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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 15, 2000
Contents:
Editor's Comments of the Day
Federal Register News of the Day
Cases of the Day
Congressional News of the Day
DOS 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

ILW.COM recently visited the Lower East Side Tenement Museum in New York City. The museum is a tenement building that housed many immigrant families between 1863 and 1935. Some of the apartments have been restored to represent various periods in the buildings history. The apartments often housed two or three families in the same amount of space used for a walk-in closet in today's larger homes. The conditions might not seem that strange to some of the most recent arrivals to the United States, especially undocumented aliens, who make sacrifices in personal comfort for the opportunity to live and work in the world's most prosperous economy. The museum is a poignant reminder of the courage and fortitude of immigrants who leave their homelands to build better lives.


Federal Register News of the Day

Information Collection for U.S. Department of State Immigrant Visa Applicants
The Bureau of Consular Affairs has issued a 30-day notice for information collection for the Choice of Address and Agent for U.S. Department of State Immigrant Visa Applicants which will effect all immigrant visa principal applicants.

Title for Members of the Board of Veterans' Appeals
The Department of Veterans Affairs issued a final rule that amends its regulations to provide that a member of the Board of Veterans' Appeals may also be known as a "Veterans Law Judge." Throughout the executive branch individuals who decide appeals at the administrative level after the opportunity for a hearing are known as "judges."


Cases of the Day

Being a Deportable Alien no Basis for Downward Departure in Sentencing
[You need Acrobat to read this file]
The court in US v. Bahena, No. 99-2473 (8th Cir. Sept. 14, 2000), rejected the argument that the Defendant's sentence should have been reduced because of his status as a deportable alien.(Long Download)

Forcible Recruitment into Military Not Enough for Asylum
In Pedro-Mateo v. INS, No. 98-70535 (9th Cir. Sept. 14, 2000), the court absent evidence of discriminatory purpose, attempts to force a person to join a military group do not compel a finding of persecution on account of political belief. The court rejected the argument of Petitioner, a Kanjobal Indian, that he was targeted for recruitment because of his race or membership in a social group.

Youthful Offender Adjudication Not a Conviction
[You need Acrobat to read this file]
In In re Devison-Charles, Int. Dec. 3435 (September 12, 2000), The Board of Immigration Appeals found that an adjudication of youthful offender status under state law which corresponds to a determination of juvenile delinquency under the Federal Juvenile Delinquency Act does not constitute a judgment of conviction for a crime under the Immigration and Nationality Act, and the re-sentencing of a youthful offender following a violation of probation does not convert the youthful offender adjudication into a judgment of conviction.

Deferred Removal Under CAT for Nigerian
In a recent decision from the offices of Chisam & Majid the Board of Immigration Appeals granted deferral of removal under Article 3 of the Convention Against Torture to a Nigerian who had participated in demonstrations in 1978.


Congressional News of the Day

Rep. Rohrabacher Submits Rothstein's H-1B Article for Colleagues to Read
Rep. Rohrabacher, California, read into the record on the floor of the House of Representatives Rothstein's opinion piece, "Questioning the Labor Shortage", which appeared in the NY Times. Rep. Rohrabacher stated, "This article succinctly captures the reasons why Congress should not raise the H-1B visa limit."

Petition to Reverse Deportation of Suringder Singh
The speaker presented a petition of the Legislature of Rockland County, New York, relative to Resolution No. 490 petitioning the US Congress to request the US Immigration and Naturalization Service to reverse its decision and order to deport Suringder Singh. The petition was referred to the Committee on the Judiciary.

Thanks to Staffers in Fifth and Eighth Congressional Districts of Florida
Rep. McCollum entered into the record the names of the staffers he wished to recognize for their service during the time he was a member of the House. He thanks Nancy Abernethy in his district office who provided service in resolving immigration issues.


DOS News of the Day

US Department of State to Host Meeting of U.S.-Mexico Binational Group on Bridges and Border Crossings
Delegates from the US and Mexican Governments and the border states will participate in the XXVIII Meeting of the U.S.-Mexico Binational Group on Bridges and Border Crossings in Scottsdale, Arizona September 18-21, 2000. The purpose of these semi-annual meetings is to discuss proposed bridges and border crossings and their related infrastructure, to review operations of existing cross-border transportation infrastructure, and to exchange views on policy and technical information.


Immigration News of the Day

Hispanics: DMV Workers Discriminate
The Beacon News reports that representatives of the Illinois secretary of state's office have promised to investigate the reports of improper behavior by state employees such as bad customer service and discrimination against Hispanics by workers in northern Illinois DMV facilities.

Hmong Seek Change in Citizenship Law
According to the Sacramento Bee, after getting legislation passed making it easier for Hmong to become naturalized US citizens, Hmong refugees are facing problems in that immigration offices around the country don't know about the law yet even though last month the INS sent out a 13-page memo explaining to field offices how the law is supposed to work.


ILW.COM Highlights of the Day

Immigrant's Weekly
Read a sample issue of Immigrant's Weekly.


ILW.COM Chats and Discussions of the Day

Transcripts of Previous Chats
Have an immigration question? Can't wait until the next chat session to ask an attorney? Check the transcripts of previous chats to find an answer.


Letters to the Editor

The following is a copy of a letter originally sent to the editor of the Washington Post in response to Prof. Norman Matloff's piece titled "High-Tech Cheap Labor"

To the Editor:
Let me take exception to Professor Norman Matloff's "Taking Exception." In Tuesday's Post Professor Matloff attacked lifting the cap on H-1B visas. H-1B visas allow highly qualified foreign nationals to enter the United States to relieve the acute shortage of skilled professionals. Professor Matloff arguments are a chain of anecdotes that he does not support with hard data from public sources. More…

Irving J. Spitzberg, Jr.
President and Counsel
The Knowledge Company


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