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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 21, 2000
Contents:
Editor's Comments of the Day
Cases of the Day
Congressional 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

In three recent decisions, Chuchkov v. INS, No. 98-70687 (9th Cir. July 20, 2000), Abovian v. INS, No. 98-70934 (9th Cir. July 19, 2000) and Sidhu v. INS, No. 98-71363(9th Cir. July 20, 2000),the 9th Circuit has disagreed with decisions by immigration judges and the Board of Immigration Appeals to deny requests for asylum. In Sidhu the Court gave the Petitioner the benefit of the doubt in not producing corroborating evidence where the standard for such evidence was unsettled at the time. In Chuchkov the Court stepped in and determined that substantial evidence to support the BIA's decision was lacking. In Abovian the Court remanded the case to the BIA based on a denial of due process, a ground which the dissent argued was not even appropriately before the Court as it had not been briefed by the parties. The implications are clear. If you are going to apply for asylum be sure you are within the jurisdiction of the 9th Circuit.


Cases of the Day

Attorney General Cannot Denaturalize
In an en banc decision the 9th Circuit in Gorbach v. Reno, No. 98-35723 (9th Cir. July 20, 2000), affirmed a preliminary injunction preventing the Attorney General from denaturalizing citizens through administrative measures. The Court found that, " the 1990 statutory amendments shifted the power to naturalize citizens from federal and state courts to the Attorney General, but left intact the district court denaturalization process."

BIA's Adverse Credibility Finding Violation of Right to Due Process
In Abovian v. INS, No. 98-70934 (9th Cir. July 19, 2000), the Court held that Board of Immigration Appeal's adverse credibility finding absent a determination by the immigration judge and without affording the Petitioner the opportunity to establish his credibility was a violation of the right to due process. The dissent objected on the grounds that the question of Constitutional rights was not properly before the Court as it had not been briefed by the parties.

BIA's Determination Lacked Support of Substantial Evidence
In Chuchkov v. INS, No. 98-70687 (9th Cir. July 20, 2000), the 9th Circuit found that the Board of Immigration Appeal's determination that the Petitioner was not previously persecuted on account of political opinion lacked the support of substantial evidence where Petitioner suffered more incidents than could be discounted as coincidence, during the same period Petitioner received threatening telephone calls and Petitioner's employer was an arm of the government and aware of his political views.

Due Process Requires Second Opportunity to Produce Corroborating Evidence
In Sidhu v. INS, No. 98-71363(9th Cir. July 20, 2000), the 9th Circuit held that the discrepancies in Petitioner's testimony was not sufficient for the Board if Immigration Appeals to deny the petitioner's asylum claim and that due process principles require that he be given another opportunity to produce corroborating evidence as the standard was unsettled at the time of the hearing and the review by the BIA.

Decision Not to Depart from Sentencing Guidelines Not Unconstitutional for Alien
[You need Acrobat to read this file.]
The 8th Circuit in US v. Navarro, No. 99-3884NI (8th Cir. July 17, 2000), found that the District Court's recognition of its authority to depart downward frorm the sentencing guidelines and the exercise of its discretion not to do so did not have the unconstitutional effect of subjecting the Defendant to harsher conditions of confinement because of his alienage in violation of his right to due process.


Congressional News of the Day

H.R. 4887 Introduced to Committee on the Judiciary
Bill H.R. 4887 was introduced by Rep. Owens and referred to the Committee on the Judiciary. This bill would amend the Immigration and Nationality Act to provide for legal permanent resident status for certain undocumented aliens.

Testimony for H.R. 3038, the "Battered Immigrant Women Protection Act of 1999"
Testimony presented to the Committee on the Judiciary Subcommittee on Immigration and Claims during the July 20, 2000, legislative hearing on the "Battered Immigrant Women Protection Act of 1999," includes statements from Lamar Smith, Janice Schakowsky, Barbara Strack, Dwayne "Duke" Austin, Jackie Rishty, Leslye Orloff, Maria Oritz and Bree Buchanan.

H.R. 2961 Referred to Senate
H.R. 2961, which would amend 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, has been referred to Senate Committee on the Judiciary.


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.


DOL News of the Day

Department of Labor Announces ACWIA Funds Grants
The Department of Labor announced the second of three rounds of demonstration grants for the training of American workers for high-skill jobs in areas where companies are facing labor shortages. The $29 million in grants is part of nearly $80 million the Labor Department will invest this year from fees received through the H1-B visa program that allows companies to hire temporary foreign workers.


ILW 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

Disabled Woman's Family Says INS Denial of Citizenship is Discriminatory
Indian American parents are suing the INS to allow their daughter to become a US citizen. The citizenship petition was denied due to her physical disability which does not allow her understand the oath of allegiance as required by law.

Labor Contractor Charged After Remarks to Newspaper
According to KnoxNews.com, after a Mexican labor contractor made some improvident remarks to a newspaper reporter, an INS undercover investigation ensued which culminated in the arrest of the contractor and his brother for transporting, harboring and employing undocumented Mexican field hands and restaurant workers.


ILW Highlights of the Day

Make Yourself Heard In Public Chats!
If you are an immigration attorney, an advocacy organization member or a professional associated with the immigration field who would like to chat with the site users, write to webmaster@ilw.com


ILW.COM Chats and Discussions of the Day

Can Residency Be Denied Due To an Arrest in Which Charges Were Consequently Dismissed And All Charges Dropped?
A poster on the discussion board asks, "once granted C(9) employment authorization petitioned by US citizen spouse for 36 months, can residency be denied due to an arrest in 1992 for possession of controlled substance, in which charges were consequently dismissed and all charges dropped, be a cause for denial of residency? If so, is suspension of deportation a way to go for next steps to keep a single mother of us children who is not nor has ever received any government assistance?"


Letters to the Editor

Dear Editor,
Your site is absolutely outstanding, very informative and is a great public service. I'm kicking myself for not having thought of your daily format idea before you did! Now each day, in addition to checking the AILA Infonet site, your site is must reading, as well. The site has sure come a long way since I was an initial member many years ago. In fact, I'm seriously thinking of signing on again. Keep up the good work towards a more positive and enlightened immigration climate before spitting on the sidewalk becomes an aggravated felony too.

As always, best regards,
Bob Beer, Esq. Immigration Attorney Marietta, Georgia

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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