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Immigration Daily June 16, 2003
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Editor's Comments

Heading To NOLA

We will be at the AILA conference next week in NOLA (New Orleans, LA). The main reason we're heading down to NOLA is to spread the word about Immigration Daily. We would like those of the attendees to the show who aren't yet in the know about our periodical, learn the advantages of a free subscription to Immigration Daily which will help them stay on top of the latest developments in immigration law. We hope our current readers will help us reach new subscribers.


The PERM Session - Curriculum For Final Session Of ""Labor"-Intensive Immigration Practice: Advanced DOL Strategies On The Eve of PERM"

The PERM Rollout: Are you and your clients ready?

Should we REALLY expect publication by "late Fall" with effective date by the end of 2003?

How will DOL Rollout PERM?

Will they offer beta testing of technology to corporate stakeholders and attorneys?

What will happen to:

Related occupations?
Schedule A (the pre-certified category)?
Business necessity?
Jobs requiring a combination of education and experience?
  • To what extent will PERM resemble RIR or an Attestation-Driven Process?
  • Will print ads still be mandatory?
  • How will PERM "audits" differ from traditional supervised-recruitment procedures?
  • How will DOL ferret out labor certification fraud?
  • How will conversion to PERM operate?
  • How does DOL plan to operate a two-track system of PERM cases and backlog reduction of RIR and standard cases in an era of "auto-remands"?
  • Should you try to pre-qualify your cases for PERM right now?
BCIS Perspectives on Labor Certification Issues:

BCIS interpretation of the Schedule A requirements,
H-1B extensions beyond Six Years: Who qualifies? Who loses?

  • Delayed labor certification adjudications and the impact of new DOJ Appropriation Act amendments to AC-21
  • Reconciling the new statutory provisions with the BCIS Headquarters April 24 memorandum
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, Finale
Marian L. Smith presents a detailed history of INS's administration of racial provisions in US immigration and nationality law since 1898. This is a compilation of the (8) articles in the series that originally appeared in each Monday's issue beginning in the April 21, 2003 issue of Immigration Daily.

Employment Options For Students, Part 2 of 4
Gregory Siskind offers a comprehensive look at employment options for students.

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Immigration Law News

DHS Issues Final Rule On Powers And Authorities Of Officers And Employees
The Department of Homeland Security (DHS) promulgated this final rule to continue the process of conforming the text of Title 8 of the Code of Federal Regulations to the governmental structures established in the Homeland Security Act (HSA) and Reorganization Plan.

Bill Seeks To Modify Requirements For Training To Operate Aircraft
During a debate in Congress, Rep. Hollings (D-SC) introduced a bill to modify the requirements regarding training to operate aircraft, including immigration related provisions.

BICE Deports 89 Undocumented Nigerians
The Bureau of Immigration and Customs Enforcement (BICE), in cooperation with the Nigerian Government, this week deported 89 Nigerian nationals who were illegally present in the US.

INS Proclaims Zero Tolerance Policy
In a memo dated March 22, 2002 INS Commissioner Ziglar states, "I would like to make it clear that disregarding field guidance or other INS policy will not be tolerated. The days of looking the other way are over." (courtesy of Angelo Paparelli)

Ghanian Fails To Establish Female Genital Mutilation Claim
In Botchway v. Ashcroft, No. 01-4301 and 02-1544 (3rd Cir. Jun. 13, 2003), the court said that the Board of Immigration Appeal's (BIA) adverse credibility finding was supported by substantial evidence and that Petitioner failed to establish a well-founded fear of female genital mutilation (FGM) if she returned to Ghana.

No Abuse Of Discretion
In Singh v. Ashcroft, No. 01-4046 (2nd Cir. Jun. 13, 2003), the court said that the Board of Immigration Appeals (BIA) did not abuse its discretion in denying Petitioner's motion to reopen.

No Apprendi Violation For Failure Of An Indictment To Charge Defendant Separately With A Prior Aggravated Felony Conviction
In US v. Moreno-Valles, No. 01-4255 (10th Cir. Jun. 12, 2003), the court said that there was no Apprendi violation for failure of an indictment to charge the Defendant separately with a prior aggravated felony conviction.

