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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 13, 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
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

Congress is in session for a short time before adjourning to hit the campaign trail. Now is the time to contact your representatives and let them know you opinion on immigration matters. You do not have to be a citizen to contact the government and your voice matters. Those who are permanent residents may choose to become citizens one day and exercise your right to vote. Nonimmigrants and even illegal aliens pay taxes and are entitled to voice your opinion. Contact your Representative and Senators. Also use your telephone and make your voice heard:

Congressional Switchboard     202 224-3121
White House Switchboard      202 456-1414
Bush Campaign                     615 340-2000
Gore Campaign                     512 637-2000


Federal Register News of the Day

Department of Labor Comment Request on ETA-232
The Employment and Training Administration is requesting comments on the proposed Domestic Agricultural In-Season Wage Report, ETA-232 and Wage Survey Interview Record, ETA-232A. The ETA-232 report contains the prevailing wage based on survey data collected from employers and reported by the State on the ETA-232A.Written comments must be submitted by November 13, 2000.


Cases of the Day

1st Circuit Retains Habeas Jurisdiction
The 1st circuit in Mahadeo v. Reno, No. 99-1687 (1st Cir. Sept. 11, 2000), found that IIRIRA's permanent rules do not divest the federal courts of their traditional jurisdiction to grant writs of habeas corpus. The case was remanded to the district court which had dismissed it for lack of subject matter jurisdiction.

Remand Where Interpreter Incompetent
The circuit court in Amadou v. INS, No. 99-3824 (6th Cir. Sept. 12, 2000), found that Petitioner's right to a full and fair hearing was violated where the interpreter's questionable translation led to an adverse credibility finding.

No Downward Departure in Sentencing for Illegal Aliens
[You need Acrobat to read this file]
In US v. Solis-Chavez, No. 99-3234 (8th Cir. Sept. 12, 2000), the circuit court found that the district court did not abuse its discretion by refusing to grant a downward departure on the basis that Appellant would be subject to disparate treatment in prison as an illegal alien, that he was culturally assimilated and the seriousness of his past conduct was overstated.

Court Refuses to Review Final Order of Removal When Alien Has Committed Criminal Offenses
[You need Acrobat to read this file]
In Borrero v. INS, No. 00-1532, (8th Cir. Sept.11, 2000), the court refused to hear a petition for review of a final order of the Board of Immigration Appeals dismissing Borrero's appeal of an Immigration Judge's determination that he was ineligible for relief under the Convention Against Torture. Since the Petitioner conceded that he was removable by virtue of his prior state felony convictions the court concluded that it lacked the jurisdiction to review a final order of removal against an alien who is removable by reason of having committed a criminal offense that made him ineligible for admission or was an aggravated felony or involved a controlled substance.


Congressional News of the Day

Mark Up of H.R. 4548, Agricultural Opportunities Act
On September 13, 2000, the House Committee on the Judiciary will mark up H.R. 4548, the "Agricultural Opportunities Act." This bill will establish a pilot program creating a system of registries to provide a sufficient supply temporary agricultural workers, and amend the Immigration and Nationality Act to streamline procedures for the temporary admission and extension of stay of nonimmigrant agricultural workers under the pilot program.


INS News of the Day

INS Juvenile Detention and Shelter Care Program
[You need Acrobat to read this file]
A fact sheet released by the INS outlines agency policy regarding the detention of unaccompanied juveniles and INS standards for facilities equipped to house juveniles in INS detention. The fact sheet also states that the INS plans to open a new Family Shelter Care Program to help keep immediate family members together while in INS custody.

INS Reminds Public to Use New Adjustment of Status Form I-485
The INS issues a press release reminding eligible aliens who are seeking to become legal permanent residents and have not yet filed an adjustment of status application that they should use the new Form I-485 (Application to Register Permanent Residence or Adjust Status when submitting their application to the INS. The INS will no longer accept old versions of the form after September 30, 2000.


Immigration News of the Day

High - Tech Cheap Labor
An article by Norman Matloff in the Washington Post reports that computer industry CEOs, claiming a desperate labor shortage, are pressuring Congress to raise the quota for the H-1B work visa. However, while the industry denies its motivation is the hiring of cheap foreign labor, the facts say otherwise.

INS Pledge to Improve Put to the Nanny Test
An article in the Chicago Tribune describes the experience of the writer with the Chicago INS office when he attempts to find out the reason his nanny was denied employment authorization. The House Committee on Immigration and Claims heard complaints about the INS office in Chicago last September and at the hearing the INS promised that favorable changes were underway. In a subsequent article the author describes his seven-hour visit to the INS and comments on the changes that have taken place a year later and changes that still need to take place in the future.


ILW.COM Highlights of the Day

Is Your Immigration Attorney Already Part Of Our Site?
We are a growing community of over 500 immigration attorneys in the US, Canada, Australia and Great Britain. Ask your attorney to signup for an instant Web page development and a free three-month trial.


ILW.COM Chats and Discussions of the Day

Charla en espanol!
Chat in Spanish with Attorney Barry Lieber on Wednesday, September 13, 2000, at 9:00 p.m. Eastern (New York) time.

Charla en espanol con el abogado Barry Lieber , miercoles, el 13 de septiembre a las nueve de la noche tiempo de Nueva York.


Letters to the Editor

Dear Editor:
Please stop using the "A" word, unless you put it in quotation marks and it is a direct quote from the law or what someone else said. Many news media representatives and publications throughout the United States have already adopted formal or informal policies along this line. Just because it is still in the law and just because the government uses it is no excuse to continue to berate people who are not yet citizens by calling them a word that now means a monster from outer space. Unfortunately the US Government is certainly not on the forefront of how to treat people sensitively or as we wish to be treated. The Golden Rule should apply here. Would you like to be called a word that means an ugly monster from outer space? More….

Larry Johnson
Immigration Attorney

We received two responses to the reader's question about the meaning of "VIOPP."

Dear Editor,
It means "visa in other passport." Apparently, he travels with two passports with his visa contained in his old one, likely attached to a recently-issued passport.

Conrad Pollack
Immigration Attorney

Dear Editor,
This message is been written to you to respond the question EAU had regarding the admission stamp receives at port of entry every time he enters the US. It supposed to read -VWPP- not VOIPP-Visa Waiver Pilot Program, a waiver of visa to the US to certain nationals to be exact nationals of 29 countries. I have no doubt that you have a list that you can provide EAU if (s)he interested in obtaining one. More…

HE


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