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Immigration Daily

 

Chinese Immig. Daily



The leading
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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
Gary Endelman, Esq., Columnist
Joel Stewart, Esq., Columnist
May 25, 2000
Contents:
Editor's Comments of the Day
Federal Register News of the Day
Cases of the Day
Congresstional News Of The Day
INS News of the Day
DOL News Of The Day
ILW.COM Featured Article of the Day
Immigration News of the Day
ILW.COM Highlights of the Day
ILW.COM Chats and Discussions of the Day
Letters to the Editor
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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.

Editor's Comments of the Day

The INS has issued notices extending the period for public comments on four INS forms-I-485, I-134, N-470 and I-847. Each of the comment requests allows for an additional 30 days as no comments were received in the past 60 days. The comment should address whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; enhancement of the quality, utility, and clarity of the information to be collected; and minimizing the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. If you think the INS forms ask for irrelevant information or take longer to complete than the INS estimates, then this is a chance to be heard. No comments were received in the past 60 days. Is that because the INS has done such a thorough job of designing the forms and estimating the time to complete them that no comment is required?


Federal Register News of the Day

Comment Request on I-485
The INS is extending for 30 days the period for public comments on the information collected on the Application to Register Permanent Residence or Adjust Status, and Supplement A to Form I-485.

Comment Request on I-134
The INS is extending for 30 days the period for public comments on the information collected on the Affidavit of Support I-134.

Comment Request on N-470
The INS is extending for 30 days the period for public comments on the information collected on the Application to Preserve Residence for Naturalization N-470.

Comment Request on I-847
The INS is extending for 30 days the period for public comments on the information collected on the Report of Complaint of the Border Patrol Division of the INS I-847.


Cases of the Day

Asylum Denied Where Former Spouse's Political Opinion Imputed to Petitioner
The 9th Circuit found in Belayneh v. INS, No. 98-70941(9th Cir., May 23, 2000), that there was substantial evidence to support the Board of Immigration Appeals' conclusion that the petition did not have a well-founded fear of persecution based on her former husband's imputed political opinion.

Persecution For Refusal to Join Guerilla Movement Not On Account of Political Opinion
In Rivera-Moreno v. INS, No. 98-71463 (9th Cir., May 24, 2000), the 9th Circuit upheld the Board of Immigration Appeals' denial of asylum for a nurse who refused to join the guerilla movements because she had no political opinion. The court found that she failed to demonstrate a nexus between her neutrality and any persecution she may have suffered.

Habeas Petition Denied for Indefinite Detention
[you need Acrobat to read this pdf file]

In Martinez v. INS, CV-99-1881 (M.D. Penn., May 17, 2000), the District Court denied a petition for a writ of habeas corpus and held that indefinite detention of an alien awaiting deportation is permissible as long as there are periodic reviews and the reviews establish that the alien is a flight risk or danger to the community.


Congressional News of the Day

House Passes Immigration And Naturalization Service Data Management Improvement Act of 2000
The House of Representatives passed by a voice vote the "Immigration And Naturalization Service Data Management Improvement Act of 2000" which focuses on an integrated entry and exit data system that will be funded, developed, and implemented by 2005.

House Approves Senate Amendments To Hmong Veterans' Naturalization Act Of 2000
The House approved the Senate amendment to the "Hmong Veterans' Naturalization Act Of 2000" which states that the Attorney General "may consider any documentation provided by organizations maintaining records with respect to Hmong veterans or their families."

House Committee on the Judiciary to Hold Hearing on ACWIA Status
The House Committee on the Judiciary, Subcommittee on Immigration and Claims is scheduled to hold an oversight hearing on the status of regulations implementing "The American Competitiveness and Workforce Improvement Act of 1998" on May 25, 2000, at 9:30 a.m.


INS News of the Day

ILW.COM invites the submissions of correspondence about matters of immigration law from government agencies. Submissions may be published. Please send to editor@ilw.com.


DOL News of the Day


DOL Issues GAL 1-00 on Availability and Use of OES Statistics
[you need Acrobat to read these pdf files]

The Department of Labor has issued its General Administration Letter 1-00 to all State Employment Security Agencies regarding the availability and use of occupational employment statistics survey data for alien labor certification prevailing wage purposes. Attachment A includes questions and answers and Attachment B is the definition of "Institution of Higher Education."


ILW.COM Featured Article of the Day

ILW.COM invites the submission of articles about immigration law. Please send articles to editor@ilw.com.


Immigration News of the Day

FBI Probes Weekend Slaying Of Immigrant By Border Patrol Agent
The Houston Chronicle covers the story of the investigation of the shooting of an undocumented alien by a Border Patrol Agent.

Exploring the Challenges of Immigration
USA Today provides statistics on the country of origin of, the destination of immigrants and the results of a poll about the attitudes towards immigrants.


ILW.COM Highlights of the Day

Make us your homepage!
If you make us your homepage, you can read the latest headline in the Immigration Daily or when the next chat is scheduled.


ILW.COM Chats and Discussions of the Day

Simultaneous H-1Bs
Is it possible to hold more than on H-1B at a time? Check the Discussion Board


Letters to the Editor


We encourage correspondence on any immigration related matters and comments on the ILW.COM site. Send letters to editor@ilw.com. Letters may be edited for clarity, legal and space considerations, and may be published and otherwise used in any medium.


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