September 10, 2003 - Highlights

[Immigration Daily from ILW . COM]

-----------------IMMIGRATION DAILY FROM ILW.COM------------------

September 10, 2003

Contents:
1.  Editor's Comments: Highlights
2.  ILW Focus: Immigration Daily Archives On CD-ROM
3.  Article by Carol L. Schlein, Esq.:  Using Technology To
Remain Competitive
4.  Immigration Law News
    (a)  BALCA Says No Review Without Specific Grounds/Brief
    (b)  OIG Releases Status Of Its Recommendations On 9/11 Detainees
    (c)  Secretary Ridge Says Travelers Will Soon Make One Stop
For Inspections
    (d)  DHS Announces Unification Of Inspection Process
    (e)  INS Fails To Meet Its Burden Where It Makes No Challenge
To Asylee's Documents
    (f)  Ukraine's Country Conditions Have Changed
    (g)  Arkansas's Third Degree Domestic Battery Is Crime Of Violence
    (h)  Evidence Allegedly Ignored By BIA Not Identified
    (i)  Different Address On Adjustment Application Does Not
Constitute Notice Of Address Change For Deportation Purposes
    (j)  Enforcement Of Computer-Coded Passport Rule Is Postponed
    (k)  Increased Immigration Data, Is It Increasing American's Safety?
5.  Classifieds: Help Wanted: Experienced Immigration Paralegal (3) And 
Experienced Immigration Attorney (2) And Entry-Level Paralegals (1)
6.  Letters to the Editor (1)

http://www.ilw.com/lawyers/immigdaily/digest/2003,0910.shtm

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_________________________________________________________________
1.  EDITOR'S COMMENTS

Highlights

The highlights from today's Immigration Daily are as follows: The
Office of Inspector General of the Department of Justice released
its analysis revisiting the treatment of September 11th
detainees. The 52 page report discusses the progress of each
recommendation made to the DOJ and the DHS and more importantly,
what has been done. We also feature no less than five help wanted
ads, a BALCA decision, a Featured Article on technology for
lawyers, one letter to the Editor, and five cases.
_________________________________________________________________
2.  ILW FOCUS

Immigration Daily Archives On CD-ROM

ILW.COM is pleased to announce the launch of our new CD-ROM product. 

Benefits to you are:

++Have the convenience of 3 entire years of the Immigration Daily
archives on your computer - no need  to worry about long download
times for large documents from the internet!
++Powerful, easy-to-use next generation search engine unlike
other Immigration CD-ROMs
++No Installation / Software Headaches - the CD-ROM runs from the
CD-ROM drive directly, nothing will get installed on your hard drive
++Web Browser interface - no need to learn any navigation tricks
++Find articles, letters to the Editor, cases, Federal Register
announcements, INS memoranda, and more.

To order, please see:
http://www.ilw.com/lawyers/resources/
for the fax version of the order form, please see:
http://www.ilw.com/lawyers/resources/faxorderformcdrom.pdf
http://www.ilw.com/lawyers/immigdaily/focus/2003,0829-seminar.shtm
_________________________________________________________________
3.  FEATURED ARTICLE

Using Technology To Remain Competitive

Carol L. Schlein, Esq. provides several technology tips that law
firms can implement to better attract and serve their clients.
http://www.ilw.com/lawyers/colum_article/articles/2003,0910-Schlein.shtm
http://www.losinc.com
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_________________________________________________________________
4.  IMMIGRATION LAW NEWS

(a) BALCA Says No Review Without Specific Grounds/Brief

In the Matter of The Foundation Of Human Services, No. 2003-
INA-238 (BALCA, Aug. 19, 2003), the Board of Alien Labor
Certification Appeals said that the request for review would be
dismissed since it did not set forth any specific grounds for
review nor did the Employer file a brief. The Employer in this
case proceeded pro se.
http://www.ilw.com/lawyers/immigdaily/dol_news/2003,0910-Singh.pdf

