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Immigration Daily August 6, 2003
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Editor's Comments

Various Items

Today's issue of Immigration Daily has many items of interest. Written testimony from several individuals before the Senate Subcommittee on whether to obliterate the L visa as we know it appears, we reproduce the full texts in the item below. A Boston Globe news article reports that an Immigration Judge was placed on administrative leave after complaints were received that the IJ allegedly made Tarzan jokes to the Petitioner during her asylum hearing. We also have an H2A decision, an EOIR decision, several cases and news items, and last but not least, classifieds. Please scroll down to the item of interest to you, and click for the original documents.


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Featured Article

DHS Issues Final Regulations On Non-Immigrant Health Care Workers
Gregory Siskind writes "The Department of Homeland Security has issued long-awaited final regulations governing health care workers on non-immigrant visas."

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Immigration Law News

DOS Seeks Comments
The Department of State sought comments on Form DS-3032, choice of address and agent for immigrant visa applicants.

DHHS Seeks Comments
The Administration for Children and Families of the Department of Health and Human Services sought comments on the proposed information collection for ORR-11, Refugee State-of-Origin-Report.

Testimony On Bill To Obliterate L Visa
The Senate Committee on the Judiciary Subcommittee on Immigration and Border Security held a hearing on "The L1 Visa and American Interests in the 21st Century Global Economy" and received testimony from the following individuals: Ms. Patricia Fluno, Former Siemens Technologies employee, Siemens; Mr. Michael Gildea, Executive Director, Professional Employees Section, AFL-CIO; Beth R. Verman, President, Systems Staffing Group, Inc. on behalf of National Association of Computer Consultant Businesses (NACCB); Daryl R. Buffenstein, Global Personnel Alliance; Austin Fragomen, Managing Partner, Fragomen, Del Rey, Bernsen & Loewy, PC; Stephen Yale-Loehr, Adjunct Professor of Law, Cornell Law School.

Defendant's Violation Of Protection Order Results In Mandatory Bar To Discretionary Relief
In re R-S-H- et al., Respondents, 23 I&N, Dec. 629 (BIA, Aug. 4, 2003), the Board of Immigration Appeals said that the Defendant was disqualified from discretionary relief, except for bond, because a protective order issued by the Immigration Judge was violated by disclosure of protected information to unauthorized persons.

DOL Orders Dismissal In H-2A Matter
In the Matter of Global Horizons Manpower, No. 2003-TLC-9 (OALJ, Aug. 11, 2003), the Office of Administrative Law Judges granted the Employer's request to withdraw its appeal.

Petition For Review Denied
In Lemi v. Ashcroft, No. 02-3163 (8th Cir. Aug. 5, 2003), the court said that the Board of Immigration Appeal's (BIA) decision was supported by substantial evidence.

Guatemalan's Asylum Claim Denied
In Vargas-Lopez v. Ashcroft, No. 02-3061 (8th Cir. Aug. 5, 2003), the court said that that there was no evidence that the guerilla forces recruited him because of his family's history of providing support to the guerillas, and no evidence the guerillas imputed any particular political opinion to him.

Deportable Alien's Indefinite Detention Is Reasonable
In Quintero v. BICE, No. 03-30353 (5th Cir. Aug. 4, 2003), the court said that there were no time limits on the detention of excluded aliens who had been denied entry.

IJ's Error Of Law And Consequent Failure To Exercise His Discretion Warrant Remand
In Drax v. Reno, No. 02-2047 (2nd Cir. Aug. 4, 2003), the court said that "the Immigraton Judge's error of law with respect to the retroactivity of AEDPA 440(d), and his consequent failure to exercise his discretion to determine whether to facilitate such relief, warrant the reopening of [Petitioner's] deportation proceedings." The court noted the district courts' lack of time and resources and commended both the district court and Immigration Judge.

Immigration Judge Placed On Leave For Alleged Quip
The Boston Globe reports "A Boston immigration judge was placed on administrative leave yesterday after complaints that he made jokes about Tarzan to a woman who said she had been raped and tortured in her native Uganda."

Crossing The Border Is A Life-Or-Death Proposition
U.S. News & World Report writes "Wayne Cornelius, director of the Center for US-Mexican Studies at the University of California-San Diego, has called the border enforcement policy "the clearest . . . and most systematic violation of human rights occurring on US soil today."

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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.

Books - 8 CFR, Includes 2003 BCIS Changes
We are pleased to announce that the latest edition of the Immigration & Nationality Act (INA) is now available. This reference tool is invaluable while writing to the INS about a RFE or preparing a petition. Attorneys have been using the exhaustive topic indices in the 8 CFR Plus and The Whole ACT - INA (Annotated) to do just that for years. Whether you are a seasoned practitioner or a less experienced attorney entering the immigration law field, these books are a must-have. For information on our various publications, see here. (A Supplement is provided Free of cost updating the 8 CFR Plus as of June 1, 2003. All BCIS related changes have been included in this Supplement as well as a complete index to ALL 8 CFR Sections updated as of June 1, 2003.)

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Letters to the Editor

None today.

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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