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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 9, 2000
Editor's Comments of the Day
Federal Register News of the Day
Cases of the Day
ILW.COM Featured Article 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 Letters may be edited and may be published and otherwise used in any medium.

Editor's Comments of the Day

A common misunderstanding is that anyone who has a legitimate fear of persecution is eligible for asylum. Asylum can only be granted if there is a well-founded fear of persecution based on one of five enumerated grounds-race, religion, nationality, membership in a social group or political opinion. The definition of social group has been stretched to cover many situations, but not victims of domestic violence in societies where such violence is socially acceptable. In a recent decision an Immigration Judge granted withholding of removal under the Convention Against Torture (CAT) to a victim of domestic violence who had previously been denied asylum. Under CAT no one can be removed to a country where the person will face torture. Granting withholding to victims who face torture and possible death is consistent with American ideals of justice. Being the victim of domestic violence may not make someone eligible for asylum, but the law still has a way to prevent people from being returned to countries where they will suffer torture or death.

Federal Register News of the Day

Foreign Trusts That Have US Beneficiaries
The Internal Revenue Service has proposed a change in the regulations governing pre-immigration trusts and transfers of property by US persons to foreign trusts having one or more US beneficiaries.

Cases of the Day

IIRIRA Does Not Retroactively Repeal Discretionary Relief
[You need Acrobat to read this file.]
In Arias-Argamonte v. Commissioner of INS, No. 00 Civ. 2412 (RWS) (S.D.N.Y. July 31, 2000) the court found the Board of Immigration Appeals had based its reversal of the Immigration Judge's grant of relief to Arias-Argamonte on an incorrect determination that Congress intended IIRIRA to eliminate discretionary relief for any alien whose removal proceedings commenced after April 1, 1997. The court ruled that the BIA erred in its statutory interpretation, restored the decision of the Immigration Judge and granted the Petitioner's writ of habeas corpus

ILW.COM Featured Article of the Day

Summary Of A Recent Decision Granting CAT Relief To A Victim Of Domestic Violence
Denise Visconti and Lori Nessel, of the Immigration Law Clinic, Seton Hall University School of Law, Center for Social Justice summarize the case of Diebo Kuna who was granted withholding of removal under the Convention Against Torture after being held for 28 months in an INS detention center and being denied asylum by both an Immigration Judge and the Board of Immigration Appeals.

Immigration News of the Day

The Outsiders: How Do You Teach English to Asylum Seekers and Refugees?
An article in the Guardian Unlimited discusses problems and challenges of teaching English given the diverse spectrum of backgrounds and needs found among immigrants and to immigrants who may be uneducated or are used to different styles of learning. For immigrants, learning English is necessary for success in their new lives.

Citizens of the World New Americans are Increasingly Keeping Dual Allegiances
Newsday reports that while the US does not keep tabs on the number of dual citizens or of the countries that allow it, the list of foreign governments that are acknowledging dual citizenship has grown over the years.

Row Over Deportation of Indian Boy From Berlin
The Times of India reports that human rights' activists in Germany are angry over the deportation of a 14-year-old Indian boy under what they call are "questionable circumstances."

ILW.COM Highlights of the Day

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

ILW.COM Chats and Discussions of the Day

Answers to Immigration Questions
Do you need an answer to an immigration question? ILW.COM holds regular chat sessions with attorneys where you can get immediate responses to your questions.

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