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Immigration Daily

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Immigration Daily August 25, 2003
Previous Issues
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Editor's Comments

Registration Deadline Is Monday, August 25th

Monday, August 25th is the deadline to register for "Immigration For The Spirit, Body, And Soul: Entertainers/Artists/Athletes, Chefs/Cooks, Religious Workers." Greg Siskind will lead a discussion on Entertainers, Athletes and Artists, joining him on the panel will be distinguished practitioners Jonathan Ginsburg (of Fettmann Tolchin & Majors) and Frieda Wong (of Wolfsdorf and Associates). Other distinguished panelists will be announced later for the panels on Cooks, Chefs and other hospitality workers (the September session) and Religious Workers (the October session). Don't delay! The deadline to register is Monday, August 25th. For more info, including detailed curriculum, speaker bios, and registration information, please see: For the fax version, please see:


Tele-Seminar on Entertainers/Artists/Athletes, Chefs/Cooks/Hospitality Workers, Religious Workers

Our new 3-part telephone seminar "Immigration For The Spirit, Body, And Soul: Entertainers/Artists/Athletes, Chefs/Cooks, Religious Workers" focuses on hot areas of immigration practice. This telephonic seminar series will feature an in-depth, cutting-edge discussion on the latest in these areas of immigration law and will provide key insights and important practice pointers. This seminar is essential to any immigration practice involved with Entertainers/Artists/Athletes, Chefs/Cooks/Hospitality Workers and/or Religious Workers. Being on the cutting edge will give you a competitive edge. You can attend our upcoming telephonic seminar "Immigration For The Spirit, Body, And Soul: Entertainers/Artists/Athletes, Chefs/Cooks, Religious Workers" from the comfort and convenience of your office (no airplane/hotel costs) and you won't lose an entire day away from your office. It is also a great training tool for your entire law firm, as everyone can listen together around a speaker-phone for only one registration fee. Greg Siskind will lead the discussion, joined by distinguished immigration attorneys for the three panels of this seminar series. Don't delay! The deadline to register is Monday, August 25th. For more info, including detailed curriculum, speaker bios, and registration information, please see: For the fax version, please see:

Featured Article

Introduction To Representing Noncitizens In Removal Proceedings: All Parts Compiled (Parts 1-5)
Michael J. Boyle offers a detailed primer on removal proceedings and other forms of relief to noncitizens.

Refugee Women At Risk: All Parts Compiled (Parts 1-4)
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

DHS News Briefing
The DHS released its News Briefing, of which we excerpt the immigration-related items.

FFOA Argument Does Not Hold For Proceedings In State Court
In Acosta v. Ashcroft, No. 01-2316 (3rd Cir. Aug. 15, 2003), the court said that because criminal proceedings against the Petitioner were dismissed in state court (as opposed to federal court), the "proceedings fell squarely within the definition of "conviction" provided in Section 101(a)(48)(A) of the INA."

Parole Argument Fails On Merits Because Alien Granted Asylum Is No Longer In Detention Proceedings
In Sesay v. INS, No. 01-4007 (2nd Cir. Aug. 20, 2003), the court noted that "an alien who had been granted asylum would no longer be in detention pending administrative proceedings because those proceedings would have been terminated, and thus the alien could not have subsequently be paroled into the US" in a case involving a Sierra Leone national who argued that the BIA erred in holding that he was ineligible for asylum as a matter of law, because the Attorney General could have circumvented the bar to entry posed by the Presidential Proclamation by granting Petitioner asylum and then immediately paroling him into the country."

Motion To Withdraw Guilty Plea Is Denied Where Immigration Related Evidence Does Not Establish Defendant's Citizenship
In US v. Vasconcelos, No. 02-1931 (1st Cir. Aug. 20, 2003), the court said that Defendant's motion to withdraw his guilty plea in the district court based on newly discovered immigration-related evidence did not establish his citizenship or any other valid defense to the charge of illegal reentry.

Failure To Address Petitioner's Well-Founded Fear Of Future Before Concluding Prima Facie Case Of Eligibility Is An Abuse Of Discretion
In Mendez-Gutierrez v. Ashcroft, No. 02-70546 (9th Cir. Aug. 20, 2003), the court said that the Board of Immigration Appeals abused its discretion when it failed to address Petitioner's claim of a well-founded fear of future persecution before concluding that he had not established a prima facie case of eligibility for asylum.

