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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
August 8, 2000
Contents:
Editor's Comments of the Day
Federal Register News of the Day
Cases 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. Correspondence to editor@ilw.com. Letters may be edited and may be published and otherwise used in any medium.

Editor's Comments of the Day

According to an article in the Memphis Commercial Appeal thieves target immigrants because they think most of them are illegal and, therefore, don't have bank accounts and carry cash around. Exacerbating the problem, many Hispanics are unlikely to report crime because they fear the federal Immigration and Naturalization Service, police brutality or not being able to communicate in English. Memphis is trying to attack both sides of the problem. Banks are using the Spanish media to let people know they can open bank accounts with a taxpayer ID number if they do not have a social security number. The police are actively recruiting more Hispanic officers and meeting with community leaders to assure them that the department's goal is to reduce crime, not act as an enforcement arm for the INS. Simply because a person is present in the United States without the knowledge or approval of the INS does not mean he should be subject to a greater fear for his safety, or his life.


Federal Register News of the Day

Comment Request for Form I-589, Application for Asylum and for Withholding of Removal
The Asylum Division of the INS has requested comments on Form I-589, Application for Asylum and for Withholding of Removal. Information collected on this form is used to determine whether an alien applying in the US for asylum and/or withholding of removal is classifiable as a refugee, or eligible for protection under the Convention Against Torture, and therefore eligible to remain in the United States. Comments will be accepted until October 6, 2000.

Comment Request for Form I-94A OT, Arrival Record
The Inspections Division of the INS has requested comments on Form I-94A OT, Arrival Record. The information collected is captured electronically as part of a pilot program established by the INS. It will be used to document an alien's arrival and departure to and from the US and may be evidence of registration under certain provisions of the INA. Comments will be accepted until October 6, 2000.


Cases of the Day

Seventh Circuit Rules that INS Did Not Violate IRCA's Confidentiality Provision
In Arreola-Arellano v. INS, No. 99-4112, (7th Cir. August 3, 2000) the Court affirmed the Board of Immigration Appeal's decision. The Court found that the INS had not violated IRCA's confidentiality provision as the sequence of events showed that they had charged the alien with deportation before looking at his legalization application.

"Payment" Can Refer to Something Besides Money and District Court Cannot Impose Tolling Conditions
[You need Acrobat to read this file.]
The 8th Circuit in United States v. Juan-Manuel, No. 99-224, (8th Cir. August 3, 2000) agreed with the District Court that the defendant's expectation to receive forgiveness of a debt for his own smuggling in exchange for transporting other aliens qualified as payment and defendant was not entitled to a three-level reduction under the sentencing guidelines. The Court determined that supervised release could not be tolled during any time the defendant was outside the United States or illegally within the country with his whereabouts unknown to the probation office.

Possession of a Counterfeit Obligation is an Aggravated Felony
In Albillo-Figueroa v. INS, No. 98-71239, (9th Cir. August 4, 2000) the Court upheld the Board of Immigration Appeal's determination that a conviction for possession of counterfeit currency is an offense "relating to counterfeiting," and so an aggravated felony. Since petitioner had been convicted of an aggravated felony the Court lacked jurisdiction to hear the appeal

No Due Process Right to Judicial Review
In Escalera v. INS, No. 99-9512, (10th Cir. August 1, 2000), the 10th Circuit found that under the transitional rules of IIRIRA it did not have jurisdiction to hear the Petitioner's case because it had commenced before April 1, 1997 and the final order was entered after October 30, 1996. The Court found that the statute was jurisdictional and rejected the claim that the alien had a due process right to judicial review.


Immigration News of the Day

The INS Mess
An opinion piece in the Washington Post offers an example of the INS inefficiency and calls for the allocation of additional funds to eliminate the current processing backlogs.

Hispanics Unlikely to Report Crime, Police Say
According to the Memphis Commercial Appeal many Hispanics are unlikely to report crime because they fear the federal Immigration and Naturalization Service, police brutality or not being able to communicate in English. In an effort to convey the message that their priority is fighting crime and not reporting people to the INS, Memphis police are increasing the number of Hispanics on the force and meeting with community leaders.


ILW.COM Highlights of the Day

Share Your Opinion About the Site With Thousands of Site Visitors
If you found our Web site valuable, let it to be publicly known. We would include your comment, name (if you choose), location and profession in the testimonial section. Please respond to communication@ilw.com


ILW.COM Chats and Discussions of the Day

Help Needed!
We recently were presented with the following situation. Contrary to the way it sounds, this is not a question from a sadistic immigration law professor, but is a real predicament.

An alien arrived under the visa waiver pilot program and within 14 days got married. He was granted voluntary departure eight or nine years ago. On entry the INS asked him the requisite questions. He did not tell them about his voluntary departure. INS did not have him in their computers. He is HIV positive. His wife knows. His wife does not meet the income requirements for the affidavit of support. What does his wife do for a living? It is legal, but not necessarily reputable.

What would you do? Post a response on the discussion board.


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