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Immigration Daily

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Immigration Daily February 9, 2004
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Editor's Comments

"My Friend Has An 'Interesting' Case And He Can't Seem To Get Back Into The U.S."

Our telephonic seminar session this week will cover many critical issues connected to the entry/exit process including NSEERS, Section 110, and the Technology Alert List (TAL). The latter, thru the concept of "deemed export," has brought border issues straight into the conference room of practically every business in the country. Immigration practitioners will benefit from a review of the latest developments in this area of immigration law from the eminent attorneys on the panel. 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, February 10th. For more info, including detailed curriculum, speaker bios and registration information, see: (Fax version:


Curriculum For "By Air, Land And Sea - When The POE Becomes A Brick Wall" - Registration Deadline Is Tuesday, February 10th

The curriculum for the February session of "By Air, Land And Sea - When The POE Becomes A Brick Wall" is as follows:

Third Phone Session on February 12: "My Friend Has An 'Interesting' Case And He Can't Seem To Get Back Into The U.S." Problems Which May Keep People Out

  1. Impediments to Entry
    • Failing to Register Under NSEERS
      • Procedure and proof of NSEER registration
      • Where and how to leave the U.S.
      • Where and how to register upon return
    • Abandonment of LAPR
    • Last Action Rule
    • Travel ability of 'Ported' aliens
      • Returning while 'EOS' & 'COS' are pending
    • Returning while 'EOS' & 'COS' are pending
  2. Intending students
  3. Data sharing between DOS & USCIS
    • DS-156 & DS-230 Info
  4. C & D Visa Entries
  5. PFI Inspections - Problems unique to PFI's
  6. Seizures and Forfeitures
  7. Inspass
  8. Technology alert list (TAL)
  9. Use of FOIA
  10. Section 110 - Integrated Entry/Exit System - Biometrics

The deadline to register is Tuesday, February 10th. For more info, see: (Fax version:

Featured Article

Presidential Papers Historical Series: White House Statement On The Termination Of The Emergency Program For Hungarian Refugees
President Eisenhower sent this message to Congress on December 31, 1957.

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Immigration Law News

Iranian Qualifies For Asylee Status Because Extortionist Threaten To Unleash Totalitarian Government Against Him
In Jahed v. INS, No. 02-70487 (9th Cir. Jan. 20, 2004), the court said that the IJ and the BIA failed to recognize that the extortion by the soldier from the Petitioner occurred under threat of unleashing the fury of the uncivilized Iranian government against the Petitioner, the Petitioner had been opposed to the Iranian government when he was active in the Mojahedin. The court noted that "to [decide] otherwise would be to act as a rubber stamp or a decorative potted plant in disregard of Congress' expectation that we correct the BIAs factual decisions where that body has made an egregious mistake."

Petitioner's Credibility Intact Where He Has No Knowledge That Birth Certificate Is Forged
In Kourski v. Ashcroft, No. 03-1742 (7th Cir. Jan. 20, 2004), the court said that there was a gaping hole in the reasoning of the BIA and the IJ when it denied Petitioner's application for asylum because they found him not credible due to his submission of a fraudulent birth certificate. The court said that if Petitioner did not know or suspect that the birth certificate had been forged, the fact of forgery could not be evidence against the credibility of his testimony that he was Jewish.

USCIS Employer Bulletin Information On Office Of Business Liaison
The Office of Business Liaison of the USCIS released an employer information bulletin about its business liaison office.

BIA Says New York Manslaughter In First Degree Is Crime Of Violence
In re Martin, No. 23 I&N Dec. 651 (BIA, Feb. 5, 2004), the Board of Immigration Appeals said that the offense of manslaughter in the first degree in violation of section 125.20 of the New York Penal Law was a crime of violence under 18 USC 16(b), and that the Immigration Judge properly ordered the Defendant removed as an alien convicted of an aggravated felony.

Visas Denied To Cuban Musicians Invited To Grammy Awards
The Miami Herald reports "Cuban musicians invited to attend this weekend's Grammy Awards in Los Angeles have been denied U.S. visas needed to attend the ceremony, a top Culture Ministry official said Thursday."

11 Cubans Seek Bar From Repatriation
The Sun Sentinel of South Florida reports "In a race against time, a carload of 11 Cubans found floating at sea in a vintage Buick sought a court order Friday to get into the US against federal policy rather than face a return trip home."

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Immigration Law Books
Reserve your 2004 copies now. No immigration attorney should be without a complete, up-to-date reference library for all his/her primary resource needs. The 2004 edition of The Whole Act INA, provides annotations, footnotes, editorial notes, updated Topical Index with a separate Index of Appendices, and 49 Appendices, to help both novice and experienced practitioners alike efficiently navigate the complex labryinth of immigration statutes. The 2004 edition of regulations in 2 volumes (both immigration regulations 8 CFR and all immigration-related regulations of the DOL, DOS, and DOJ) includes the latest changes in the regulations + handy and most detailed Topical Indices for each. The 2004 edition of Patel's Citations, covering the history and treatment of all reported administrative precedent decisions under immigration and nationality law, keeps you abreast of the status and standing of all such immigration citations (e.g., reversed, affirmed, modified, followed or not followed, criticized, distinguished, etc.). This entire reference library consisting of the Act, Regulations, and Citations, is an indispensable reference tool that you will reach for day after day. Reserve your 2004 editions now. We offer a 30-day money-back guarantee. If you're not satisfied with your purchase within 30 days of receipt, you can request a full refund - no questions asked. The 2004 editions will arrive hot off the presses (target publication March 2004). For more information or to reserve your pre-publication advance copies see here.

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Letters to the Editor

Dear Editor:
The National Foundation for American Policy released the following press release.

Stuart Anderson
National Foundation for American Policy

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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