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Immigration Daily July 18, 2003
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Editor's Comments

Adjusting Thinking About Adjusting Status

Seasoned and novice practices alike often underestimate the complexity and importance of the Adjustment of Status process today. Post-IIRIRA, there has been gradual but fundamental change in this process. Learning the pitfalls in Adjustment of Status will improve your legal strategy, and benefit your business and family clients. Those who have heard Ron Klasko speak on immigration law know that it is time well spent. Joining him is Tammy Fox-Isicoff, who is an accomplished lawyer, and an energetic and dynamic speaker. The seminar is offered by phone, so law offices around the country can participate. Don't miss this opportunity. July 21st is the deadline to sign up for our seminar on Adjustment of Status. For more info, including detailed curriculum, speaker bios, and registration information, please see: For the fax version, please see:


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Featured Article

Go as Far as You Can: How Negotiated Rulemaking in Immigration Benefits America: Part 2 of 2
Gary Endelman writes "When we look at negotiated rulemaking from this vantage point, the question becomes not whether America can afford to make "reg neg" the basis of the way it regulates immigration, but whether it can afford not to."

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Immigration Law News

EOIR Announces Latest Disciplinary Actions
The Executive Office for Immigration Review (EOIR) issued a press release announcing its disciplinary action against two attorneys after charging them with violations of the rules of professional conduct for immigration practitioners.

BALCA Not Bound By CO's Prior Decision Involving The Same US Worker
In the Matter of Cativelos Construction, Inc., No. 2003-INA-149 (BALCA, Jul. 14, 2003), the Board of Alien Labor Certification Appeals said that "contrary to Employer's assertion, however, this Board is not bound by prior decisions of a Certifying Officer, regardless of which portion of the prior finding is similiar to the case at hand." In this case the Employer rejected a US worker who had also been rejected in an identical case for which the CO had granted certification.

DOS Says US Supports Legal Migration From Haiti
During testimony Before the Senate Foreign Relations Committee, Marc Grossman, Under Secretary of State for Political Affairs said, "And we support legal migration from Haiti: approximately 15,000 immigrant visas are issued to Haitians every year."

H-1 Provisions In Singapore Free Trade Agreement
The Office of the US Trade Representative of the Executive Office of the President released the final text of the Chile Free Trade Agreement which included immigration-related provisions, particularly for H-1 visas. This document excerpts only the chapter titled "Temporary Entry for Business Persons."

H-1 Provisions In Chile Free Trade Agreement
The Office of the US Trade Representative of the Executive Office of the President released the final text of the Chile Free Trade Agreement which included immigration-related provisions, particularly for H-1 visas. This document excerpts only the chapter titled "Temporary Entry for Business Persons."

Stateless Palestinian's Petition For Review Denied
In Ahmed v. Ashcroft, No. 02-3315 (3rd Cir. Jul. 16, 2003), the court said that "it appears that the disadvantages [Petitioner] faces in Saudi Arabia apply not just to Palestinians but more broadly to all foreigners, who are also denied Saudi citizenship." The court also said that "stateless alone does not warrant asylum" and said that it was unwilling to consider Saudi Arabia's treatment of stateless Palestinians as persecution. The court further noted that the challenge to the BIA's curt review procedure was currently pending before the 3rd Circuit en banc.

Texas Child Endangerment Is An Aggravated Felony
In US v. Calderon-Pena, No. 02-20331 (5th Cir. Jul. 17, 2003), the court said that "Defendant's child endangerment convictions therefore have as an element at least the attempted use of physical force, if not the use of physical force itself. Accordingly, his predicate offenses satisfy the [USSG] 2L1.2 definition of crime of violence and support the sentencing enhancement."

BIA Errs When It Fails To Address Petitioner's Waiver Request
In Garay-Mendoza v. Ashcroft, No. 02-2840, 03-1347 (3rd Cir. Jul. 11, 2003), the court said that the Board of Immigration Appeals erred in refusing to review the denial of Petitioner's request for a hardship waiver of the requirement to jointly file with his spouse for removal of his conditional status because his request for the waiver and the INS's denial were both in the record before the Immigration Judge (IJ), and because the question whether the wavier was properly denied was clearly addressed by the IJ. The court also issued an order amending its opinion.

