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Immigration Daily August 4, 2003
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Editor's Comments

Activity In Summertime

Ordinarily, summertime sees precious little happening in Congress, whether on immigration or otherwise. This summer appears to be different. Congress just passed into law the Administration's negotiated agreements with Singapore and Chile, both of which affect H visas, reducing by about 10% the total number of Hs available to other countries. With the cap set to reduce to just 65,000 in less than 2 months, the additional reduction due to the Chile/Singapore agreements may mean that the H cap may be hit just a few months after October. We understand that similar agreements may be in the works with Australia and Morocco, and the impact on the H visa certainly bears watching. On another front, there has been a flurry of activity on L visas on the Hill, with a hearing concluded in the last week of July. Further developments on the L visa, leading to various forms of restrictions on their use, may well be in the offing. Immigration Daily will continue to cover Hs, Ls, and all immigration-related developments on the Hill.


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Featured Article

Introduction To Representing Noncitizens In Removal Proceedings: Part 3 of 5
Michael J. Boyle offers a detailed primer on removal proceedings and other forms of relief to noncitizens.

Refugee Women At Risk: Part 2 of 4
Eleanor Acer et al. of the Lawyers Committee for Human Rights describe how recent US laws have undermined the ability of refugee women to obtain asylum.

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Immigration Law News

BCIS's Office Of Business Liaison Issues Several Documents On Form I-9
The Office of Business Liaison (OBL) of the BCIS released information on Form I-9, including Form I-9 general information, information on the Office of Business Liaison, and information on the I-9 process in a nutshell.

DOJ Clarifies Immigration Related Provision Of USA Patriot Act
Director of Public Affairs Comstock of the Department of Justice released a press statement where she said, "Section 215 can only be used in a narrow set of investigations: (1) to obtain foreign intelligence information about people who are neither American citizens nor lawful permanent residents; and (2) to defend the US against foreign spies or international terrorists. Section 215 cannot be used to investigate garden-variety crimes, or even domestic terrorism."

OALJ Grants Request To Withdraw In H2A Matter
In the Matter of Shared Abundance Farm, No. 2003-TLC-8 (OALJ, Apr. 11, 2003), the Office of Administrative Law Judges granted the Employer's request to withdraw its request for adminstrative review.

White House Speaks On Transit Without Visa Program
During a press briefing, White House spokesman McClellan responded to a question on the transit without visa program.

Nigerian's Petition For Review Of Asylum Claim Denied
In Disu v. Ashcroft, No. 02-2680 (1st Cir. Jul. 31, 2003), the court denied Petitioner's petition for review and said that "accepting Petitioner's testimony at face value, he was a low-level volunteer in a political organization who did nothing to assume a prominent role in opposition to the government. For the most part, Petitioner lived his life free even of harassment."

Employment Concerns Do Not Amount To Well-Founded Fear Of Persecution
In Kharkhan v. Ashcroft, No. 02-2177 (7th Cir. Jul. 31, 2003), the court amended its original opinion dated Jul. 16, 2003, where it said that "her concerns that removal to the Urkraine would limit her employment prospects and expose her to the dangers of an uncontrolled criminal element, however justified as reasons for desiring to remain here, do not amount to a well-founded fear of persecution on the basis of any of the protected grounds."

Ineffective Assistance Of Counsel Claim Does Not Prejudice Petitioner Because No Plausible Grounds For Relief Available
In Rojas-Garcia v. Ashcroft, No. 02-35788 (9th Cir. Jul. 29, 2003), the court said that "because there were no "plausible grounds for relief" available to Petitioner at the time of his appeal to the Board of Immigration Appeals, we hold that Petitioner was not prejudiced as to voluntary departure relief by the ineffective assistance of his counsel.

Chile And Singapore Trade Agreements Approved, New Era Of International Trade
The Washington Post reports "The US Senate approved free trade pacts with Chile and Singapore on Thursday, giving both nations the final congressional go-ahead and ushering in what Bush administration officials hope will be a new era in trade negotiations."

