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Editor's Comments of the Day
In In re Perez Int. Dec. 3432 (BIA June 6, 2000), [You will need Acrobat to read this file] the BIA terminated removal proceedings finding that despite including the word burglary, the offense of burglary of a vehicle under the Texas Penal Code was not considered a "burglary offense" under federal law and thus was not an aggravated felony as defined in the INA. Now in Ye v. INS, No. 98-70784 (9th Cir. June 9, 2000), the 9th Circuit joins the 5th and 7th Circuits in applying the generic understanding of the term burglary for purposes of the Immigration and Nationality Act. There is an emerging consensus among the courts that for immigration purposes, burglary is not burglary.
Cases of the Day
9th Circuit Finds Petitioner's Crime of Vehicle Burglary Under California Penal Code is Not an Aggravated Felony
In Ye v. INS, No. 98-70784 (9th Cir. June 9, 2000), the 9th Circuit determined that because Ye's
conviction of vehicle burglary under the California Penal Code does not fall into the uniform definition
given in Taylor v. US, it does not fit within the definition of "burglary" in U.S.C. s. 1101 (a) (43) (G). The Court also concluded that since entry into a locked vehicle is not essentially "violent in nature" and the risk of violence against a person or property is low, vehicle burglary is not a "crime of violence" under 8 U.S.C.
s. 1101 (a) (43) (F).
Congressional News of the Day
Honoring Edward Weiss
Rep. Eliot L. Engel of New York honors Edward Weiss who is retiring from the INS after 30 years of service.
INS News of the Day
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ILW.COM Featured Article of the Day
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Immigration News of the Day
Backing of Illegal Immigrants Misses Big Picture
A commentary in the Chicago Tribune states that unions are turning the entire immigration process on
its head by arguing that because illegal workers are sometimes discriminated against, they should be organized and protected by American unions. The author points out that the real problem is that because they are here illegally they are being used and abused.
Undocumented Kids Won't Be Sent To INS
The Houston Chronicle reports on an agreement called the first of its kind that will allow Bexar County in Texas to turn over undocumented juvenile delinquents directly to the Mexican Consulate instead of the INS.
Judges Debate Bail Ban on Detainees Being Deported
Oregon Live reports that a dubious federal appeals court recently debated the constitutionality of a federal law barring bail hearings for criminals awaiting deportation.
ILW.COM Highlights of the Day
ILW.COM Launches New Logo!
The new logo incorporates The Statue of Liberty, enduring symbol of welcome to immigrants. We would love to hear your opinion; please respond to email@example.com
ILW.COM Chats and Discussions of the Day
New Chat Transcripts
Check the transcripts of the chat sessions with attorneys Greg Siskind and Marc Ellis for answers to your immigration questions.
Letters to the Editor
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