(b) OIG Releases Status Of Its Recommendations On 9/11 Detainees

The Office of the Inspector General (OIG) of the Department of
Justice released its analysis of responses by the DOJ and the DHS
to recommendations in its earlier report on the treatment of 9/11 detainees.
http://www.ilw.com/lawyers/immigdaily/doj_news/2003,0910-detainees.pdf

(c) Secretary Ridge Says Travelers Will Soon Make One Stop For Inspections

The Office of the Press Secretary of the White House released
remarks by DHS Secretary Ridge to the American Enterprise
Institute where he said, "We're doing this through an initiative
that will unify the border inspection process under one customs
and border protection officer, an officer cross-trained to
address all three inspection needs."
http://www.ilw.com/lawyers/immigdaily/exec_branch/2003,0910-ridge.shtm

(d) DHS Announces Unification Of Inspection Process

The Office of the Press Secretary of the White House said that
the DHS announced the One Face at the Border initiative which
will unify the inspection process by cross-training Customs and
BorderPatrol inspectors to perform all three inspection functions.
http://www.ilw.com/lawyers/immigdaily/exec_branch/2003,0910-border.shtm

(e) INS Fails To Meet Its Burden Where It Makes No Challenge To
Asylee's Documents

In Wang v. Ashcroft, No. 02-70486 (9th Cir. Aug. 29, 2003), the
court said that there was nothing in the record to support a
finding that the medical documents presented by Petitioner were
not credible because the INS had presented no opposition to the
introduction nor challenged the authenticity of these medical
documents. The INS therefore presented no evidence to rebut
Petitioner's presumption, and therefore had not met its burden.
http://www.ilw.com/lawyers/immigdaily/cases/2003,0910-wang.pdf

(f) Ukraine's Country Conditions Have Changed

In Anisovich v. Ashcroft, No. 02-4377 (3rd Cir. Sept. 9, 2003),
the court said that as publishers who do diseeminate anti-Semitic
materials are being prosecuted, there was no evidence that the
Ukranian Government was unable or unwilling to control those
groups that are committing anti-Semitic acts in Ukraine.
http://www.ilw.com/lawyers/immigdaily/cases/2003,0910-Anisovich.pdf

(g) Arkansas's Third Degree Domestic Battery Is Crime Of Violence

In US v. Torres-Castro, No. 03-1175 (8th Cir. Sept. 9, 2003), the
court said that the district court did not commit plain error
because Defendant's earlier Arkansas conviction for third degree
domestic battery qualified as a felony crime of violence under
USSG 2L1.2(b)(1)(A)(ii).
http://www.ilw.com/lawyers/immigdaily/cases/2003,0910-Torres.pdf

(h) Evidence Allegedly Ignored By BIA Not Identified

In Zapet v. Ashcroft, No. 02-60717 (5th Cir. Sept. 9, 2003), the
court said that Petitioner did not identify the particular
documentary evidence that he alleged the Board of Immigration
Appeals did not consider, nor did he explain why the specific
evidence was pivotal to his case.
http://www.ilw.com/lawyers/immigdaily/cases/2003,0910-Zapet.pdf

(i) Different Address On Adjustment Application Does Not
Constitute Notice Of Address Change For Deportation Purposes

In Manjiyani v. INS, No. 01-70415 (9th Cir. Sept. 9, 2003), the
court issued an order vacating opinion and granting a rehearing
in connection with its opinion
http://www.ilw.com/lawyers/immigdaily/cases/2003,0416-manjiyani.pdf
dated Apr. 11, 2003 where it found that Petitioner's filing to
adjust status, employment authorization, excludability waiver in
Los Angeles, unrelated to her deportation proceedings in Seattle
did not provide sufficient notice to the Attorney General of her
address change for deportation purposes.
http://www.ilw.com/lawyers/immigdaily/cases/2003,0910-Manjiyani.pdf
_________________________________________________________________

(j)  Enforcement Of Computer-Coded Passport Rule Is Postponed
(k)  Increased Immigration Data, Is It Increasing American's Safety?
For links to these articles, click here:
http://www.ilw.com/lawyers/immigdaily/digest/2003,0910.shtm#Other-items
_________________________________________________________________
5.  CLASSIFIEDS:

