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Immigration Daily August 8, 2003
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Featured Article

Guest Worker Policy Win-Win Proposition For Migrants And US
Rep. Jim Kolbe (R-AZ) writes "It is common for those who are depressed with the current economic climate to wax nostalgic about the 1990s. What fails to make it into these recollections is the crucial contribution that immigrants, both legal and illegal, made in this remarkable growth period."

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Immigration Law News

DHS And DOS Suspend Transit Without Visa Program
The Department of Homeland Security and the Department of State both issued interim rules suspending the Transit Without Visa (TWOV) and the International-to-International (ITI) programs.

Federal Register Notice Of Liberia TPS Extension
The Bureau of Citizenship and Immigration Services extended the designation of Liberia under the Temporary Status Program, effective October 1, 2003, and in effect until October 1, 2004.

DHS Extends Validity Period For Form I-600A
The Department of Homeland Security issued an interim rule extending the validity period for a decision approving an Application for Advanced Processing of Orphan Petition (Form I-600A) because of delays in completing the adoption process due to public health concerns relating to the incidence of Severe Acute Respiratory Syndrome (SARS).

House Oversight Hearing On Convention Against Torture And Asylum
The House Committe on the Judiciary, Subcommittee on Immigration, Border Security, and Claims held an oversight hearing on "Immigration Relief Under the Convention Against Torture for Serious Criminals and Human Rights Violators" and received testimony from the following individuals: C. Stewart Verdery, Jr., Assistant Secretary For Border And Transportation Security Policy, Department of Homeland Security; Eli M. Rosenbaum, Director Of The Office Of Special Investigations Criminal Division, Department of Justice; Dan Stein, Executive Director, Federation for American Immigration Reform; Regina Germain, Esq., Georgetown University Law Center.

BCIS Extends Liberia TPS Designation
The Bureau of Citizenship and Immigration Services announced a one year extension for nationals of Liberia, effective thru October 1, 2004. See this link for the press statment. See this link for the FAQs.

BCIS On Method Of Handling Customer Service Requests With Pending Applications
The Bureau of Citizenship and Immigration Services released an explanation of the method used by the Customer Service Line (National Customer Service Center) on its handling of service requests from customers with pending cases.

BALCA Says Employer's Request For Review Received 69 Days After Final Determination Issued Is Untimely
In the Matter of Amy & Phillippe Heilberg, No. 2003-INA-173 (BALCA, Aug. 6, 2003), the Board Of Alien Labor Certification Appeals said that because Employer's request for review was received 69 days after the final determination was issued and beyond the 35 day rebuttal period, it was untimely. BALCA also noted that the Employer made no attempt to justify or explain its untimely filing.

Crime Of Violence Does Not Also Need To Be Aggravated Felony To Warrant 16-Level Sentencing Increase
In US v. Reyna-Breceda, No. 02-41730 (5th Cir. Aug. 6, 2003), the court said that a crime of violence need not also qualify as an an aggravated felony under 8 USC 1101(a)(43) to warrant a 16-level increase under USSG 2L1.2(b)(1)(A).

Petitioner Fails To Show Exceptional Circumstances Excusing His Noncompliance With Voluntary Departure Order
In Iwotor v. Ashcroft, No. 02-60676 (5th Cir. Aug. 6, 2003), the court said that Petitioner was statutory ineligible for adjustment of status because he had not shown exceptional circumstances that excused his failure to comply with the order of voluntary departure.

No Abuse Of Discretion Found
In Buyo v. Ashcroft, No. 03-1010 (4th Cir. Aug. 5, 2003), the court said that it reviewed the administrative record and the Board of Immigration Appeals's order and found no abuse of discretion.

Curt Review Procedure Upheld
In Mengesha v. Ashcroft, No. 02-2077 (4th Cir. Aug. 6, 2003), the court said that summary affirmance was appropriate in this case involving Petitioner's applications for asylum and withholding of removal.

Nigerian's Petition For Review Denied
In Giwa v. Ashcroft, No. 02-1637 (4th Cir. Aug. 6, 2003), the court said that substantial evidence supported the Board of Immigration Appeal's affirmance of the Immigration Judge's conclusion that Petitioner failed to establish a well-founded fear of persecution.

BIA Is Within Its Discretion To Deny Motion To Reopen Where Additional Evidence Bolsters Original Testimony
In Birke v. Ashcroft, No. 02-4249 (3rd Cir. Aug. 5, 2003), the court said that since the Board of Immigration Appeals (BIA) originally found Petitioner's petition to be meritless based on that testimony, the BIA was well within its discretion in concluding that additional, similiar affidavits did not justify the reopening of the case.

Petitioner's Statutory Right To Counsel Is Violated Where Granting Of Attorney's Motion To Withdraw Leaves No Time To Secure New Counsel
In Ignatov v. Ashcroft, No. 02-2995 (3rd Cir. Aug. 6, 2003), the court said that Petitioner's statutory right to counsel was violated when his attorney's motion to withdraw on the day of his asylum hearing was granted and he was denied a continuance to obtain new counsel because Petitioner's asylum claim had facial merit and because the assistance of counsel might have changed the outcome of his proceedings.

Virginia's "Carnal Knowledge Of A Child" Is Crime Of Violence
In US v. Pereira-Salmeron, No. 02-10071 (9th Cir. Aug. 4, 2003), the court said that "an offense constituting "sexual abuse of a minor," whether it includes, or even explicitly excludes, "force" as an element, was deemed to be a "forcible sex offense" and thus a crime of violence" for purposes of USSG 2L1.2(b)(1).

'99 Shoplifting Conviction Leads To Mother's Detention
The Boston Globe reports "Immigration officials said Borges was detained because of a recent US Supreme Court ruling that mandates the jailing of immigrants facing deportation because they have committed crimes. The ruling affects immigrants even if they have already served a sentence and are considered to pose no threat."

Tarzan Immigration Judge, Too Long On Bench
A Boston Globe op-ed writes "Immigrants in Boston are better off now that Immigration Judge Thomas Ragno has been placed on administrative leave."

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Marc Ellis, Gary Endelman

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