Immigration Floods Federal Courts
Immigration to the US is one of the biggest stories of our time, and Immigration Daily is proud to cover it. As a result of its increasing importance, immigration has occupied a front-row position in national politics since IIRIRA. And now, thanks to Attorney General Ashcroft's "reforms" of the BIA, immigration threatens to take over the federal courts. In a thorough 244 page study done by Dorsey and Whitney (see item below), the numbers tell their own tale:
During late 2001, before the “Procedural Reforms” were proposed or effective, BIA
decisions were being appealed to the federal circuit courts at a rate of around 100 per month. By
March 2002 (when Acting BIA Chairman Lori Scialabba added asylum to the “certain categories
of cases” that could be decided by a single member without opinion), appeals to the federal
circuit courts had climbed to almost 300 per month. By May 2002 (when Acting BIA Chairman
Lori Scialabba designated “all cases” as being in those “certain categories”), appeals to the
federal circuit courts had climbed to more than 700 per month. By the beginning of 2003, BIA
decisions were being appealed to the federal circuit courts at a rate of over 800-900 per
month. Every federal circuit is experiencing a surge in appeals from the BIA.
Regardless of how one feels about immigration to the US, jamming the federal judiciary with massive backlogs caused by immigration appeals is not the way to go. Our Featured Article today is actually a double feature - Dorsey and Whitney's Study of Board of Immigration Appeals Procedural Reforms and the ABA Commission on Immigration Policy, Practice and Pro Bono's Findings and Recommendations based on this study. Please find the items below.
December 4th Seminar On Info-Tech Immigration
The agenda for the December 4th telephonic seminar is as follows:
The deadline to register for this session is Tuesday, December 2nd. For
more info. see: http://www.ilw.com/seminars/october2003.shtm. (Fax version: http://www.ilw.com/seminars/october2003.pdf.)
- Establishing Immigration Eligibility for Evolving and Never-Before IT Occupations
- Helping Aliens with No Degrees and Degree-Mismatches Move into IT
- Identifying Tips for the Smart-Set in this year's H-1B "Race for the Numbers"
- Defending Against BICE and DOL/WHD Investigations in the IT Industry
- Using H-1B and AOS Portability in the Ongoing IT Job-Hopping Escapades
- Remaking Love Story: Seventh-Year Strategies and Beyond ("Love is Never Having to Say Goodbye")
- Managing Expectations and Speeding-Up the Processing of Visa Applications and Visa Screening for Country-of-Concern Aliens and Workers with Technology-Alert-List Problems
Board of Immigration Appeals Procedural Reforms
The American Bar Association Commission on Immigration Policy, Practice and Pro Bono issued its Findings and Recommendations (7 pages) in response to the Dorsey & Whitney Study of Board of Immigration Appeals Procedural Reforms (244 pages).
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Immigration Law News
BALCA Expresses Skepticism About Vague Requirements Of Specialized Computer Skills
In the Matter of W. J. Byrnes & Co. of Los Angeles Inc, No. 2002-INA-48 (BALCA, Nov. 24, 2003), the Board of Alien Labor Certification Appeals said that "... many computer skills are
fungible. Many workers who are generally familiar with computers may be able to operate a
specialized software setup with a nominal period of on the job training. This panel is skeptical
about vague requirements of specialized computer skills. Here, it seems that Employer is
admitting that [an applicant] has computer skills, but not the computer skills it seeks. This might
be a valid reason for rejecting an applicant. A bare assertion, however, without supporting
reasoning or evidence is generally insufficient to carry an employer's burden of proof."
Alleged Nazi Ordered Deported
The Department of Justice announced that an IJ had ordered the deportation of an alleged Nazi collaborator who was found "hiding in a secret compartment beneath [his] basement
Alien Smugglers As Heroes
The Arizona Republic reports that people-smugglers are viewed as heroes by those whom they help in crossing the border and quotes a Professor at San Diego State University "Border Patrol officials will have to offer legal residency as an incentive for migrants to testify in court [against the smugglers]."
President's Leadership Needed For Guest Worker Program
An op-ed piece in the Arizona Republic says "There is still time, before the next election, to address the need for a guest-worker program."
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Help Wanted: Immigration Paralegal
Fragomen, Del Rey, Bernsen & Loewy (FDBL) seeks to hire an experienced
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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. We are currently offering an Internet-only special price of $259 for our 4 book set (MSRP $299). 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
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