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Immigration Daily August 11, 2003
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Useful Links

Immigration Daily would like to introduce you to our "useful links" page which we have recently updated. Our useful links page can be directly accessed from ILW.COM's homepage. It is organized by topic and contains links to various websites that may be of interest to both immigration attorneys and immigrants. Topics range from immigration-related subjects such as advocacy and activism organizations to information on insurance firms, travel sites, and job sites. The listings that appear on this page participate in our link exchange program. If you would like to participate in a link exchange with us, see our link exchange program.


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Featured Article

Introduction To Representing Noncitizens In Removal Proceedings: Part 4 of 5
Michael J. Boyle offers a detailed primer on removal proceedings and other forms of relief to noncitizens.

Refugee Women At Risk: Part 3 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

DHHS Seeks Applications For Technical Assistance
The Office Of Refugee Resettlement of the Department of Health and Human Services sought eligible entities to submit competitive applications for cooperative agreements to provide technical assistance to agencies that serve in seven categories of programs that assist refugees and asylees.

BICE Arrrests Large-Scale Fraudulent Document Ring
The Bureau of Immigration and Customs Enforcement (BICE) announced that they have arrested three individuals in connection with a large-scale fraudulent document ring in the Adams Morgan section of Washington D.C.

BICE Unveils Test Electronic Monitoring Program For Non-Violent Alien Offenders
The Bureau of Immigration and Customs Enforcement (BICE) unveiled a pilot program in its Florida field office that uses electronic monitoring devices, allowing individuals to remain with their family while they await to attend their immigration proceedings.

5 Immigration Judges Take Oath Of Office
The Executive Office for Immigration Review of the Department of Justice issued a press release on the swearing-in ceremony of five Immigration Judges, including their bios.

DOL Orders Dismissal In LCA Matter
In the Matters of Administrator, Wage and Hour Division v. Computech Corporation, No. 2003-LCA-3, 2003-LCA-21 (OALJ, Aug. 6, 2003), the Office of Administrative Law Judges granted the parties' request to dismiss with prejudice.

Petitioner's Motion To Reopen Is Denied Where He Fails To Explain Lapse Of Exceptional Circumstances Statutory Time Limit Is Beyond His Control
In Scorteanu v. INS, No. 01-4271 (6th Cir. Aug. 7, 2003), the court said that the Board of Immigration Appeals did not abuse its discretion in denying Petitioner's motion to reopen because his then attorney on record had admittedly received proper notice and even after having received actual notice that his attorney was disbarred and having retained different counsel, Petitioner exceeded the 180-day exceptional circumstances statutory time limit.

Philipino's "Less Than Detailed And Specific Testimony" Does Not Support Well-Founded Fear Of Persecution
In Noche v. Ashcroft, No. 02-3400 (3rd Cir. Aug. 6, 2003), the court said that Petitoner's "testimony that his mother recently urged him to stay in the US for unspecified reasons, absent any testimony or evidence that she or his family had been contacted by the [New People's Army] (NPA) or that the NPA were still looking for him, did not support his contention that he reasonably feared persecution in Manila."

CT "Illicit Trafficking In A Controlled Substance" Conviction Is Aggravated Felony
In Gousse v. Ashcroft, No. 02-4192 (2nd Cir. Aug. 6, 2003), the court said that Petitioner's conviction under Conn. Gen. Stat. 21a-277(a) constituted a conviction for "illicit traffickiing in a controlled substance" under 8 USC 1101(1)(43)(B), which was a removable "aggravated felony."

DHS Plans To Hold Competition For BCIS Customer Service Specialist Jobs of Washington D.C. reports "Homeland Security Department employees who handle benefits and other services for immigrants will have to compete for their jobs within the next 11 months, the head of the Bureau of Citizenship and Immigration Services announced in an Aug. 1 internal e-mail to staff."

California Gubernatorial Recall May Lead To An Immigrant Govenor, A First
The Sacramento Bee of California reports "More than one in four Californians, nearly 9 million of us, was born in another country. Yet this land of immigrants has never elected an immigrant as governor."

Is Outsourcing Jobs Bad For the US?
A commentary provides opposing viewpoints on whether outsourcing jobs is bad for the US economy.

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Letters to the Editor

Dear Editor:
My 27 year long INS career provided me with a window on the world for which I am very grateful. During that time and now, I long favored a breakup of INS since Enforcement was never going to willingly allow Adjudications a fair share of the resources. Thus, when "W" campaigned I was delighted to hear that he would breakup the Service, which he has done. However, if the devil is in the details, the same cast of players will somehow recreate that familiar climate of unfairness. Sadly, too many top management people from the bad old INS are still in place pretending to offer a better life for those seeking service and benefits. These characters continue to harbor wrongheaded anti-AILA and customer positions regardless of the merits. Do they even like themselves? The future cannot bring change with the usual suspects still holding the tiller. Those of us who proudly served and adjudicated with a reasonable and fair disposition can only wait. Unfortunately, millions of naturalization applicants and others must line up and take their punishment.

W.R. (Skip) Tollifson
USINS (retired)

Dear Editor:
Thanks for publishing the link about the immigration judge who was removed from his functions this week in Boston, MA. It is a clear fact that if we investigate each immigration judge working today in our immigration courts in the US, we will find some with prejudice and racism in their character. Some may argue that this is a necessary evil after 9/11, but that concerns me a great deal, because we should not gamble with human lives, when we want to be seen as a nation that care about freedom and justice for all. I hope that the Boston incident will open the door for a closer look at some immigration judges across the US, and a more in depth evaluation of their performance be done ASAP, so we can get some credibility back to our immigration justice system. I understand that after 9/11 there is some kind of "look at the other way" attitude, and the nomination of some judges after that date, clearly shows the intention of a radical approach for the immigration courts. That probably encourage the Boston judge to feel comfortable in his "absolute power" to lower his guard and show his real character in front the physician who is an American citizen with the integrity to stand against his pseudo-power to make fun of people in need of our justice system. I hope we will find those in the same line of character as we found in that Boston immigration judge and send them all home, and bring some respect and dignity back to our courts, by nominating judges with the right character.

C. Silva

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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