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Immigration Daily July 11, 2003
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Editor's Comments

Convention On Orders

For the benefit of our readers who count on us to bring you the latest case law, we would like to clarify our policy in reporting orders subsequent to opinions. Most orders in our experience appear to correct scrivener's errors; other orders cover a variety of situations. It has therefore been our policy when reporting an order subsequent to an original opinion to point out and link to the original opinion and provide a summary of the new order at the same time as repeating our summary of the original opinion. We believe that this policy provides the broad context within which a reader can best comprehend the new order. We are certainly open to considering alternative approaches suggested by our readers. We seriously review all suggestions from our readers on content, presentation, and anything else which would help us make Immigration Daily more helpful to you. Please send your suggestions to:


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Featured Article

Sexual Abuse Of Minors: Minor Acts, Major Consequences?
Elizabeth Reichard writes "Most people are not aware, however, that in addition to criminal consequences for their crimes, immigrant sex offenders face further punishmentódeportation from the US."

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Immigration Law News

BCIS Announces El Salvador TPS Will Be Extended
The Bureau of Citizenship and Immigration Services announced that Temporary Protected Status for El Salvador would be extended an additional 18-months until March 9, 2005.

DHS Press Briefing On Operation Predator
During a press briefing, Secretary Ridge responded to the question, "how can you be sure that you've fixed the problem of these guys getting out of jail and immediately being nabbed and deported?"

BALCA Says Overseeing Conference Planning Does Not Imply Actual Travel
In the Matter of Young Lite Corporation, No. 2002-INA-96 (BALCA, Jul. 3, 2003), the Board of Alien Labor Certification Appeals said that "the duties require the individual to "oversee" conference planning and travel did not imply actual travel; thus, this basis for rejection was not a lawful, job-related reason." The court also said that nowhere on the ETA-750A form or the ad was wholesale experience reflected as a minimum requirement.

Undeveloped Claims Are Abandoned
In Laroja v. Ashcroft, No. 02-1785 (4th Cir. Jul. 8, 2003), the court said that "as [Petitioner's abuse of discretion] claims [were] merely mentioned in Petitioner's brief and [were] entirely undeveloped, we find that they have been abandoned."

Guatemalan Asylum Claim Denied
In Ramos-Ortiz v. Ashcroft, No. 02-3277 (3rd Cir. Jul. 9, 2003), the court said that "the [Guatemalan] guerillas appear to have attempted to recruit Petitioner because he was an able bodied man within their reach rather than because of his ethnicity or social group membership."

Failure To File Brief After Indicating That Petitioner Would File Defeats Claim
In Singh v. Ashcroft, No. 02-2965 (3rd Cir. Jul. 9, 2003), the court said that "it is clear to us that the Board [BIA] dismissed Petitioner's appeal because he failed to comply with the rules applicable to it...Petitioner indicated on Form EOIR-26 that he would file a brief or statement but did not do so. Furthermore, the form indicated the possible consequences of a failure to file a brief or statement so he should not have been surprised at what happened when did not file either document."

Materiality Is Not An Element Of 18 USC 1015(a)
In US v. Abuagla, No. 02-4875 (4th Cir. Jul. 9, 2003), the court said that "materiality was not an element of the crime of knowingly making a false statement under oath in a naturalization proceeding under [18 USC] 1015(a)."

Democrats Launch New Citizenship Campaign To Help Create New Voter Base
The San Jose Mercury News reports " Two Democrats will host a citizenship workshop for Hispanics in what analysts say will help create a new voter base among the nation's largest minority group, just in time for next year's presidential election."

Here Comes The Bride...Again, Again, And Again
The New York Times reports "In a era when divorce and remarriage are commonplace, it might not be surprising for a city clerk to see some of the same names pop up on applications for marriage licenses from time to time. But it did strike the city clerk's office as highly unusual when it learned this year that one Manhattan woman had applied for 27 marriage licenses from 1984 to 2002, and that at least a dozen others had seemingly married in numbers that were highly suspicious."

Fox News Alleges AILA Has Ties To Terrorism
A report in Fox News says "It's baffling that a person whose early career was spent apologizing for terrorism has risen to director of a mainstream, national professional organization whose members testify on Capitol Hill. It is even more baffling that Ms. Butterfield was elected to her position by members of a profession that counts among its members many Jews, while her early career was devoted destruction of the Jewish state."

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Help Wanted - Experienced Immigration Attorney
Hale and Dorr LLP's Boston office seeks an experienced immigration attorney for its immigration law practice. The Immigration Group works within the firm to offer clients an integrated approach to employment law and other practice areas that intersect with immigration law. The successful candidate will have 8+ years of business immigration experience, including experience managing an active caseload while mentoring and supervising a team of paralegals. Excellent written and communication skills required. Please send resume in confidence to Ms. Patricia A. Porter, Lateral Hiring Coordinator, Hale and Dorr LLP, 60 State Street, Boston, MA 02109,

Position Sought: Immigration Attorney
I am an attorney in good standing in California and seek an opportunity to practice immigration law. I am willing to promptly relocate throughout the US or internationally. In Silicon Valley, I began my legal career in corporate law. I incorporated companies, drafted corporate documents, maintained corporate records and administered stock and option sales and transfers. Additionally, I clerked for a judge after law school. These experiences have been worthwhile and valuable, but my true desire is to be an immigration law attorney. I look forward to discussing the opportunity to join your law firm. I am willing to take another state's bar exam to be licensed to handle matters tangential to immigration law. If useful to the firm, I can also devote a portion of my work to small business incorporation and maintenance. My resume is available at For more information or to receive an MS word copy of my resume, contact me, Matthew Hartman, at or at 408-910-7238.

