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Immigration Daily

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Immigration Daily August 23, 2004
Previous Issues
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Editor's Comments

Eliminate 214(b) And Elitism

For a large number of foreign nationals entering our country, consular posts are the first step. In the two minutes or so that constitutes the average time for a face to face interview, consular officers focus primarily on a determination on 214(b) issues (in other words, whether the visa applicant has immigrant intent or not consumes most of the time during the interview). This gives short shrift to security-related screening. Even if the interview time was increased, it is highly unlikely that the consular officer can make an objective determination of the visa applicant's subjective state of mind. The inherent arbitrariness in 214(b) determinations are issues well understood as seen by the exemption of 214(b) for H, L, and other visas. However, another problem with 214(b) has not been widely discussed - 214(b)'s elitist bias. For example, in China, high-level Communist bureaucrats and their children will not raise 214(b) concerns unlike the average Chinese applicant for a US visa. Common sense would suggest, however, that the average Chinese applicant would make for a better temporary or permanent immigrant than the average high-level bureaucrat. 214(b) thus severely biases the population of visitors to the US by including a disproportionately high number of foreign elites. Congress should eliminate 214(b) entirely as a critical part of bringing our immigration law into the 21st century.


Sanctuary! Stratagems To Winning In Asylum Practice

The curriculum for our new seminar series "Sanctuary! Stratagems To Winning In Asylum Practice" is as follows:

FIRST Phone Session on August 31st: Planning The Case

  • Persecution And Well-Founded Fear Issues
    • Persecution Defined
    • Non-Physical Harm (threats, economic harm, discrimination, etc.)
    • Gender-Based Harm
    • Harm Not Considered to be Persecution (prosecution, civil strife, etc.)
    • Harm to Juveniles
    • Countrywide Persecution (non-governmental persecutors)
    • Changed Conditions
  • Causation and Nexus, the "on account of" issue
    • Proving "Circumstantial" Evidence of Causation
    • Proving Motivation of the Persecutor
    • Mixed Motive Cases
    • Issues Related to Non-Governmental Persecutors
    • Political Opinion (What is it?; "Imputed" Political Opinion)
    • Particular Social Groups (What is a Social Group; "Immutable" Characteristics"; Gender Based Claims; Juvenile Cases)
    • Claims Based on Race, Religion, Nationality
  • Withholding of Removal - Torture Convention

SECOND Phone Session on September 23rd: Bars to Relief and Preparation of Application

  • Bars To Relief
    • One Year Bar - Filing Deadline (Changed Circumstances; Extraordinary Circumstances)
    • Reinstatement of Removal Orders
    • Resettlement
    • Criminal Bars
    • Persecutors
    • Discretionary Denials
  • Preparing the Application and Documentation
    • Statement - How Detailed Should it be? (Contents; Language; Avoiding Credibility Problems)
    • Documentation - Individualized (medical records, evidence of political involvement, photos, Affidavits, arrest Records, new articles, etc.); Background Evidence - (sources, websites, types of evidence)
    • Witnesses - Personal (those with direct knowledge); Expert (medical, psychological, political, human rights, etc.)
  • Packaging and Filing the Claim
    • Preparing Documentation (highlighting, indexing, tabbing, paginating, etc.)
    • Local Court Rules
    • Court Filing Deadlines
    • Witness Lists

THIRD Phone Session on October 14th: Presentation In Court

  • Getting Your Documents Into the Record
    • Dealing with DHS attorney objections (Authentication; Hearsay - 3rd Party Written Statements; Timeliness; Other Objections - relevance, completeness, etc.)
    • Expert Statements (Where Expert not in Court for Cross-examination)
    • Objections to DHS Documents (I-213, Asylum Officer's Notes, Forensic Reports)
  • Presenting The Applicants Testimony in Court
    • Preparation of your client
    • Types of questions (simple, direct, non-leading)
    • Chronology
    • Dealing with DHS attorney objections
    • Dealing with Judge's interruptions (making your record)
    • Objections to DHS attorney cross-examination questions
    • Credibility issues
  • Expert Witnesses
    • When to use them
    • Where to find them
    • Proving expert qualifications
    • Focusing the expert
    • Motions for telephonic testimony
  • Cross Examination of DHS Witnesses
    • Asylum Officers
    • DHS Inspectors/Investigators
  • Other Issues
    • Closing Arguments
    • BIA Appeal
    • Circuit Court Review
  • Filing with the Asylum Office
    • Limitations on Role of Attorney
    • Differences with Court Presentations
The deadline to register is Friday, August 27th. For more info, detailed curriculum, speaker bios, and registration information, see: (Fax version:

Featured Article

Asylum Resource Series: Armenia
USCIS Asylum Resource Information Center offers asylum information on Armenia.

