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Immigration Daily September 10, 2003
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Editor's Comments


The highlights from today's Immigration Daily are as follows: The Office of Inspector General of the Department of Justice released its analysis revisiting the treatment of September 11th detainees. The 52 page report discusses the progress of each recommendation made to the DOJ and the DHS and more importantly, what has been done. We also feature no less than five help wanted ads, a BALCA decision, a Featured Article on technology for lawyers, one letter to the Editor, and five cases.


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Featured Article

Using Technology To Remain Competitive
Carol L. Schlein, Esq. provides several technology tips that law firms can implement to better attract and serve their clients.

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Immigration Law News

BALCA Says No Review Without Specific Grounds/Brief
In the Matter of The Foundation Of Human Services, No. 2003-INA-238 (BALCA, Aug. 19, 2003), the Board of Alien Labor Certification Appeals said that the request for review would be dismissed since it did not set forth any specific grounds for review nor did the Employer file a brief. The Employer in this case proceeded pro se.

OIG Releases Status Of Its Recommendations On 9/11 Detainees
The Office of the Inspector General (OIG) of the Department of Justice released its analysis of responses by the DOJ and the DHS to recommendations in its earlier report on the treatment of 9/11 detainees.

Secretary Ridge Says Travelers Will Soon Make One Stop For Inspections
The Office of the Press Secretary of the White House released remarks by DHS Secretary Ridge to the American Enterprise Institute where he said, "We're doing this through an initiative that will unify the border inspection process under one customs and border protection officer, an officer cross-trained to address all three inspection needs."

DHS Announces Unification Of Inspection Process
The Office of the Press Secretary of the White House said that the DHS announced the One Face at the Border initiative which will unify the inspection process by cross-training Customs and BorderPatrol inspectors to perform all three inspection functions.

INS Fails To Meet Its Burden Where It Makes No Challenge To Asylee's Documents
In Wang v. Ashcroft, No. 02-70486 (9th Cir. Aug. 29, 2003), the court said that there was nothing in the record to support a finding that the medical documents presented by Petitioner were not credible because the INS had presented no opposition to the introduction nor challenged the authenticity of these medical documents. The INS therefore presented no evidence to rebut Petitioner's presumption, and therefore had not met its burden.

Ukraine's Country Conditions Have Changed
In Anisovich v. Ashcroft, No. 02-4377 (3rd Cir. Sept. 9, 2003), the court said that as publishers who do diseeminate anti-Semitic materials are being prosecuted, there was no evidence that the Ukranian Government was unable or unwilling to control those groups that are committing anti-Semitic acts in Ukraine.

Arkansas's Third Degree Domestic Battery Is Crime Of Violence
In US v. Torres-Castro, No. 03-1175 (8th Cir. Sept. 9, 2003), the court said that the district court did not commit plain error because Defendant's earlier Arkansas conviction for third degree domestic battery qualified as a felony crime of violence under USSG 2L1.2(b)(1)(A)(ii).

Evidence Allegedly Ignored By BIA Not Identified
In Zapet v. Ashcroft, No. 02-60717 (5th Cir. Sept. 9, 2003), the court said that Petitioner did not identify the particular documentary evidence that he alleged the Board of Immigration Appeals did not consider, nor did he explain why the specific evidence was pivotal to his case.

Different Address On Adjustment Application Does Not Constitute Notice Of Address Change For Deportation Purposes
In Manjiyani v. INS, No. 01-70415 (9th Cir. Sept. 9, 2003), the court issued an order vacating opinion and granting a rehearing in connection with its opinion dated Apr. 11, 2003 where it found that Petitioner's filing to adjust status, employment authorization, excludability waiver in Los Angeles, unrelated to her deportation proceedings in Seattle did not provide sufficient notice to the Attorney General of her address change for deportation purposes.

Enforcement Of Computer-Coded Passport Rule Is Postponed
The New York Times reports "The Bush administration has decided to postpone enforcement of new antiterrorism regulations that had threatened to block millions of Western Europeans and citizens of other developed nations from traveling to the US unless they obtained new, computer-coded passports, senior administration officials said today."

Increased Immigration Data, Is It Increasing American's Safety?
The San Mateo Country Times reports "The government is gathering more information on immigrants and foreign visitors than ever before. But the efforts may be doing little to protect Americans, experts say."

Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info:


Help Wanted: Experienced Immigration Attorney
Blumenfeld, Kaplan & Sandweiss, P.C. (BKS), a full-service law firm in St. Louis, MO seeks an associate with 1-3 years of employment-based immigration experience. Experience with immigration issues related to physicians is a big plus. BKS offers a competitive salary and excellent benefits. Send resume + cover letter to Chris Williams, Immigration Law Practice Group, 168 North Meramec Avenue, 4th Floor, Clayton, Missouri 63105. No phone inquiries please.

Help Wanted: Experienced Immigration Paralegal
Kemp Smith LLP, founded in 1866, seeks to hire an experienced paralegal for its business, family, consular, and inspections based immigration practice located in El Paso, TX. Responsibilities include continuous professional interaction with clients, staff, and federal agencies; timely preparation of filings with the Departments of Labor, State, and Homeland Security; and case monitoring. Excellent analytical, organizational, and writing skills are required. Computer and Internet literacy is essential, while Internet research skills are ideal. Proficiency in Word, Powerpoint, and case management software are all a plus. Bachelor's degree or equivalent preferred. Fluency in a second language in either Spanish, Japanese, or German is desired. Please forward your resume to Firm Administrator via e-mail at or fax 915-546-5360.

