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Immigration Daily December 16, 2003
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Editor's Comments

AWO: The Beginning Of The End

The 1st Circuit issued the leading opinion on affirmance without opinion (AWO). In Albathani v. INS, it approved of the BIA's rubberstamping, with the caveat that evidence of the BIA's systemic violation of its own regulations would cause it to view the matter differently. This time, in Haoud v. Ashcroft, however, the First Circuit says,

"the Board's use of the AWO procedure in this case runs counter to what we have warned against in the past: [A]dministrative agencies must apply the same basic rules to all similarly situated supplicants. An agency cannot merely flit serendipitously from case to case, like a bee buzzing from flower to flower, making up the rules as it goes along ... Without an explanation of the reasons for the decision, we cannot determine whether the Board -- applying the proper standards under 8 CFR 1003.1(e)(4) -- adequately and correctly evaluated each of the criteria." [internal citations omitted]
If this is not the beginning of the end of AWO, it is certainly the end of the beginning. For the decision in its entirety, see below.


Registration Deadline Is Tuesday, December 16th !

Tuesday, December 16th is the deadline to register for "By Air, Land And Sea - When The POE Becomes A Brick Wall". The distinguished speakers for this seminar series are Edward Litwin, Fausta Albi, Michael Berger, Greg Boos, Henry Chang, Peter Larrabee, Tien-Li Loke Walsh, Jeanne Malitz, Timothy Murphy, William Reich and Nancy Shivers. Dealing with the entry/inspection process is an unavoidable burden of immigration law practice today. The alphabet soup of security checks is now topped by the notion of immigration security concerns within US borders vide the Technology Alert List and the deemed export rule. Other problems in this area of immigration law practice include expanded use of expedited removal, the "unsuspended" Special Registration program and the ever-changing situation at the various border crossing points. All this and more will be part of an in-depth consideration of Ports of Entry issues in this seminar series. The seminar is offered by phone, so law offices around the country can participate. It is also a great training tool for the entire law firm staff (one registration covers everyone sharing a speakerphone). The seminar includes an in-depth Q&A period where you can pose questions regarding your cases to the distinguished practitioners on the panel. The deadline to register is Tuesday, December 16th. For more info, including detailed curriculum, speaker bios and registration information, see: (Fax version:

Featured Article

Special Registration Modified, But Not Ended
Cyrus Mehta writes "The new rule amends the provision of 8 C.F.R. 264.1(f)(3) and 264.1(f)(5), which required 30-day re-registration for those specially registered at a Port of Entry (POE) and annual re-registration for all who are subject to special registration."

Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here:

Immigration Law News

President Bush Says He Wants To Match Willing Employers And Willing Employees
During a press conference, President Bush responded to a request for clarification on Sec. Ridge's comments about legalization and said, "...We need to have a immigration policy that helps match any willing employer with any willing employee ... Let me also clarify something. This administration is firmly against blanket amnesty."

AWO Must Not Interfere With Petitioner's Right To Reasoned Administrative Decision
In Haoud v. Ashcroft, No. 02-2395 (1st Cir. Nov. 25, 2003), the court said that "the Board's use of the affirmance without opinion procedure must not interfere with Petitioner's right to a reasoned administrative decision" in a case where the BIA granted another Algerian national asylum on very similiar facts and only four months after the IJ's denial of Petitioner's application. The court noted the amicus curaie briefs filed by: AILA, AILF, and the Massachusetts Law Reform Institute.

ICE Seeks Comments
The Immigration and Customs Enforcement sought comments on the arrival record, Form I-94; Alternative Inspection Services, Forms I-823 and I-823F.

Good To Hear DHS Secretary Ridge Acknowledge Immigration Problem
A New York Times op-ed says "But [Secretary Ridge's] candid comments in Miami last Tuesday, which apparently caught the White House off guard, offer the first hopeful sign since the World Trade Center attack that the Bush Administration is returning to immigration reform."

Secretary Ridge's Legalization Comments: Testing The Waters Or Unscripted Candor?
The Sun-Sentinel of Florida reports "Homeland Security Secretary Tom Ridge's comments in Miami on Tuesday have immigration-watchers asking whether the administration might re-embrace legalization for millions of undocumented immigrants."

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: Paralegals - Experienced And Entry Level
Greenberg Traurig, a large international law firm, has openings in its Tysons Corner, VA office for experienced immigration specialists and entry-level paralegals. Both positions require a Bachelors degree and a minimum 2+ yrs of experience in the immigration field. Strong organizational, written, computer and verbal skills are required. Fluency in Spanish preferred. Excellent benefits and compensation package offered. Send resume + cover letter, including salary requirements by (fax) 703-714-8378 or (email) Please state the position, experienced or entry-level position, that you are applying for.

J-1 Training Visa Sponsor
Discover the ease and flexibility of the J-1 training visa with Aiesec United States. At Aiesec, we provide an unparalleled commitment to customer service, offering 24 to 48 hour turnaround on approved J-1 training visa applications, free consultation on potential training programs and a wealth of information about J-1 training visa regulations. We also offer logistical and cultural reception services in several locations across the country. Our J-1 training visa can be used for individuals to participate in training programs in the following fields: Information Media and Communications, Education, Social Sciences, Library Science, Counseling and Social Services, Management, Business, Commerce and Finance, The Sciences, Engineering, Architecture, Mathematics and Industrial Occupations, Public Administration and Law. You can learn more about Aiesec and the J-1 training visa at or by calling Jim Kelly at (212) 757-3774 ext.222.

Help Wanted: Experienced Paralegals
The Law Offices of Bernard P. Wolfsdorf seek to hire experienced paralegals for its South Bay, Southern CA office and New York, NY offices. Bachelor's degree required. Ideal candidates should have experience with all aspects of business immigration. Responsibilities include: preparation of all types of immigrant visa petitions, labor certifications (RIR and traditional), adjustment of status and consular processing applications, and preparation of all types of nonimmigrant visa petitions (particularly Hs, Ls, TNs, and Os). Paralegals will manage caseloads with large degree of independence, communicate with clients regarding procedural and case processing issues, update and maintain client status reports, prepare bills, and serve as a team resource. Applicants should submit resume + cover letter to specific desired location: South Bay applicants: fax Michele Buchanan at 310-540-3147 or email to; New York applicants: fax Frieda Wong at 212-899-5041 or email to The Law Offices of Bernard P. Wolfsdorf is an equal opportunity employer.

Immigration Law Books
The successful practice of immigration law depends on having immigration statutes and regulations readily available. Immigration attorneys need look no further than Patel's complete reference library for their primary resource needs. Patel's library consists of (4) books: The Whole ACTINA (Annotated), 20/22/28 CFRPlus, 8 CFRPlus, and Patel's Citations of Administrative Decisions under Immigration and Nationality Laws. Each book contains a detailed topical index, is annotated and is updated annually to reflect the latest changes in regulations. These four books constitute an indispensable library of primary resource materials for any immigration practitioner. For more information or to purchase these books see here.

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
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Letters to the Editor

Dear Editor:
The following press release was released by the Lutheran Immigration and Refugee Service.

Meg Arenberg
Lutheran Immigration and Refugee Service

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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