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The leading
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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Asst. Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
Gary Endelman, Esq., Columnist
Joel Stewart, Esq., Columnist
June 20, 2000
Contents:
Editor's Comments of the Day
Cases of the Day
INS News of the Day
DOL 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

According to the Florida Sun-Sentinel, several complaints have recently been made to the Florida Bar claiming that immigration attorneys are unscrupulously charging for services they cannot deliver. The accusations center on the extension of the Temporary Protected Status program which has set off a flurry of frantic activity as community groups try to inform the public, attorneys scramble to complete paperwork and immigrants step forward to see whether they qualify. Licensing laws vary from state to state. An attorney's standing can be checked by contacting the state bar association. In some states people can hold themselves out to be "notarios" and offer immigration advice with little or no oversight or regulation. Unfortunately, there are unscrupulous notarios who prey on the most vulnerable-those who do not understand the language or laws of the country where they find themselves. Those who prey on the trusting and unsuspecting in this way harm not only their victims, whose opportunities for immigration benefits may be compromised, but the whole field of immigration. Anyone who guarantees a result with the INS is not telling the truth.


Cases of the Day

Civil Detention by INS Does not Automatically Start Clock for Speedy Trial Act
The Fifth Circuit in US v. Pena, Nos. 98-41565, 99-20479(5th Cir. June 13, 2000), held that civil detention does not start the clock for purposes of the Speedy Trial Act which requires federal authorities to indict and try an incarcerated individual within a certain time period after his arrest. The Court follows the 9th Circuit in recognizing an exception to the rule where the civil detention is a mere ruse to detain a defendant for later criminal prosecution.

Physical Contact Not Required for "Sexual Abuse of a Minor"
In US v. Zavala, No. 99-50911(5th Cir. June 13, 2000), the 5th Circuit found that no physical contact is required to meet the definition of "sexual abuse of a minor" as an aggravated felony under the Immigration and Nationality Act.


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.

AAO Decision Regarding H-1B for Software Design Engineer
The Office of Administrative Appeals granted an H-1B for a software design engineer concluding that the position was a specialty occupation. The AAO rejected the District Director's initial findings of agency, speculative employment, and the Director's request for work-site contracts as well as an inquiry into the ability of the petitioning company to pay the offered wage.

Procedural Guidance on Admission and Adjustment of Status for Refugees
This INS memorandum explains the requirements for and the filing of I-730 (Refugee/Asylee Relative Petition) and I-485 (Application to Adjust Status) applications as well as information regarding refugee travel packets, A-File creations, work authorization, processing requirements, permanent resident status, naturalization and citizenship.

INS FY 2000 Resource Enhancements for Arizona
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Border Patrol staffing figures for Arizona border sectors.

INS FY 2000 Resource Enhancements for Texas
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Border Patrol staffing figures for Texas border sectors.

INS FY 2000 Resource Enhancements for California
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Border Patrol staffing figures for California border sectors.

INS Deploys New Border Patrol Agents and Detention Positions
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INS plans to deploy 616 new personnel, including 430 new Border Patrol agents. This deployment focuses on enhancing the security of US borders and removing illegal aliens.

INS FY 2000 Enhancement Resources for Detention
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Figures pertaining to detention resources allocated for detention officers, deportation officers and support staff.

INS FY 2000 Resource Enhancements for Northern Border and Coastal
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Resources for Border Patrol staffing for the northern border and coastal sectors.


DOL News of the Day

More News from the AILA Conference
The DOL has submitted to Congress its plan to eliminate the backlogs at both the SESAs and regional offices no latter than the end of Fiscal Year 2001. DOL officials suggested that the backlog reduction would not be achieved through notices of findings and remands. The implication is that the DOL will certify large numbers of cases with minimal review.

Harry Scheinfeld, Esq., Counsel for Litigation of the Employment and Training Administration of the DOL, and Jim Norris, Special Counsel to the Foreign Labor Certification Division, both expressed their frustration at repeated AILA claims of regional inconsistencies in processing labor certification cases. AILA representatives have agreed to provide DOL with evidence of the inconsistencies.


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

Quiet Reprieve for HIV Refugees
The Christian Science Monitor reports that HIV-positive persons determined by INS to meet the refugee definition now face a simpler waiver process and a greater likelihood of being admitted to the US.

Valley May Lose Tech - Visa Boost
The San Jose Mercury News explains how the Silicon Valley may lose one of its highest priorities this year- gaining tens of thousands more visas for much-desired tech workers from overseas - because a battle for Latino votes in November's presidential election has stalled legislation.

Immigration Attorneys Under Fire
According to the Florida Sun-Sentinel, several complaints have recently been made to the Florida Bar claiming that immigration attorneys are unscrupulously charging for services they cannot deliver. The accusations center on the extension of the Temporary Protected Status program which has set off a flurry of frantic activity as community groups try to inform the public, attorneys scramble to complete paperwork and immigrants step forward to see whether they qualify.

British Police Find 58 Bodies in Truck
USA Today reports that while searching a suspicious truck, British customs officials in Dover, England discovered the corpses of 58 illegal immigrants packed into a space that was supposed to hold a cargo of tomatoes. Dover is a major point of entry to Britain for illegal immigrants.


ILW.COM Highlights of the Day

Free Web Page
As an immigration attorney, have you signed up for a free Webpage yet? To do so, please visit http://www.ilw.com/membership


ILW.COM Chats and Discussions of the Day

Travel While Application is Pending
What happens if you need to travel after your I-485 is filed but before it is adjudicated? Share your experience on the discussion board.


Letters to the Editor

Immigration Policies Of The Developed Countries
Mr. Gary Endelman's article entitled "Immigration and Geopolitics in the Digital age" aptly summarizes the present day social compulsions and the economic competition among the developed countries which shape their immigration policies and how these policies would or should change in tune with the challenges posed by the digital age….. (Read the whole letter by clicking on headline above).

Very Truly Yours,
Sameer Kumar

The History of Arab Immigration to Chile 1850 -2000
Dear Sir,

Thank you very much for accepting me as one of your subscribers. I would like to inform you that I am a Jordanian Diplomat, working in the Ministry of Foreign Affairs in Amman. For the time being I am the Head of The European and American Organization Desk, and Euro-Mediterranean Partnership Desk. At the same time I am preparing a Ph.D. programme at the Universite de La Sorbonne in Paris. The title of my thesis is L'Histoire de L'Immigration Arabe au Chile. (The History of Arab Immigration to Chile 1850 -2000). I would appreciate it if you could provide me with any materials or literature related to this project (I am doing it in French) whether in French, English, Spanish or Arabic.

Sincerely Yours,
Muwaffaq Ajlouni 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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