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Immigration Daily

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Immigration Daily February 10, 2004
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Editor's Comments

Letters To The Editor Policy

  • We welcome letters which raise issues of general interest to the community dealing with issues of immigration law. We do not publish letters seeking solutions to specific cases, unless they are of exceptional interest. We are proud to provide a forum for communication to the immigration law community.
  • Vigorous and spirited debate in the press about issues of importance is part of the American tradition. We are not biased for or against any letter based on the opinion of its author. We recognize that feelings on immigration are spread across the spectrum from passionately for to passionately against. However, we will not publish certain letters including those with obvious factual inaccuracies, personal attacks, barnyard language, etc.
  • We will accept letters signed with any name, including pen names and pseudonyms. However, we also accept anonymous letters, and withhold names of senders when requested. (The Federalist Papers were originally published under a nom-de-plume.)
  • In the interests of readability, we request our correspondents to write within the limit of a few hundred words, lengthier contributions will be excerpted.
  • Letters have to be individually addressed to to be considered for publication, mass mailing list emails will not ordinarily qualify for publication.
  • External links to other websites will be omitted from letters; we will continue, however, to include links to previous letters to the Editor to help our readers follow the conversation's thread. The strict deadlines of daily publication do not permit us to check for typos.
  • Our readers can contribute content to Immigration Daily through letters, but also through information submitted to us (e.g. AAO decisions, agency correspondence, substantive analysis, etc.) which may be reproduced either as letters or as items or as articles, depending on the specifics. We will always acknowledge the sender of the information.
Letters should be emailed to


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

Musings On DV 2005
Mitch Berenson and Charlene Avis write "The 2005 Green Card Lottery Program ended on December 30, 2003, amidst a flurry of would-be applicants finding themselves extremely frustrated and disillusioned."

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Immigration Law News

Deported Ag Fel Presents Live Controversy
In Swaby v. Ashcroft, Nos. 02-2068, 03-2298 (2nd Cir. Feb. 3, 2004), the court said that even though Petitioner was no longer imprisoned, he faced a lifetime bar from reentering the US as a result of having been removed after an aggravated felony conviction and thus suffered a collateral consequence which made his case a live controversy.

Ethnic Albanians In Montenegro Are Not Per Se Persecuted
In Capric v. Ashcroft, No. 02-3172 (7th Cir. Jan. 23, 2004), the court said that evidence did not show that this was an "extreme situation" in which ethnic Albanians were subject to a pattern and practice of persecution in Montenegro. The court added that if Petitioner's argument for petition for asylum was accepted, then nearly all of the population of Serbia, Bosnia-Herzegovenia, and other war-torn areas would be eligible for asylum in the US.

Supreme Court Grants Certiorari To Post-Zadvydas Case
The Supreme Court granted certiorari in Benitez v. Wallis, No. 02-14324 (11th Cir. Jul. 17, 2003).

USCIS Employer Bulletin Information On I-9s
The Office of Business Liaison of the USCIS released an employer information bulletin about I-9s.

President Bush Says He's From Texas And Knows Immigration
The Washington Times reports that White House spokesman Trent Duffy said that "[President Bush] said he didn't do [his immigration proposal] for politics [but] because that's what he believes is good for the country ... and quoted Mr. Bush saying, "I'm from Texas and I know this issue."

Army Enlistee Who Used Fake Green Card To Get US Citizenship
The Seattle Times reports "An [illegal immigrant], who enlisted in the Army by showing a fake green card he bought for $50, could take his citizenship oath in Seattle."

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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

Dear Editor:
On January 29, 2004, Immigration Daily published an article by Josie Gonzalez entitled "I-9 Anomalies That Challenge Employers: TPS, Refugees & Asylees, H-1B Transferees and Subcontractor Obligations." In her article, Ms. Gonzalez noted that the Office of Special Counsel for Immigration-Related Unfair Employment Practices is "a branch of the new Office of Homeland Security." Please be aware that the Office of Special Counsel for Immigration-Related Unfair Employment Practices is not, in fact, part of the Department of Homeland Security. Rather, it is a component within the Civil Rights Division at the US Department of Justice, and protects US citizens and legal immigrants from employment discrimination based upon national origin or citizenship status, retaliation, and unfair documentary practices related to the employment eligibility verification process.

Jorge Martinez
Department of Justice Spokesman

Editor's Note: Thank you for bringing this to our attention. The article has been updated to reflect this correction.

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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