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Letters to the Editor

Dear Editor:
The following press release was submitted by the office of Rep. Norwood (R-GA).

US Representative Charlie Norwood (GA-09) today introduced a bill that addresses the growing U.S. criminal alien crisis by allowing the over 600,000 state and local law enforcement officials in the field to enforce immigration laws during the course of exercising their regular duties. The bipartisan bill, entitled the Clear Law Enforcement for criminal Alien Removal Act of 2003 (or CLEAR Act), brings clarity and coordination to our national immigration system and support and relief to the roughly 2,000 Bureau of Immigration and Customs Enforcement (BICE) agents charged with enforcing immigration laws on the books. "There are upwards of 400,000 individuals who have received final deportation orders that are hiding in our communities," said Norwood. "Their appeals have run out, and the orders tell them, 'it's time to go.' But, the out-manned Bureau of Immigration and Customs Enforcement can't find them! What's worse, 80,000 of those people have criminal convictions. They were in the hands of law enforcement, but were released back onto the streets. Can you imagine opening the doors of our prisons and letting 80,000 criminals run back into the streets? That's exactly what's happened with these 80,000 criminals" Today's broken enforcement system has left our state and local law enforcement community increasingly unclear on whether they hold the jurisdictional power to enforce our federal immigration laws. The CLEAR Act clarifies that our state and local officers have the inherent authority to arrest and detain criminal and illegal aliens during the normal course of their duty. Additionally, the bill provides these officers with the appropriate funding and training to adequately enforce the immigration laws, and full access to a new National Crime Information Center (NCIC) database containing the records of any and all violators of immigration law. The CLEAR Act also creates a new system for BICE to take custody, process, and remove illegal aliens. Additionally, it produces a system of accountability by requiring the federal government to either take custody of illegal aliens or else pay the locality to detain the aliens. "Right now if a local officer in my hometown, during the normal course of his or her duty, pulls over a car for speeding, with someone who is illegally in our country, they have to call BICE, verify their status, and wait until someone from BICE comes to pick them up," added Norwood. "Sometimes they have to wait for hours on the roadside for the pickup to arrive. But most of the time BICE says they're too busy to come by - telling the police to let the lawbreakers go. That is as wrong as the day is long and it's high time we fixed it." In addition to Norwood, original cosponsors of the CLEAR Act include US Representatives Allen Boyd (FL-02), Nathan Deal (GA-10), and Melissa Hart (PA-04). For a statement of Rep. Norwood on The CLEAR Act of 2003, please see this document. For the facts on The CLEAR Act of 2003, please see this document.

Duke Hipp
Press Secretary, Rep. Norwood (R-GA)

Dear Editor:
I'm glad to see that Mr. Randolph's letter supports my three-year proposal for employment-based green cards. I am surprised, though, to see him say that my proposal as a whole leaves the same loopholes as before. Mr. Randolph's letter indicates, for example, that there still would be problems with the calculation of prevailing wage, but this is not the case. The only part of my proposal which is similar to prevailing wage is a requirement to pay at least the median for the given occupation. Though I do not mention it in the Web page, the more detailed version of my proposal specifies that this median would be defined by the OES data, contrary to the current system's "wiggle room" available by taking the minimum value among several private surveys, etc. This is still not 100% airtight (e.g. the employer could try various job classifications), but I believe that my proposal is far less subject to loopholes, with far less bureaucracy than the present one. Also my proposal provides transparency which allows displaced American workers much greater access to discover and challenge abuses, something the present system is sorely lacking. And I must reiterate that the current problems are not enforcement issues, as Mr. Randolph claims, because as I pointed out earlier, although most employers underpay H-1Bs, they do so in compliance with current law and regulations. I'm not sure why Mr. Randolph renews his point that not all H-1Bs are in the tech area. I agreed with that earlier, and my proposal specifically states that it is aimed only at the tech area. David Murray's letter consists mostly of ad hominem attacks on my qualifications, certainly not the most convincing way to make a point. But if it will put Mr. Murray more at ease, I will state that rather than being "ivory tower" and speculative in my writings, I rely on numerous types of resources, including, yes, immigration lawyers. (Indeed, a number of them subscribe to my newsletter on H-1B/L-1 issues.) I must say it is odd, though, that in dismissing me as a non-lawyer who dares to address legal issues, Mr. Murry feels quite competent to discuss engineering issues even though he is a non-engineer. He assures readers that employers have a technical "need" for these H-1B workers, when of course he is in no position to make such an assessment, while I do have the background to evaluate this. I am baffled as to why Mr. Murray characterizes my view of H-1B as being counter to those of labor unions. On the contrary, the AFL-CIO and IEEE-USA have been complaining for years that H-1B (and more recently L-1) is badly abused, and have offered their own proposals for reform (some aspects of which appear in my proposal).

Norm Matloff

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Marc Ellis, Gary Endelman

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