Emailing Offensive Joke Mocking Immigrants Leads To Arkansas Official's Resignation
The Times Record of Fort Smith, Arkansas reports "A racially charged e-mail sent to his employees has forced the resignation of Fort Smith native W.R. "Bud" Harper, the state's Office of Emergency Management director."

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Help Wanted: Experienced Immigration Paralegal
Experienced immigration paralegal sought for Atlanta office of Baker Donelson Bearman Caldwell & Berkowitz, P.C., a 320 lawyer firm with offices in 9 cities in the southeastern US and Washington, D.C. Work as member of immigration practice group, consisting of 4 lawyers. Use technology as a means to deliver legal service and manage cases with lots of client contact under supervision of experienced, leading immigration attorneys. Ideal candidate employs best practices for client satisfaction. Requires detail oriented, highly organized individual with bachelor's degree and clear verbal and written skills. Foreign language fluency a plus, but not required. Salary dependent on experience. Respond to Blake Chisam, Esq. at with your cover letter + resume.

Help Wanted: Experienced Immigration Attorney
Are you passionate about helping others? Do you find solving complicated puzzles satisfying? Are you an expert in Immigration Law? If yes, Microsoft has an opportunity for you in its Redmond, Washington corporate headquarters. Exercise your extensive immigration knowledge, and help others secure legal work authorization in the US. You will work on a full range of nonimmigrant business visas, labor certifications, and other business related immigration matters. Leverage your strong organizational skills to manage a high volume of cases. Apply your excellent writing and communication skills to achieve successful results. Requirements: 6+ years of high volume immigration experience. BA/BS and JD required. Experience managing legal staff and proficiency with Microsoft technology a plus. Microsoft offers a competitive salary, excellent benefits and casual workplace environment. Please submit your cover letter + resume in Word format to: Please indicate job code N145-57518 in the subject line. Microsoft is an equal opportunity employer and supports workforce diversity.

Help Wanted: Senior Paralegal/Client Service Manager
Fragomen, Del Rey, Bernsen & Loewy (FDBL) seeks to hire an experienced paralegal/client service manager for its Washington D.C. office. FDBL offers a dual role encompassing a wide range of skills in a fast-paced setting for the right candidate. Our ideal candidate possesses excellent interpersonal skills, can serve as a team resource, and will have the benefit of attorney supervision and guidance. Responsibilities include: Managing a team of 4 legal/admin staff; Monitoring a large NIV volume caseload; Supervising casework to ensure consistent quality and timely completion; Liaising with corporate clients regarding case processing; Delegating client requests to appropriate staff; Reviewing petitions prepared by legal staff or client for attorney review; Preparing responses to multiple complex requests for evidence; Prepare petitions as necessary; Running reports for team and client; Monitoring and preparing billing reports; Training new staff as necessary. FDBL offers a comprehensive compensation package. Fax/email your resume + cover letter to Allison Bettridge, Office Manager at 202-371-2898 or: For additional information, please contact Ms. Bettridge at: 202-223-5515. FDBL is an equal opportunity employer.

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Letters to the Editor

Dear Editor:
Is this a joke or a hoax? Immigration attorneys can find answers regarding the status of cases without using this new service. What about cases which may have fallen into the 'cracks'? Can they find them? Will this lower the volume of requests to Service Center liaison attorneys? Will they be able to answer the question of why it takes 4-6 months to adjudicate Advance Parole petitions, when all that is required is the form and the I-485 receipt, photos and the fee. Can they tell us when the backlog of I-485 cases will be reduced, in the same manner as the Citizenship 'blitz'? In a few months there will be the answer "Please go to the FAQ section before submitting your question."


Dear Editor:
In response to your Editor's Comments, I sent them 2 inquiries. 1 inquiry had receipt numbers... they referred me to their website. The second inquiry did not have receipt numbers, for an I-90 that had been filed in 2000 at the local office... Their response was to check in the website. It appears that the responses are automatic computer action responses and don't have human intervention.

Name Not Provided

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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