1st Circuit Rejects Notion That Country Report Must Specifically Name Petitioner To Be Useful
In Moraghy v. Ashcroft, No. 02-2606 (1st Cir. Jun. 12, 2003), the court in remanding back to the Board of Immigration Appeals (BIA) said that "while country reports may, in rare instances involving prominent dissidents, contain direct corroboration of a Petitioner's account, to demand that they do so and otherwise eschew any analysis of the evidence was clearly erroneous" in an asylum claim involving a Coptic Christian Egyptian. The court also addressed the challenge to the BIA's curt review procedure and said that summary affirmance of one flawed Immigration Judge (IJ) decision by the BIA did not rise to the level of systemic violation.

Stricter Standards To Be Applied In Identifying Suspected Terrorists
The New York Times reports "Federal authorities said today that they planned to use stricter standards for identifying and locking up terrorist suspects in light of concerns raised in a recent report that hundreds of illegal immigrants were mistreated after the Sept. 11, 2001, attacks."

BICE Requests I-9 Forms As Part Of Operation Landmark Sweep
The Chicago Tribune reports "According to [local] community representatives who recently met with immigration officials, the BICE has requested documents called I-9 forms for about 30,000 workers locally. The sweep, known as Operation Landmark, has resulted in the arrests of several undocumented immigrants who worked at the Sears Tower."

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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 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.

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Letters to the Editor

Dear Editor:
Although I have been aware of a debate between immigration lawyer Greg Siskind and extremist Rob Sanchez, it was not until I read the letter to the Editor written by Lori Diana Rosenberg that I actually went back and read the Immigration Daily editorial of which she speaks and the interchange between Mr. Siskind and a Mr. Sanchez that peaked my interest. Like Ms. Rosenberg I am busy battling at my own windmills and often do not have enough time to delve into matters of philosophical debate, although I try once and a while, and thank Immigration Daily for providing an open forum for the expression of individual views on immigration matters. I was intrigued by the concise logic and heartfelt outrage Ms. Rosenberg exhibited in her letter toward Mr. Sanchez's "ad hominem attacks based on hate, anti-Semitism, anti-immigration, and animosity ... As the English in Parliament say, I too say to her, 'hear, hear' although I do not share her criticism of Immigration Daily's editorial. Upon reading the exchange between Mr. Siskind and Mr. Sanchez I was shocked and disturbed by the degree of hatred a fellow American can heap upon his fellow citizen, the wrath and venom personally directed toward Mr. Siskind by Mr. Sanchez because of Mr. Siskind's chosen profession and ethnicity is inexcusable. I thought Mr. Siskind's rebuttal was professional and to the point. And to Mr. Siskind , I also say, hear, hear. I hope the readers of Immigration Daily are intelligent enough to spot a hate-monger hiding in the woodpile out behind the barn, regardless of their views on immigration.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
The following press release was submitted by Lawyers Committee For Human Rights.

The Justice Department has announced that it will take some important steps to better protect the civil liberties of immigrants who are swept up in future anti-terrorism investigations, but more changes need to be implemented to ensure that immigrants’ fundamental human rights are not violated, the Lawyers Committee warned today. "The changes the department has said that it is willing to implement ought to help address some of the abuses which took place in the sweeps after September 11, but they fall well short of doing what needs to be done to ensure that immigrants can not be held without charge indefinitely," said Elisa Massimino, Director of the Washington, D.C. office of the Lawyers Committee for Human Rights. A report released last week by the department’s inspector general, Glenn Fine, found that of the 762 illegal immigrants arrested after Sept. 11 few had connections to terrorism, but that many were held for months in harsh conditions and often without access to lawyers. Some held in detention were subjected to physical and verbal abuse, the report also said. Reports suggest that the Justice Department will implement changes to ensure that immigrants are not abused while they are detained. The Department may also take steps to speed up the release process for immigrants who have been detained and then cleared of any connection to terrorism. But even if these changes are implemented, the Lawyers Committee cautioned that the Department has yet to address a key finding of the inspector general’s report: that the Department failed to promptly charge detained immigrants and inform them of the charges against them. After September 11, the Justice Department has became over-dependent on "custody procedure" regulations which allow the detention of immigrants – regardless of whether they have been designated as a "suspected terrorist" – without charge beyond 48 hours for a "reasonable period" in the event of "emergency" or other "extraordinary circumstances." Congress debated this issue in the context of its consideration of the Patriot Act, concluding that detainees formally certified as "suspected terrorists" must be charged or released within seven days of their detention. But so far the Justice Department has avoided the constraints of the Patriot Act. "If Attorney General Ashcroft is truly interested in respecting the rights of immigrants it detains, this over-reliance on emergency powers the department has granted itself has to be reigned in," said Massimino.

Heidi Altman
Lawyers Committee For Human Rights

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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