(a) Help Wanted: Experienced Immigration Attorney
Blumenfeld, Kaplan & Sandweiss, P.C. (BKS),
http://www.bks-law.com/bks/
a full-service law firm in St. Louis, MO seeks an associate with
1-3 years of employment-based immigration experience. Experience
with immigration issues related to physicians is a big plus. BKS
offers a competitive salary and excellent benefits. Send resume +
cover letter to Chris Williams, Immigration Law Practice Group,
168 North Meramec Avenue, 4th Floor, Clayton, Missouri 63105. No
phone inquiries please.

(b) Help Wanted: Experienced Immigration Paralegal
Kemp Smith, LLP,
http://www.kempsmith.com
founded in 1866, seeks to hire an experienced paralegal for its
business, family, consular, and inspections based immigration
practice located in El Paso, TX. Responsibilities include
continuous professional interaction with clients, staff, and
federal agencies; timely preparation of filings with the
Departments of Labor, State, and Homeland Security; and case
monitoring. Excellent analytical, organizational, and writing
skills are required. Computer and Internet literacy is essential,
while Internet research skills are ideal. Proficiency in Word,
Powerpoint, and case management software are all a plus.
Bachelor's degree or equivalent preferred. Fluency in a second
language in either Spanish, Japanese, or German is desired.
Please forward your resume to Firm Administrator via e-mail at
mailto:address@hidden or fax 915-546-5360.

(c) Help Wanted: Experienced Immigration Paralegal
Goel & Associates, P.C. (G&A) ,
http://www.goellaw.com/goel.asp
a leading business immigration law firm, seeks an experienced
immigration paralegal to join its fast-paced corporate
immigration practice located in Greenbelt, MD. Candidates must
have at least one year of business immigration experience,
ideally with H-1B, L-1, Labor Certification, and I-140/Adjustment
of Status cases for clients in the high tech sector. A college
degree, excellent communication and organizational skills,
knowledge of PC applications, and the ability to work
independently are required. We offer an outstanding work
environment and an excellent compensation and benefits package,
including a business-casual dress policy, health and dental
insurance, 401(K), free parking, and more. To apply, please send
resume, cover letter, and salary requirements to
mailto:address@hidden, or fax to 301-313-0445.

(d) Experienced Immigration Attorney
Stoll, Keenon & Park,
http://www.skp.com/firm_profile/index.html
one of Kentucky's oldest and largest law firms founded in 1897,
seeks an experienced business immigration attorney based either
in its Lexington or Louisville, Kentucky office. Minimum 2+ years
of full-time experience in preparing H-1B, L-1, E-2, TN, labor
cert, I-140, and AOS applications is required. Candidate must
have a stellar academic record as well as possess excellent
research and writing skills. The position requires a highly
organized individual who is proficient with case management
software. We offer a great working environment and a competitive
salary and benefits package. Email resume + cover letter to
Denise Wilson, Human Resources Manager at mailto:address@hidden
or fax to (859) 253-1093. EOE

(e) Help Wanted: Experienced And Entry-Level Paralegals
Greenberg Traurig,
http://www.gtlaw.com/practices/immigration/index.asp
a large international law firm, has openings in its Tysons Corner
office for experienced and entry-level immigration
specialists/paralegals. Will train for entry-level/junior
position. Both positions require a Bachelors degree; experienced
position requires 3+ yrs of experience in the immigration field,
with at least one year at a senior level. Strong organizational,
written, computer and verbal skills are required. Excellent
benefits and compensation packages offered. Send resume + cover
letter, including salary requirements by either fax: 703-714-8378
or email: mailto:address@hidden Please state the position,
experienced or entry-level position, that you are applying for.