Help Wanted: Experienced Immigration Paralegal
Goel & Associates, P.C. (G&A) , a leading business immigration law firm, seeks an experienced immigration paralegal to join its fast-paced corporate immigration practice located in Greenbelt, MD. Candidates must have at least one year of business immigration experience, ideally with H-1B, L-1, Labor Certification, and I-140/Adjustment of Status cases for clients in the high tech sector. A college degree, excellent communication and organizational skills, knowledge of PC applications, and the ability to work independently are required. We offer an outstanding work environment and an excellent compensation and benefits package, including a business-casual dress policy, health and dental insurance, 401(K), free parking, and more. To apply, please send resume, cover letter, and salary requirements to, or fax to 301-313-0445.

Experienced Immigration Attorney
Stoll, Keenon & Park, one of Kentucky's oldest and largest law firms founded in 1897, seeks an experienced business immigration attorney based either in its Lexington or Louisville, Kentucky office. Minimum 2+ years of full-time experience in preparing H-1B, L-1, E-2, TN, labor cert, I-140, and AOS applications is required. Candidate must have a stellar academic record as well as possess excellent research and writing skills. The position requires a highly organized individual who is proficient with case management software. We offer a great working environment and a competitive salary and benefits package. Email resume + cover letter to Denise Wilson, Human Resources Manager at or fax to (859) 253-1093. EOE

Help Wanted: Experienced And Entry-Level Paralegals
Greenberg Traurig, a large international law firm, has openings in its Tysons Corner office for experienced and entry-level immigration specialists/paralegals. Will train for entry-level/junior position. Both positions require a Bachelors degree; experienced position requires 3+ yrs of experience in the immigration field, with at least one year at a senior level. Strong organizational, written, computer and verbal skills are required. Excellent benefits and compensation packages offered. Send resume + cover letter, including salary requirements by either fax: 703-714-8378 or email: Please state the position, experienced or entry-level position, that you are applying for.

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Letters to the Editor

Dear Editor:
I was born in US. My husband of 4 years is a UK citizen, residing in US 16 years as an over-stayer on his British Visa/Passport. He committed a crime while visiting in Nevada in 1988, and his Passport and Visitor Visa expired by 3 months. In very brief, to satisfy his penalty for using fake tokens in a casino, he was to make restitution and show valid US ID. He ultimately falsified a birth certificate, obtained a US SSN, began working to pay restitution for his crime. He has worked steadily in this country, paid tax, repaid student loans, and married two US-born women (one ending in divorce). He perpetuated his false utterances and misrepresented his citizenship status, both serious offenses and prior bad choices.. He had otherwise never committed a crime in UK/US. He considers himself an American. He votes and in every way has been a law-abiding citizen and respected the laws of the US.. except as noted above. Six months' ago he was arrested by INS for the crime which began in 1988. We obtained criminal and INS counsel to handle these issues. Money was exchanged and the appropriate services were expected from our INS lawyer who practices daily with excellent credentials, accepts money for consultations, does not respond to email, fax, letters, telephone calls. In mid-May I traveled the distance to retain this lawyer. No retainer was forth coming to date. When the sitation seemed to be unacceptable, I timidly consulted 3 of the lawyers advertised on ILW.COM. Each of the consultations was free, the lawyers spent valuable time and provided me with more knowledge in the combined 5-6 hours than I have obtained in 6 months with a lawyer I regularly paid and thought I had hired. I have learned that my husband had a few rights including a bail hearing six months' ago. I have learned that papers and documents that are totally unfamiliar to those outside the INS legal field should have long ago been filed. My city is without immigration attorneys. I am watching my husband be deported this Tuesday to England where he was orphaned at birth, has no family, no ties, no contact in over 16 years... I consider this a suicide mission. Yet to attempt to digest Immigration Law in a short time for a layman is not only impossible but insulting to those who practice this field of law. My husband and I are in our 50's. We are not uneducated or indigent yet we are ignorant of Immigration Law. We spent 3 years attempting to correct his INS status without benefit of legal counsel but through agencies which our tax dollars helped to support. We have never run or hidden from any government agency. We want to comply with laws of this country and correct my husband's status. We have not designed or desired to be annonymous in seeking to correct a wrong-doing in a proper fashion and to endure the attached penalties. We paid for legal services, received none. Disregarding the money paid to an attorney, a man has been denied the chance to be heard in an INS Court and after 6 months of paying his price to society for false utterances against the US... we are both too emotionally and mentally bankrupt to try to fight further. Six months of strength, trust, and sanity are gone. We wanted the chance, however slim, to address our pight and possibly derive a more positive outcome. We did not even have the chance to gamble. I feel violated and victimized. I am fully able to understand the word "No, I will not provide you legal assistance"... I was not told that and indeed I was told there was help available. I foolishly and ignorantly remained passive until the 11th hour. I hope this will never happen to another person who seeks help "regardless of the outcome." We simply desired to be a lawful couple and lead the rest of our lives legally and with the blessing of the US. Our lawyer denied us the chance to know if that could ever happen. If it is acceptable, I wish to recommend and publicly praise the wisdom, knowledge, patience, and kindnesses extended to me from three lawyers who are published on ILW.COM. They were marvelous and horrified at that which has happened to my husband. For people seeking INS assistance, please do not assume that "everything will be okay". Do not be lulled into passivity. Do not assume your lawyer is working for you. Do not be embarrassed of your ignorance of strange words, questions, or the names and numbers of INS forms so that you defer asking questions and expose your ignorance -vs- demanding clarification. My greatest appreciation and respect are extended to the three attorneys, who have straight-forwardly educated me and, at the same time, have destroyed any faith I had in hope for people who genuinely seek to become legal and can afford to pay for those services.

Elise Hines
Knoxville, TN

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