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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
Gary Endelman, Esq., Columnist
Joel Stewart, Esq., Columnist
July 20, 2000
Contents:
Editor's Comments of the Day
Cases of the Day
Congressional 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

In Agbuya v. INS, No. 98-70965 (9th Cir. July 18, 2000), the 9th Circuit found that the petitioner had suffered persecution on account of her political opinion despite the fact that she claimed that she did not take sides. The Court followed its precedent in Sangha v. INS, 103 F.3d 1482 (9th Cir. 1997), in focusing the analysis on how the persecutors perceived the applicant's actions and allegiances and what motivated their abuse. The dissent in Agbuya argues that because the petitioner was released only after her family paid a ransom, granting asylum on the grounds of imputed political opinion conflates an economic motivation with a political one. The petitioner's uncontested evidence was that her captors had explained that they objected not only to her specific employment-related actions, but also to her "wrongdoings to the laborers of the Philippines." The dissent may be correct that the majority conflates both political and economic motives, but this does not mean that petitioner's well-founded fear is not on account of political opinion-even if that opinion is in the minds of the persecutors.


Cases of the Day

Persecution on Account of Imputed Political Opinion Leads to Asylum
In Agbuya v. INS, No. 98-70965 (9th Cir. July 18, 2000), the 9th Circuit found that despite petitioner never having stated a political opinion, she suffered persecution on account of her political opinion imputed by her persecutors.

Agency Cannot Limit Court's Ability to Review Action
The Circuit Court in Nagahi v. INS, No. 98-4191 (10th Cir. July 14, 2000), found that where the Court had statutory jurisdiction to hear appeals of naturalization decisions, it was beyond the authority delegated to the INS to limit the time in which such appeals could be filed.

District Court Dismisses Writ of Habeas Corpus
The District Court in Chmakov v. INS, No. 00-2128,( E.D. Penn. June 27,2000), dismissed the petition for writ of habeas corpus for lack of subject matter jurisdiction. The Court ruled that the issues presented could not be assessed by a district court before they were examined by the Board of Immigration Appeals, the responsible administrative tribunal.

Not Filing INS Forms in Not Malpractice
[You need Acrobat to read this file]
In Borsuk v. Jeffries et al., No. 98 Civ. 4088 (WK) (S.D. N.Y. July 18, 2000), the District Court granted summary judgment to the Defendants against a claim for legal malpractice and breach of contract alleging failure to file forms in a timely manner because, "ultimate approval, if at all…resided within the discretion of the INS."


Congressional News of the Day

House Passes H.R. 2909, Intercountry Adoption Act of 2000
The House of Representatives passed H.R. 2909, a bill to provide for implementation by the United States of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. The bill will amend sections of the Immigration and Nationality Act relating to children adopted from convention countries.

House Passes H.R. 2961, International Patient Act of 2000
The House of Representatives passed H.R. 2961, International Patient Act of 2000, which amends the Immigration and Nationality Act to authorize a three-year pilot program under which the Attorney General may extend the period for voluntary departure in the case of certain nonimmigrant aliens who require medical treatment in the United States and were admitted under the Visa Waiver Pilot Program.

Witness List for Legislative Hearing on H.R. 3083, " Battered Immigrant Women Protection Act of 1999"
The witnesses to testify on July 20, 2000, before the Committee on the Judiciary Subcommittee on Immigration and Claims regarding H.R. 3083, the "Battered Immigrant Women Protection Act of 1999," are Janice Schakowsky, Barbara Strack, Dwayne "Duke" Austin, Jackie Rishty, Leslye Orloff, Maria Oritz and Bree Buchanan.

Honoring Gioacchino Balsamo For A Lifetime Of Achievement On His 90th Birthday
In a message to the House of Representatives, Rep. Rosa L. DeLauro honored Gioacchino Balsamo for his contributions in assisting Italian immigrants adapt to their new life in America.


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.


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

Deportation Process a Concern for Panel
According to LAW.com in a case before the Ninth Circuit a panel of three judges questions whether the INS violates the due process rights of immigrants in many deportation proceedings.

Studies Look at Issues of Immigrants, Insurance
USA Today discusses two recent studies that examine the relationship between immigration and the growing proportion of uninsured immigrants.

German Population Grows, But Not Because of Birth Rate
CNN.com reports that Germany's population grew slightly in the 1990's only because of immigration and this surplus is at the heart of Germany's bitter immigration debate, with more politicians accepting the need to rejuvenate the aging population through immigration to ease strains on the state pensions system.

Pair Ran Illegal Immigrants Scam
The Guardian Unlimited reports that a former Gatwick Airport immigration officer and a lawyer have been convicted of allowing hundreds of illegal immigrants to stay in the UK.


ILW.COM Highlights of the Day

Foreign Languages
Did you know that we have immigration information in Chinese, French, German, Japanese, Portuguese and Spanish?


ILW.COM Chats and Discussions of the Day

Chat with Greg Siskind, Esq.
Attorney Greg Siskind will answer questions on all aspects of immigration law on Thursday, July 20, 2000, at 9:00 ET. Questions will be accepted fifteen minutes prior to the scheduled chat time.


Letters to the Editor

Honor Killings and Asylum
In a message dated 07/12/2000 5:50:01 PM Eastern Daylight Time, editor@ilw.com writes: "Maybe to be added to the list are 'princesses who marry beneath their station.' " I don't find your pithy comment amusing. Honor killings are more than "not unknown" in such countries. They are a real danger, and this woman's case should not be treated with contemptible comments like yours merely because she is a princess. Being a princess does not shield her from the very real possibility of death because she has betrayed the family "honor." Without a doubt, women facing honor killings should be included in the list of protected classes of asylum law. Marisa DeFranco, Esq. Peabody, MA

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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