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
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_________________________________________________________________
6.  LETTERS TO THE EDITOR

(a) Dear Editor:
I was born in US.  My husband of 4 years is a UK citizen,
residing in US 16 years as an over-stayer on his British
Visa/Passport. He committed a crime while visiting in Nevada in
1988, and his Passport and Visitor Visa expired by 3 months. In
very brief, to satisfy his penalty for using fake tokens in a
casino, he was to make restitution and show valid US ID.  He
ultimately falsified a birth certificate, obtained a US  SSN,
began working to pay restitution for his crime.  He has worked
steadily in this country, paid tax, repaid student loans, and
married two US-born women (one ending in divorce). He perpetuated
his false utterances and misrepresented his citizenship status,
both serious offenses and prior bad choices.. He had otherwise
never committed a crime in UK/US. He considers himself an
American.  He votes and in every way has been a law-abiding
citizen and respected the laws of the US.. except as noted above.
Six months' ago he was arrested by INS for the crime which began
in 1988. We obtained criminal and INS counsel to handle these
issues. Money was exchanged and the appropriate services were
expected from our INS lawyer who practices daily with excellent
credentials, accepts money for consultations, does not respond to
email, fax, letters, telephone calls.  In mid-May I traveled the
distance to retain this lawyer.  No retainer was forth coming to
date.  When the sitation seemed to be unacceptable, I timidly
consulted 3 of the lawyers advertised on ILW.COM. Each of the
consultations was free, the lawyers spent valuable time and
provided me with more knowledge in the combined 5-6 hours than I
have obtained in 6 months with a lawyer I regularly paid and
thought I had hired. I have learned that my husband had a few
rights including a bail hearing six months' ago. I have learned
that papers and documents that are totally unfamiliar to those
outside the INS legal field should have long ago been filed.  My
city is without immigration attorneys. I am watching my husband
be deported this Tuesday to England where he was orphaned at
birth, has no family, no ties, no contact in over 16 years... I
consider this a suicide mission.  Yet to attempt to digest
Immigration Law in a short time for a layman is not only
impossible but insulting to those who practice this field of law.
My husband and I are in our 50's.  We are not uneducated or
indigent yet we are ignorant of Immigration Law. We spent 3 years
attempting to correct his INS status without benefit of legal
counsel but through agencies which our tax dollars helped to
support.  We have never run or hidden from any government agency.
We want to comply with laws of this country and correct my
husband's status.  We have not designed or desired to be
annonymous in seeking to correct a wrong-doing in a proper
fashion and to endure the attached penalties.   We paid for legal
services, received none. Disregarding the money paid to an
attorney, a man has been denied the chance to be heard in an INS
Court and after 6 months of paying his price to society for false
utterances against the US... we are both too emotionally and
mentally bankrupt to try to fight further. Six months of
strength, trust, and sanity are gone. We wanted the chance,
however slim, to address our pight and possibly derive a more
positive outcome. We did not even have the chance to gamble.    I
feel violated and victimized. I am fully able to understand the
word "No, I will not provide you legal assistance"... I was not
told that and indeed I was told there was help available. I
foolishly and ignorantly remained passive until the 11th hour. I
hope this will never happen to another person who seeks help
"regardless of the outcome." We simply desired to be a lawful
couple and lead the rest of our lives legally and with the
blessing of the US.  Our lawyer denied us the chance to know if
that could ever happen. If it is acceptable, I wish to recommend
and publicly praise the wisdom, knowledge, patience, and
kindnesses extended to me from three lawyers who are published on
ILW.COM.  They were marvelous and horrified at that which has
happened to my husband.  For people seeking INS assistance,
please do not assume that "everything will be okay". Do not be
lulled into passivity.  Do not assume your lawyer is working for
you.  Do not be embarrassed of your ignorance of strange words,
questions, or the names and numbers of INS forms so that you
defer asking questions and expose your ignorance -vs- demanding
clarification.   My greatest appreciation and respect are
extended to the three attorneys, who have straight-forwardly
educated me and, at the same time, have destroyed any faith I had
in hope for people who genuinely seek to become legal and can
afford to pay for those services.    Elise Hines Knoxville, TN
http://www.ilw.com/lawyers/immigdaily/letters/2003,0910-Hines.shtm
_________________________________________________________________
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Marc Ellis, Gary Endelman

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