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The leading
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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Editor
Marc Ellis, Esq., Chat Transcripts Editor
Gary Endelman, Esq., Columnist
Joel Stewart, Esq., Columnist
June 2, 2000
Contents:
Editor's Comments of the Day
Federal Register News of the Day
Cases of the Day
INS News 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 11th Circuit released its ardently anticipated decision in Gonzalez v. Reno, No. 00-11424 (11th Cir. June 1, 2000). The Court framed the case as about, "the separation of powers under our constitutional system of government: a statute enacted by Congress, the permissible scope of executive discretion under that statute, and the limits on judicial review of the exercise of that discretion." Even though the INS did not renew its jurisdictional arguments raised in the District Court, the Circuit Court on its own considered its subject matter jurisdiction over the appeal indicating courts continuing unease in reviewing INS decisions in the wake of IIRAIRA. The Court noted that the "case is about the discretion of the executive branch to make policy, not about the ministerial enforcement of the "law" by executive officials." Within this framework, the court found the "policy decision that the INS made was within the outside border or reasonable choices," and "the INS did not abuse its discretion or act arbitrarily in applying the policy" in rejecting Elian's asylum applications. [You need Acrobat to read this file]


Federal Register News of the Day

Comment Request on Form 9003
The Department of the Treasury has submitted Form 9003 to the Office of Management and Budget for Clearance.


Cases of the Day

Court Sides with INS in Gonzalez v. Reno
[you need Acrobat to read this file]
The 11th Circuit in Gonzalez v. Reno, No. 00-11424 (11th Cir. June 1, 2000) found that the INS does not have to hear Elian Gonzalez's asylum claim holding that the INS was entitled to make a policy decision on procedures for the filing of asylum claims and it did not abuse its discretion or act arbitrarily in applying that policy to reject the asylum applications filed in Elian's case.

Using a False Social Security Card to Work is Not a Crime of Moral Turpitude
In Beltran-Tirado v. INS, No.98-70783 (9th Cir., May 31,2000), the 9th Circuit held in a 2-1 ruling that Beltran-Tirado did not commit a crime of moral turpitude within the meaning of the INS Act when she used another woman's social security card to work and establish her own credit in the US for the past nineteen years. The Court based its ruling on legislative history and the fact that the Beltran-Tirado's use of the social security number was to "engage in otherwise lawful conduct."


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.

INS To Continue Interim Measures for VWPP
ILW.COM has been informed in an e-mail from the INS that "it is the intention of INS Inspections, in anticipation of Congress' passage shortly of extension of the VWPP, to continue to accommodate VWPP-eligible aliens via the parole mechanism used during May 2000"


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

Honduran Children Take a Risky Journey to Escape Poverty and Deal Cocaine
The Seattle Post-Intelligencer writes that young boys fleeing poverty in Honduras are turning to selling drugs on the most notorious crime street of Vancouver and are becoming increasingly vulnerable targets for exploitation in international drug rings

The Japan That Can Say Yes
According to Newsweek, after centuries of insularity and racial purity, a new consensus is emerging in Japan to tolerate diversity and modify the immigration system so that foreigners may reside permanently and legally in Japan. A United Nations study suggests that Japan must bring in 600,000 foreign laborers a year to maintain its present level of economic output.

Mexican Town Declares War on US
FoxNews reports that the Mexican border town of Agua Prieta claims that the US border patrol is dumping expelled illegal immigrants into their town. The town plans to retaliate by offering free legal advice and teaching immigrants their rights in the US encouraging them to request an immigration court hearing. INS officials fear this will cause gridlock in federal courts.


ILW.COM Highlights of the Day

"Find A Lawyer" Is One of Our Most Popular Features
You can search our database of more than 300 immigration attorneys in the United States and Canada by location, area of practice, language at http://vip.ilw.com


ILW.COM Chats and Discussions of the Day

Visa Waiver Program and Marriage to US Citizen
It is possible for aliens who enter under the Visa Waiver Pilot Program to adjust to permanent resident status if they marry a US citizen. If you have experience with this share it with the poster on the Discussion Board.


Letters to the Editor

For The Last Nine Months I Have Been Suffering in a Living Hell
I have been waiting, fighting and waiting some more to obtain a visa for my wife and three children to join me in the states…. It is a problem that has created almost unbearable mental, physical and financial hardships for Americans, but no one wishes to get involved or to correct it….

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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