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American
Immigration LLC.


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
July 10, 2000
Contents:
Editor's Comments 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
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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 an article carried on the ABC News website there are approximately 5,000 Haitian refugees - with about 3,000 American-born children - whom the United States now wants to remove because they used falsified papers to enter the country. This represents a small percentage of families facing an impossible choice. Should the children stay in the country where they were born, in familiar surroundings and with unlimited opportunities without their parents and encounter the possibility of never to seeing their parents again? Or should they remain with their parents and return to a country in economic distress where a majority would face a bleak childhood with few educational and developmental opportunities? For families in removal proceedings, the existence of a US citizen child is seldom a defense. Congress' concern is that if they made being the parent of a US citizen child a means to gain permanent resident status, expecting families would be drawn to the US in hopes of gaining full immigration benefits by having a child born on American soil. Courts have not been sympathetic to challenges to Congress plenary power in immigration matters. The current scheme forces parents to make a decision between dragging their children to poverty or making the supreme sacrifice of love in abandoning their children in hopes they will find a better life. How do we explain to the US citizen children that this is the American way?


Cases of the Day

District Court has Jurisdiction to Hear Habeas Petition
The 11th Circuit Court of Appeals in Akinwale v. Reno, No 99-10823 (11th Cir. June 30, 2000), found that the district court had jurisdiction to hear a habeas petition regarding the retroactive application of AEDPA sec. 440(d) from a petitioner subject to IIRIRA's transitional rules, who was subject to a final order of deportation and where the petition for direct review of the BIA's decision had been or would have been dismissed by the Court.

Deportation of Alien Witness Not a Violation of Constitutional Rights
In US v. Perez, No. 99-20500, (5th Cir. June 29, 2000), the Court upheld a conviction for aiding and a betting the harboring of an alien rejecting all of the defendant's arguments including that the swift deportation of potential witnesses was a violation of the sixth amendment right to compulsory process and fifth amendment right to due process.


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 Release of Public Charge Information in Foreign Languages
[You need Acrobat to view these files]
INS releases its May 1999 Public Charge Fact Sheet in Chinese, Korean, Vietnamese and Thai, and also releases the Public Charge Questions and Answers sheet in Chinese, Korean, Vietnamese and Thai.


ILW.COM Featured Article of the Day

ILW.COM invites the submission of articles about immigration law from attorneys, paralegals, foreign student advisors, human resources personnel, scholars and those whose lives have been effected by the laws.Please send articles to editor@ilw.com.


Immigration News of the Day

Humane Plans for Latin Migrants
The Financial Times looks at the recent events in Los Angeles as evidence of growing solidarity within the Latino population, which has been known traditionally for its fragmentation and meek acceptance of the status quo.

Black Tech Workers Oppose Bills to Increase Foreign Visas
The Atlanta Journal-Constitution reports that black engineers, scientists and computer specialists charge that politicians are scrambling to satisfy high-tech industry demands for more skilled foreigners, while minority Americans are being excluded from well-paying mid- and high-level technical and scientific jobs.

China's Other Export: Human Contraband
The Christian Science Monitor provides an update on INS Commissioner Doris Meissner's trip to China and her attempts to try to drum up support for a joint clampdown on illegal, would-be trans-Pacific migrants.

A Parental Dilemma
ABC News discusses the plight faced by thousands of Haitian refugees as they make desperate pleas to prevent their deportation and the predicament their US born children face - to leave their country or leave their parents?


ILW.COM Highlights of the Day

Directory of Attorneys
ILW.COM will soon be adding over 150 immigration attorneys to the 300 attorneys currently listed in its database. You will be able to visit them at http://www.ilw.com/findlawyer


ILW.COM Chats and Discussions of the Day

Chat with Robert Hollander, Esq.
Attorney Robert Hollander, Esq. will answer questions on all aspects of immigration law Monday, July 10, 2000, at 9:00 p.m. ET. Question will be accepted 15 minutes prior to the chat.


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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