Zadvydas's Detention Provision Is An Immigration Catch-22 reports "For the past year and a half, Jose Torres should have been walking either the streets of Connecticut or the roads of the Dominican Republic. Instead, he is sitting in a jail cell in the Enfield Correctional Center, waiting for government agencies to hash out who has responsibility for him."

Immigration Attorney Pleads Guilty To Obtaining Visa Using Illegally Obtained Paper
The Morning News of Arkansas reports "A local immigration lawyer, who immigrated to this country from El Salvador as an orphaned child, pleaded guilty Monday to federal charges that he helped a woman illegally obtain papers to work in the US."

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Letters to the Editor

Dear Editor:
Like others, it is so difficult for me to write of Arthur's death, because it makes the loss real. Arthur was there at my own beginnings in refugee law and rights, and since then has been such a consistent presence and force. With many others (I dare not list for I will leave some out), he was in the leadership as the struggle for Haitian refugee rights unfolded in the late 70s and early 80s, and was a major proponent of international law, arguing that international law is relevant, part of our domestic law, in particular in the refugee field. Arthur was one of the very first to argue in court that indefinite detention of refugees was illegal under the Refugee Convention. He was one of the first in the our field to argue that international human rights treaty norms are binding, irrespective of direct, domestic incorporation. He organized a maverick pro bono program at the Lawyers Committee, which was critical to the political and judicial decision to end the first era of selective, discriminatory detention of Haitian refugees, in the early 1980s He entered every critical asylum policy debate over the past three decades and was exceptionally creative; he found and shaped the different organizational fora in which he did his work, from the Lawyers Committee to Soros to the Council on Foreign Relations. Forceful, reasoned and credible, Arthur combined advocacy and scholarship in all of his work. Arthur also was there for the individual people and cases too. I can remember my sister calling with a friend's difficult asylum case, and he intervened and helped quietly and successfully. For me, Arthur's legacy is a persistent and focused humanitarian vision for refugees. He never gave up. He just found new ways. He is a reminder to all of us that our legal and scholarly work is a complicated but hopefully in the end transformative public policy discussion, a conversation with our courts, with our politicians, with the American people, reminding them over and over again that refugees and migrants hold basic human rights, and that those rights are shared and universal.

Deborah Anker
Harvard Immigration and Refugee Clinic

Dear Editor:
In a letter to the Editor, Carl Baldwin questioned the announcement that BCIS will in future take only online entries in the diversity visa lottery. I think his letter is missing the point. In the past people have tried to enter the lottery on their own and usually ended up incorrectly filling out the paperwork, so the only reliable way to enter was to go through expensive immigration lawyers. Now anyone can enter easily if they have an online connection or you can still fill out paperwork in Africa or Asia and send it to a low cost immigration consultant who can easily enter online on your behalf. But that is really not the point, what is important is that the work of processing the millions of entries is now automated and will require almost no manual work by BCIS, freeing them up to work on all the other visa applications they process (they are trying to reduce processing times from many years down to six months). The diversity lottery is a free gift to the people of the world.

Sean Nolan

Dear Editor:
My petition for my son for his immigrant visa was approved nine years ago, and I also received a notice from National Visa Center, Portsmouth, NH informing that they will notify me when the visa number would be available. After waiting nine years for the immigrant visa, I received from them two packets containing forms to be filled out which I had already sent them two months ago (completed Affidavit of Support Form I-864 and Form DS- 230 Part I along with supporting documents as directed in their instructions). I received a return receipt from the post office stating that the above materials are already delivered to them. The Department of State's Visa Bulletin as of July 9, 2003 shows that the immigrant numbers are already available for the applicants whose priority date is January 15, 1995 for F 2B category. My priority date is December 29, 1994. But, I have not yet received any information from NVC saying that they have sent my immigrant visa file to the respective US Consulate. Isn't it unfair and unjust that after waiting patiently for nine years and availability of an immigrant visa number, applicants are not yet guaranteed when their file will be sent to the the appropriate US Consulate?

Bal Mukund

Dear Editor:
The link to the Boston Globe news story entitled, "Chinese Couple Face Child Custody And Immigration Battle" in the August 21st issue of Immigration Daily is not working. Thanks. I love Immigration Daily.


Editor's Note: Thank you for your kind words. In each issue of Immigration Daily we link to approximately two items on other sites, generally newspaper websites. While we check that the links work at the time of going to press, please be aware that we have no control over whether the link(s) we provide will continue to work for one day, one week, one month, etc...

An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Send Correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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