National Migration Conference Tackles Migration Issues
The Catholic News Service of Washington D.C. reports "Frank Sharry, director of the National Immigration Forum reminded the audience that "people have been moving since the beginning of history. And they're not going to stop because some people in Washington write some laws."

Autistic Child Unable To Speak Oath And Denied Naturalization, Gets A Second Chance
The Charlotte Observer of North Carolina reports "A Cary teen who was denied becoming a US citizen because he is autistic and could not speak the oath may soon be sworn in, thanks to new federal immigration guidelines designed for people who cannot speak because of a disability."

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Letters to the Editor

Dear Editor:
In clarification of my last letter, perhaps most readers don't know who bawdy, foul-mouthed comedian Lenny Bruce was, nor do they remember the landmark freedom of speech case he won, defeating my Constitutional Law professor, who was then the Assistant District Attorney in San Francisco who prosecuted the case. The truly sad thing about this push for a large scale employment of Mexicans in the US is that it may fulfill a prophesy of President Vicente Fox of Mexico, who is quoted to having said, "How do you eat an elephant? . . . One bite at a time." He was referring, of course, to the relationship between Mexico and the US. Believe it or not, the largest export from the US to Mexico is US currency, exported by Mexicans in the US sending it to their poverty-stricken relatives, it is the backbone of the stability of much of rural Mexico, and soon the demographics of California will put Hispanics in the majority, and in political power, providing even more money to the impoverished of Mexico. But at the same time, those dollars are not being spent for goods and services in the United States. That's a scary thought. One only needs to go back to the Treaty of Guadalupe Hidalgo and its breaches by the US government, the most egregious concerning ownership of land in the South West, mainly California, and then understand that there is an extremely militant Mexican contingent on both sides of the border, who, like some Southerners in the USA who are still figuratively fighting the American Civil War, continue to begrudge America's inexcusable breaches of that treaty, and intend to do something about it. We must realize that there is more to this Mexican immigration issue than just immigration - there is jealousy, militancy, hatred and a hidden agenda. It is about the mouse consuming the elephant. And that is sad, because everyone suffers.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
It is nice that Mr. Murray's letter agrees with me that "unskilled Mexican workers should be allowed access to this country". They should be allowed controlled access in proportion to to the jobs that need fulfillment. I do not believe in open borders so I disagree with Mr. Murray's letter on that point. Mr Murray and myself are in agreement that laws that do not work should be abolished, but there could be a difference sometimes between laws that do not work and laws that he does not like.

Richard E. Baer

Dear Editor:
There would be little disagreement with Richard Baer's 7/16 quotation of the Pres. Bush comment of matching a "willing employer and a willing worker" if it were primarily confined to US citizens. As this open quote has no such qualification, the current flood of legal and illegal "migrant"/invaders is problematic. This is the same President whose administration has just announced a whopping $455 billion deficit including almost $5 billion per month in Iraq and is also running an annual trade deficit of about $500 billion. To this can be added an estimated $44 trillion dollars in unfunded US obligations or about 1/2 million per family and private debt of another 1/4 million per family. Is there a relationship between uncontrolled spending and immigration? Enormous pressure is introduced by such excess upon governments, business and individuals to reduce costs, thus the attraction of cheap labor which brings a myriad of new problems. The same "law of supply and demand" mentioned in the NIF press release of 7/16 with too many dollars chasing relatively fixed goods and services causes all prices to rise. Reform is needed as NIF states, but not the legalization of the present foreign invasion that they and other open immigration advocates have in mind. Reduced government spending at all levels would greatly reduce the present myopic fix of cheap labor at the overall detriment of the taxpayer and society. Pres. Bush, et al, have discovered that similar to his Texas ranch, he has more money left to spend if cheap labor sources are used, but he is not the owner of America, only the CEO manager (Do we have another Enron here?) with a fiduciary duty to citizens, not to indulge himself, his administration or non-citizens. See: U.S.C. Title 8, Section 1103 (1-5) [and] Mr. Baer's analogy of Prohibition to Mexican's violating our borders is flawed not only because of the more serious nature of the offense, but the entirely different situation of non-citizens usurping our sovereignty, some of whom have ulterior motives of an Aztlan takeover. Once again, it is a limited and controlled immigration policy that provides the most benefits with the least problems. In closing, I am aware that David Murray has contributed much to this forum and subject, but so also has Norm Matloff.

R.L. Ranger

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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