the country. Presently, the American immigration system gives false hope to many and frustration to a few, but benefits many. However, the immigration system, both law and procedure, is antiquated and broken and needs to be replaced, not repaired; replaced with no-nonsense, non-political logic, not just an overhaul of a broken system with "thumb-in-the-dike" patches, as has occurred periodically since the last replacement in 1956, in a much different time. Dr. Baer goes on to say, "It would be only a partial solution." Again, I wholeheartedly agree. It will be a partial solution, because it will treat those who will benefit under it fairly and give them a chance to receive the same benefits as others who met the all too short deadline for filing provided by the Clinton Administration, while at the same time not addressing or resolving the real problems with our present immigration system that fosters scoff-laws and penalizes many law abiders. Dr. Baer further says, "Those who propose it are doing so to garner American-Hispanic votes." Again, I wholeheartedly agree, and lament that politics is the prime motivating factor of the Bush Administration, rather than fairness and true concern - a fact borne out by the all too obvious lack of an administration-backed comprehensive repair solution at a time when the party of the administration is the party of power in both the House and the Senate - a good time for sweeping reform. And finally, Dr. Baer says, "What is needed is complete immigration reform.", a subject I mentioned in my last letter to the Editor, and again, I wholeheartedly agree with Dr. Baer. If all factions, pro and contra, who are concerned with immigration issues, would work together to pressure the US government, our government, "Of the people, for the people, and by the people.", to make significant changes to important, and now generations-old issues such as healthcare, social security, and yes, immigration, we as a people might find a common ground toward progress. However, no progress will be achieved through divisive criticism, misdirected in Immigration Daily letters to the Editor toward undeserving parties. Or, as the Republicans so coyly coined to atone their sins during the Watergate scandal of the Nixon Administration, "Business as usual." United we stand, divided we fall, and if the people of the United States of America do not soon unite, the present trends in politics will assure a fall and "Business as usual" will continue to be the norm in the US, all to our detriment. And that is a fact.

David D. Murray, Esq.
Newport Beach, CA

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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