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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
September 8, 2000
Contents:
Editor's Comments of the Day
Federal Register News of the Day
Cases of the Day
Congressional News of the Day
INS News 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 editor@ilw.com. Letters may be edited and may be published and otherwise used in any medium.

Editor's Comments of the Day

In US v. Dailide, No 97-3340 (6th Cir. Sept. 5, 2000), the court in a two to one decision affirmed a grant of summary judgment for denaturalization. The court found no genuine issue of material fact that Defendant participated in the persecution of Jews by serving the Lithuanian Saugamas under the Nazi regime and that he made a willful misrepresentation when he obtained a visa under the Displaced Person's Act by describing his activities during the period as "practitioner forester."

According to the dissent the degree and connection of to persecution and the exact nature and timing of misrepresentations were crucial. The dissent wrote that the Defendant "may be a very bad man. In any event he has much to answer for in a moral sense. But before we can strip him of United States citizenship, we must follow the rules, especially the rules that make summary judgment quite different from verdict after a trial."

Summary judgment is warranted where there is no issue of material fact and the moving party is entitled to judgment as a matter of law. The dissent raises issues of both law and material fact. It is tempting to grant summary judgment against anyone associated with the Nazi horrors, but summary judgment should not be granted where issues of law or fact remain. The chances that the Defendant would prevail at trial appear minimal, but that does not mean he does not deserve to be heard. To strip the Defendant of American citizenship without a trial weakens the American system of justice and the value of that citizenship.


Federal Register News of the Day

Amended Schedule of Fees for Consular Services for I-864, AOS
The Department of State, Bureau of Consular Affairs has issued a final rule that amends the Schedule of Fees for Consular Services. It establishes a fee of $50.00 for the review of Form I-864, Affidavit of Support, when submitted in support. The effective date for the new fee is October 1, 2000.


Cases of the Day

Summary Judgment for Denaturalization
In US v. Dailide, No 97-3340 (6th Cir. Sept. 5, 2000), the court affirmed a grant of summary judgment for denaturalization. The court found no genuine issue of material fact that Defendant participated in the persecution of Jews by serving the Lithuanian Saugamas under the Nazi regime and that he made a willful misrepresentation when he obtained a visa under the Displaced Person's Act by describing his activities during the period as "practitioner forester."


Congressional News of the Day

Sen. Warner Added as Cosponsor on H-2A Bill
At the request of Mr. Smith, Sen. Warner of Virginia was added as a cosponsor of S. 1814, a bill to establish a system of registries of temporary agricultural workers to provide for a sufficient supply of such workers and to amend the Immigration and Nationality Act to streamline procedures for the admission and extension of stay of nonimmigrant agricultural workers.

Gallegly Supports Mother Teresa Bill
Mr. Gallegly expresses his support of H.R. 1871, the Mother Teresa Religious Worker Act of 1999, by adding his name as a cosponsor. H.R. 1871 permanently extends the religious worker visa program, which is set to expire at the end of September 2000. Under the current program up to 5,000 religious workers enter the United States each year to participate in spiritual and charitable work.

Immigration Communications to the Senate
Communications laid before the Senate include communications from the INS pertaining to Attestations by Facilities Temporarily Employing H-1C Nonimmigrant Aliens as Registered Nurses, Change in Procedures for Payment of Immigrant Visa Fees, Waiver of Nonimmigrant Visa Fees for Members of Observer Missions to the UN, and Addition of Department of Labor for Approval of Certain Nonimmigrant Petitions, as well as communications from the Department of State regarding the Schedule of Fees for Consular Services.


INS News of the Day

Court of Appeals Affirms Denaturalization for Involvement in Wartime Nazi Roundups of Lithuanian Jews
A Department of Justice press release comments on US v. Dailide, No 97-3340 (6th Cir. Sept. 5, 2000), which affirms denaturalization on the basis of participation in arrests and searching of Jews in Nazi-occupied Lithuania and willfully misrepresenting his activities to obtain a visa.


ILW.COM Featured Article of the Day

IIRIRA's Draconian Criminal Provisions
Cyrus D. Mehta, Esq. writes on the harsh provisions for immigrants with criminal convictions introduced into the law by IIRIRA.


Immigration News of the Day

Tech Execs to Try New Strategy in Visa Push
According to SiliconValley.com, as legislation to increase the number of temporary visas for high-tech foreign workers remains stalled, high-tech lobbyists are shifting their strategy in an attempt to get an expansion of the program included in the next fiscal budget during negotiations between the White House and congressional leaders later this month.

Staying Clean in Antigua
The Los Angeles Times reports that crime-weary Caribbean officials bemoan the tough US policy that has sent thousands of ex-cons back to where they were born but many of the deportees, perhaps most, are turning their lives around.


ILW.COM Highlights of the Day

Immigration News and Views Tailored to Immigrants
Ask your friends to subscribe to Immigrant's Weekly.


ILW.COM Chats and Discussions of the Day

New Chat Transcripts Added
Transcripts of chats with attorneys Karen Meade, Mitch Berenson and Cyrus Mehta have been added to the chat transcripts page. Check the page if you missed the chat sessions or want to review the answers.


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