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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 12, 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
Letters to the Editor
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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 St. Cyr v. INS, No. 99-2614 (2nd Cir. Sept. 1, 2000), the court found that bars to applying for relief from removal contained in AEDPA and IIRIRA do not apply to aliens who pled guilty or nolo contendre to an otherwise qualifying crime prior to the enactment of IIRIRA. The court followed the reasoning of the 4th Circuit in finding that making such a bar to relief would upset settled expectations and change the legal effect of prior conduct. The conduct, the court noted was not the decision whether or not to commit a crime, but the decision to enter a guilty plea. The outcome is a sound one following the precepts of common sense. As we noted in commenting on Jideonwo v. INS, No. 99-3243 (7th Cir. August 23, 2000), a guilty plea could never be made knowingly if the rules can change anytime after the plea is made.


Federal Register News of the Day

Notice of Intent to Prepare Draft Environmental Impact
The INS will prepare a Draft Environmental Impact Statement (DEIS) for evaluation of the environmental impacts of the construction of a Contractor-Owned Contractor-Operated detention facility within 15 miles of Interstate 35 in Frio, La Salle, Medina, Atascosca or Webb Counties, Texas.


Cases of the Day

IIRIRA Provision Not Retroactive for Guilty Pleas
In St. Cyr v. INS, No. 99-2614 (2nd Cir. Sept. 1, 2000), the court found that bars to applying for relief from removal contained in AEDPA and IIRIRA do not apply to aliens who pled guilty or nolo contendre to an otherwise qualifying crime prior to the enactment of IIRIRA.

No Temporary Stay Pending Petition for Review
In Andreiu v. Reno, No. 99-70274, (9th Cir. Sept. 8, 2000), the court held that in order for it to stay the removal of an alien pending the resolution of a petition for review, the alien must either show that the order was based on an erroneous finding of fact or that the order was manifestly contrary to law. The dissent argued that the plain language and structure of the statute dictate a finding in favor of the alien.


Immigration News of the Day

Smugglers of Illegal Immigrants Face Hostile Threat From Other Smugglers
According to Postnet.com some immigrant smugglers are adding a new twist to the high- profit, high-risk illicit business - they are kidnapping each others' customers. The INS fears that the smuggling trade has become so lucrative that this kind of activity will escalate.

UK Minister Opens Up Immigration Debate
The Guardian Unlimited reports that the Home Office minister is expected to call for an open debate on immigration as more people begin to feel that Britain may have to change its laws on immigration if it is to compete in the international marketplace


ILW.COM Highlights of the Day

Share Immigration Information With Your Friends
Now you can share the immigration information page with your friends.


ILW.COM Chats and Discussions of the Day

Chat About NIW for Physicians
Jan Pederson, Esq. will conduct a special chat session on Tuesday, September 12, 2000, at 9:00 p.m. Eastern (New York) time. Ms. Pedersen will answer questions regarding the recent interim rules for waiver of labor certification for physicians willing to practice full-time in an area designated as having a shortage of health care professionals or in a facility operated by the Department of Veterans Affairs.


Letters to the Editor

Dear Editor:

I've been visiting USA regularly and I noticed on my passport, the Immigration Officer at the Port of Entry printed "VIOPP." I'm just curious, what does that designation means?

Thanks,
EAU


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