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Editor's Comments of the Day
Steven Richards, Esq. of Carroll & Scribner was kind enough to provide to ILW.COM a copy of a decision from the Office of
Administrative Appeals overturning the Vermont Service Centers Director's denial of an application for a waiver of the 212(e)
two year home residency requirement. We encourage others to share correspondence. For attorneys, it is an opportunity to show
our thousands of readers where you have been successful. It is a way to let other attorneys know what arguments have been
successful. It also is a way to help foster realistic expectations among employers and aliens by educating them on how certain
statutes and regulations are interpreted. If you have correspondence from the INS, the Department of Labor or the Department of
State related to immigration, share it. You will be performing a public service. Send to firstname.lastname@example.org. ILW.COM provides the
means, you share the wealth.
Cases of the Day
Ninth Circuit Rules that IIRIRA sec. 309(c)(4)(G) Divests the Court of Jurisdiction
In Alfaro-Reyes v. INS, No. 97-70443, (9th Cir. August 3, 2000) the 9th Circuit ruled that IIRIRA sec. 309(c)(4)(G) divests the
court of jurisdiction to hear claims of constitutional error on direct appeal from a decision of the Board of Immigration Appeals.
The Court determined that in view of the enactment of AEDPA sec. 440(d) Petitioners convicted of controlled substance
violations are statutorily ineligible for a discretionary waiver of deportation, but are free to pursue relief by petition for
a writ of habeas corpus.
Ninth Circuit Precluded from Hearing Case Under IIRIRA sec. 309(c)(4)(G)
In Luu-Le v. INS, No. 97-70595, (9th Cir. August 3, 2000) the Court held that Luu-Le's conviction for possession of drug
paraphernalia under Arizona law was a conviction relating to a controlled substance. Under IIRIRA's transitional rules the
Court dismissed the appeal finding that IIRIRA sec. 309(c)(4)(G) precluded the Ninth Circuit from reviewing Board of Immigration
Appeals decisions where the Petitioner is ineligible for 212(c) relief.
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Court Lacks Jurisdiction to Order INS to Issue Visa
In El Hindi v. McELroy, No. 99 Civ. 6110, (S.D.N.Y. July 2000) the Plaintiff was denied a visa under the DV lottery because
the FBI failed to complete the fingerprint check before the end of the fiscal year. The Court ruled that it lacked
jurisdiction to provide Petitioner with a remedy and dismissed the complaint as moot.
INS News of the Day
AAO Remands for Waiver of 212(e)
The Office of Administrative Appeals sustained the appeal of a denial of a request for a waiver of the 212 (e) two-year home
residency requirement where there was evidence of the applicant's US citizen spouse's psychological problems, his inability
to adapt to foreign cultures and his financial dependence on the applicant.
Immigration News of the Day
Laid-Off Immigrants to Get Help
According to the Dallas News, a review of contracts and Treasury Department regulations led the IRS to request the removal of
13 foreign workers from an IRS project. The company that ran the project said it would not let any of the 13 programmers lose
their visas which require them to be continuously employed to stay in the country.
Lvcitylife.com reports that the Culinary Union alleges the nonunion Rio hotel-casino is engaged in an orchestrated campaign to
intimidate new immigrant employees. The union contends that Rio managers are harassing, threatening, demoting, suspending and
in some cases firing new immigrants to try to derail union organizing efforts.
ILW.COM Highlights of the Day
Did you know that you could print INS forms on our site?
Visit Immigration Forms to download and print.
ILW.COM Chats and Discussions of the Day
Chat with Attorney Kevin Levine
Kevin Levine, Esq., will answer questions on all aspects of immigration
law Monday, August 7, 2000, at 9:00 p.m. Eastern Time (2:00 a.m. GMT). Questions will be accepted 15 minutes prior to
the start of the chat.
Letters to the Editor
The Plight of Undocumented Hispanic Victims of Rape
This is a copy of letter originally sent to the editor of the Anchorage Daily News, Anchorage, Alaska, in the wake of a radio broadcast about the plight of undocumented Hispanic victims of rape:
Dealing with the humiliation, the agony and obscenity of rape must be an excruciating experience. Imagine encountering rape and you can't go to the authorities…. (Read the letter here)