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

Immigration Attorney Is Reinstated Into Practice Of Law
In Boyle v. People Of The State Of Colorado, No. 02PDJ067 (Supreme Court, State of Colorado. Jun. 16, 2004), the hearing board reinstated to the practice of law an attorney who had been suspended for misconduct in the practice of immigration law. The Attorney had admitted to misconduct in labor certification in the late 1980s and early 1990s and recently as part of his rehabilitation prepared a scholarly article about labor certification.

DOS Defends Asylum Decision Of Chechen Foreign Minister
During a press briefing, Department of State Deputy Spokesman Ereli responded to the question, "Russia's pretty upset about the US decision to give [Chechen foreign minister, Mr. Akhmadov] asylum, has repeatedly asked for his extradition. What was the reason behind the U.S. Government's decision to drop its objection to the immigration court in Boston?"

DHS Updates Entry And Exit Ports For US-VISIT
The DHS announced six new ports of entry for inclusion in the US-VISIT program at air and sea ports

Senator Kennedy As Terrorist
The New York Times reports [Senator Kennedy's] aides and government officials saying "Between March 1 and April 6, airline agents tried to block Mr. Kennedy from boarding airplanes on five occasions because his name resembled an alias used by a suspected terrorist who had been barred from flying on airlines in the US."

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 - Immigration Attorney
The Law Offices of Jessica Dominguez, a rapidly expanding immigration law firm based in San Fernando Valley, CA seeks an immigration attorney to work on a wide range of cases (employment-based immigrant and nonimmigrant visa petitions, deportation, family-based immigration, and naturalization) in a diverse, full-service immigration law practice. Ideal candidate has minimum 2 years experience - exceptional, motivated candidates with less experience are also encouraged to apply. Responsiblities include: representing aliens before immigration officers and in immigration courts. Excellent legal research/writing and outstanding communication skills required. The right candidate possesses initiative and the ability to work independently. Spanish language a plus. We have a great office environment and wonderful clients. E-mail cover letter, resume, + salary requirements in confidence to Jessica Dominguez at:

Immigration Law Conferences
DHS has issued new Section 343 rules requiring foreign health care workers who are seeking temporary or permanent occupational visas or Trade NAFTA status to obtain a special visa certification in order to provide health care services in this country. The Commission on Graduates of Foreign Nursing Schools (CGFNS)/International Commission on Healthcare Professions (ICHP) are sponsoring a special educational program in your community about the new DHS rules. The new federal DHS rules apply to: Registered nurses and licensed practical (vocational) nurses, Audiologists, Physical Therapists, Medical Technicians, Occupational Therapists, Medical Laboratory Technologists, Speech-Language Pathologists, Physician Assistants. Upcoming session locations include: Miami, FL - Monday, Aug. 23, Philadelphia, PA- Monday, Aug.16, Seattle, WA - Monday, Sept. 27, New York, NY - Monday, Oct. 4, San Francisco, CA - Monday, Oct. 18th, Atlanta, GA - Monday, Nov. 1st. To register, contact Marla Downing at:, (ph) 215-222-8454, x.242, or visit

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Letters to the Editor

Readers are welcome to share their comments, email:

Dear Editor:
I find your recent Editor's Comment interesting. Have you forgotten that Congress did a massive legalization in 1986, assuring those of us who were against the program that this would give us control of our borders. Guess what, it didn't work then and it won't work now. Legalization of illegal aliens rewards people for breaking the law and does nothing to discourage others from following their lead. It has taken 18 years but those same people that we were supposed to keep out are at the table asking for another legalization. It is senseless to keep using the same logic that has proven faulty in trying to solve the illegal alien problem. ICE should have unlimited authority to deport every illegal they come across, regardless of where they find them and how long the person has managed to evade the law. Only when enforcement of our existing laws is in full force will there be any hope of discouraging illegal aliens from coming to the US. We all know the old argument that the illegals only take jobs that US workers won't do. If we repeat that often enough, it still won't be true. Yes, there should be penalties for employers who hire illegals, and those penalties should be stiff enough that they think twice about doing so. I would like to see an end to the extended family immigration and an increase in employment based categories. Those employment based applications should be allowed only when a true and honest search for US workers has been conducted. This is not protectionism, it is common sense.


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Editorial Advisory Board
Marc Ellis, Gary Endelman

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