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Immigration Daily

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Immigration Daily January 15, 2004
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Editor's Comments

Legalization Is Statesmanship Not Equity

In a remarkable decision, the 6th Circuit in Ejelonu v. INS, No. 01-3928 (6th Cir. Jan. 8, 2004), granted relief to a Petitioner whose citizenship application would have been approved but for the INS's extended delay in processing. The court used its equitable power based on the common-law writ of audita querela and prohibited the DHS from using Petitioner's youthful trainee status to demonstrate Petitioner's statutory eligibility for deportation. The court ordered this relief despite the lack of a legal defect in the original proceeding (for the item, see below).

In this noteworthy decision, the court said that deportation in this case would shock the conscience. Very likely, the court was moved to grant this rare and extreme form of relief because the immigration laws as they stand today make such cases not only possible but sadly common. Any legalization intiative, including that proposed by President Bush would, by ameliorating our surreal immigration laws, also reduce the pressure on our courts to act in such unusual and perhaps unwise ways. Legalization is required as an act of statesmanship not merely as an act of equity. Whatever the opponents of legalization may have in favor of their argument, facility in statecraft is not one of them.


Curriculum For ILW.COM-Fragomen Briefing On H-1B Issues And Current Developments

The curriculum for our new seminar series "ILW.COM-Fragomen Briefing On H-1B Issues And Current Developments" is as follows:

FIRST Phone Session on January 29:

The H-1B Visa - Overview And Alternatives

  • Update: H-1B Cap and Related Issues
  • A Brief History (1970, 1990, 1998, and 2000 Amendments)
  • Summary of Requirements
  • Uses and Users of the Program
  • Alternatives to the H-1B Category - an Update

SECOND Phone Session on February 19:

The Labor Condition Application - Overview And Current Issues

  • History and Purpose
  • Basic Requirements
  • Wage and Benefit Issues
  • The Public Access File
  • Ongoing Employer Obligations
  • Enforcement Issues - a Current Review

THIRD Phone Session on March 11:

Latest Developments And Hot Topics in H-1Bs

  • Recent Legislative and Regulatory Activity
  • H-1B Portability Issues
  • Obtaining H-1B Extensions
  • Dealing with the H-1B Cap
  • Handling Gaps in Employment
The deadline to register is Tuesday, January 27th. For more info, including detailed curriculum, speaker bios, and registration information, see: (Fax version:

Featured Article

ITIN Application Revisions
Gregory Siskind discusses the recent changes on the issuance of Individual Taxpayer Identification Numbers (ITINs) which are important in the immigration context because many people who cannot get Social Security Numbers depend on an ITIN for various financial matters.

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

6th Circuit Invokes Audita Querela, Gives Relief Based On Equity, Without Legal Defect
In Ejelonu v. INS, No. 01-3928 (6th Cir. Jan. 8, 2004), the court blocked the deportation of the Petitioner consequent to its finding that it had the authority under the All Writs Act to mitigate a judgment's collateral consequences through a writ of audita querela issued for equitable reasons regardless of the presence of a legal defect in the original proceeding. The court also said that if Congress disliked what it did, it could prohibit courts from issuing writs of audita querela with respect to the consequences of criminal convictions.

Presidential Proclamation In Federal Register Suspending Entry For Corruption
The Federal Register published the Presidential proclamation suspending the entry as immigrants or nonimmigrants of some persons engaged in or benefiting from corruption.

Agricultural Workers Oppose President Bush's Immigration Reform Initiative
The Oakland Tribune reports "While generally welcomed by farmers, Bush's immigration proposals face opposition from an unlikely combination that includes unions, conservatives and migrant workers ... who are supposed to benefit the most."

President Bush's Immigration Reform Initiative And The Average Undocumented Joe
A Seattle Post Intelligencer op-ed says "Imagine a person 10 times more determined than you are. Picture a guy who will wade across rivers, brave 120-degree boxcars and face vicious smugglers and murderous vigilantes - all to get a job picking fruit for 10 hours a day ... This whole immigration debate is about him, the choices he faces and the way he responds."

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: Attorneys and Paralegals
The Law Offices of Bernard P. Wolfsdorf seek to hire experienced paralegals for its South Bay, CA (Torrance) office and New York, NY offices. Bachelor's degree required for paralegal positions. The firm also seeks to hire associate attorneys with 1-2 years experience in immigration for its Pacific Palisades office. 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). 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 e-mail; New York applicants: fax Frieda Wong at (212) 899-5041 or e-mail Attorney applicants: fax T.L. Loke Walsh at (310) 573-5093 or email

Immigration Law Books
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 will keep you abreast of the status and standing of all immigration citations, cover the history and treatment of all reported administrative decisions under immigration and nationality law, and provide you with the latest immigration-related regulations of the DOL, DOS, and DOJ. Patel's 4-set library is an indispensable reference tool 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.
For information on advertising in the classifieds please click here

For a listing of current immigration events please click here
For services/products of use in your law practice please click here

Letters to the Editor

None today.

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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