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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 11, 2000
Editor's Comments of the Day
Federal Register News of the Day
Cases of the Day
Congressional News 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

Immigrant's Weekly is here! With Immigration Daily we try to bring you all the immigration law related information you need. Immigration is about people-not law. To meet the needs of immigrants for information beyond just legal matters we introduce Immigrant's Weekly. Instead of focusing on immigration law, Immigrant's Weekly will be built around the immigrant experience. Enter your e-mail address now so you do not miss even one issue. For law-Immigration Daily, for life-Immigrant's Weekly. If you want it all, subscribe to both!

Federal Register News of the Day

Changes in Procedures for Payment of Immigrant Visa Fees
This interim rule requires that immigrant visa applicants pay the application processing fees prior to the time of formal applications for visas. It will be phased-in to ensure problems are resolved before the procedure is put into effect around the world. The effective date of the phase-in period is September 8, 2000; comments must be received by November 7, 2000.

Designation of Certain Posts for Advance Payment of Immigrant Visa Application Processing Fee
This public notice designates the following ten posts for the revised procedure for payment of the application processing fee for immigrant visas: Bogotá, Colombia, Ciudad Juarez, Mexico, Freetown, Sierra Leone, Georgetown, Guyana, Guangzhou, China, Manila, Philippines, Montreal, Canada, Port au Prince, Haiti, Santo Domingo, Dominican Republic, and Tirana, Albania.

Cases of the Day

Uncontroverted Testimony Establishes Persecution
In Shoafera v. INS, No. 98-70565 (9th Cir. Sept. 7, 2000), the court rejected the Board of Immigration Appeals' (BIA) adoption of the Immigration Judge's (IJ) finding that Petitioner's claim she was raped due to her ethnicity was "speculation." The court concluded that Petitioner's uncontroverted and credible testimony was sufficient to establish past persecution on account of her ethnicity triggering a regulatory presumption of eligibility for asylum. The court remanded the case for the consideration of changed country conditions.

Transporting Illegal Aliens in Furtherance of Their Illegal Presence
The 9th circuit in
US v. Hernandez-Guardado, No. 99-10342 (9th Cir. Sept. 7, 2000), rejected all the Defendants' arguments on appeal including that the government had failed to establish the requisite mens rea for conviction of transporting an illegal alien. The court held that where Defendants provided transportation for one leg of illegal aliens' migration to a location within the United States the conduct has a direct and substantial relationship to the furtherance of the aliens' illegal presence.

Repeated References to "Illegal Alien" Entitle Defendant to New Trial
[you will need Acrobat to read this file]
In US v. Cruz-Padilla, No. 99-3794 (8th Cir. Sept. 8, 2000), the court held that pervasive references to the Defendant's status and an illegal alien were prejudicial and thus Defendant was entitled to a new trial.

Congressional News of the Day

Child Support Distribution Act of 2000
The House of Representatives read for amendment H.R. 4678, the "Child Support Distribution Act of 2000." The bill includes provisions that would make failure to pay child support a ground for inadmissibility, allow service of process on arriving aliens for child support cases and authorize the sharing of child support enforcement information with the INS.

Vice President, President's Deputy Chief of Staff Intended to Use Citizenship USA for Political Purposes
In a press release from his office Lamar Smith (R-Tx), House Immigration and Claims Subcommittee Chairman, asserted during September 7, 2000, oversight hearings on the Justice Department Inspector General's Report, "An Investigation of the Immigration and Naturalization Service's Citizenship USA Initiative," that the evidence could "lead to the conclusion that the Vice President, The President's Deputy Chief of Staff, and the President's Director of Special Projects intended to use Citizenship USA (CUSA) for partisan political purposes."

Immigration News of the Day

Deportation Law Not Retroactive
The New York Law Journal reports that the US Court of Appeals for the Second Circuit in St. Cyr v. INS, No. 99-2614 (2nd Cir. Sept.1, 2000) ruled 2-1 that immigration laws passed in 1996 making it harder for convicted felons to remain in the United States do not apply to people who pleaded guilty before the new laws were enacted.

More Than 2,700 Illegal Immigrants Arrested at Las Vegas, Phoenix Airports
According to the San Jose Mercury News federal agents have made more than 2,700 arrests at the Las Vegas and Phoenix airports in the first month of Operation Denial, an INS crackdown targeting those who smuggle illegal immigrants into the US. Despite the arrests, the airports remain a popular route for smugglers and the number of arrests at the Las Vegas airport has not declined.

ILW.COM Highlights of the Day

Read Past Issues of Immigration Daily in the Archive
You can search the past issues of Immigration Daily in the archive.

ILW.COM Chats and Discussions of the Day

Chat with Attorney Robert Hollander
Robert Hollander, Esq. will answer questions on all aspects of immigration law on Monday, September 11, 2000, at 9:00 p.m. Eastern (New York) time. Questions will be accepted by the moderator beginning 15 minutes prior to the chat.

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