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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
October 4, 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
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

On Tuesday morning the Senate passed S. 2045, the H-1B bill, by a vote of 96 to 1. The battle now moves to the House. It seems that the House Democrats will also agree to vote on an H-1B bill without attaching other immigration related measures. The provisions to extend NACARA to cover more people from Central America and to advance the registry date will be attached to the appropriations bill for the Departments of Commerce, Justice and State. President Clinton has indicated that he will veto the bill if these provisions are not included.

The registration period for the 2002 visa lottery began Monday, October 2, 2000,and runs through Wednesday, November 1, 2000. Entries must be received at the Kentucky Consular Center during this period. Entries sent to any address other than the Kentucky Consular Center address will be disqualified.


Federal Register News of the Day

Landing Requirements for Passengers Arriving From Cuba
This final rule, effective October 3, 2000, amends INS regulations by providing that aircraft and passengers arriving in the US from Cuba must enter the US at John F. Kennedy International Airport, Los Angeles International Airport or the Miami International Airport unless advance permission to land elsewhere has been obtained from the Office of Field Operations at Headquarters.


Cases of the Day

No Collateral Attack on Removal Order Permitted Where No Prejudice Shown
The court in US v. Garcia-Martinez, No. 99-50546 (9th Cir. Oct. 3, 2000), rejected the collateral attack on a previous removal order made by an alien charged with being found in the US after having been removed. The court found that there was no institutional bias on the part of the INS officer who adjudicated the previous removal order and that the Petitioner failed to show any actual prejudice.

District Court has Jurisdiction to Hear Habeas Petition
In Boz v. US, No. 99-01298 (11th Cir. Sept. 29, 2000), the appeals court found that the district court had jurisdiction to hear a habeas petition which challenged indefinite detention after a removal order as it was not a petition for a review of the removal order itself.

Mandatory Detention Requirement Violates Substantive and Procedural Due Process
[you will need Acrobat to read this file]
The court in Koita v. Reno, No. Cv-00-0070, (M.D. Pa. Sept. 27, 2000), ordered the INS to grant the Petitioners an opportunity to show that they should not be confined pending the completion of INS administrative proceedings. The court reasoned that the INS' mandatory detention requirement violates substantive and procedural due process since the Petitioners entered the country legally and had a liberty interest in freedom from bodily restraint that is protected under both substantive and procedural due process.


Congressional News of the Day

Sen. Landrieu Comments on the "Latino and Immigrant Fairness Act of 2000"
Sen. Landrieu expressed her support for S. 2912, the "Latino and Immigrant Fairness Act of 2000," and urged her colleagues in the Senate to consider this bill as a necessary addition to S. 2045, the H-1B Visa bill.

Lamar Smith States that Senate Needs to Protect American Workers
In response to the probable passing of the H-1B legislation by the Senate, Rep. Smith stated that he was "disappointed that the Senate would increase the number of foreign high tech workers without including any safeguards for American workers."

House Passes Private Bill for Padron Family
The House of Representatives passed H.R. 3414, a private bill for the relief of Luis A. Leon-Molina, Ligia Padron, Juan Leon Padron, Rendy Leon Padron, Manuel Leon Padron, and Luis Leon Padron granting them legal permanent residency.

House Passes Private Bill for Zohreh Farhang Ghahfarokhi
The House of Representatives passed H.R. 3184, a private bill for the relief of Zohreh Farhang Ghahfarokhi granting her legal permanent residency.

House Passes Private Bill for Farnia Family
The House of Representatives passed H.R. 848, a private bill for the relief of Sepandan Farnia and Farbod Farnia granting them legal permanent residency.

House Passes Private Bill for Saeed Rezai
The House of Representatives passed H.R. 5266, a private bill for the relief of Saeed Rezai granting him legal permanent residency.

House Passes Private Bill for Kerantha Poole-Christian
The House of Representatives passed S. 302, a private bill for the relief of Kerantha Poole-Christian granting her legal permanent residency.


INS News of the Day

EOIR Suspends Seven More Attorneys
The Executive Office for Immigration Review (EOIR) has formally suspended seven more attorneys from practicing before the Immigration Courts, the Board of Immigration Appeals (BIA), and the INS, after suspending five others in August. Their suspensions are disciplinary actions taken by EOIR under the recently amended Rules of Professional Conduct for Immigration Practitioners.


ILW.COM Featured Article of the Day

Senate Approves H-1B Bill
Cyrus D. Mehta, Esq. writes about the Senate passage of the H-1B bill and the immigration bills still pending in Congress.


Immigration News of the Day

Hispanic Leaders Push Bill
According to the Las Vegas Review Journal, a group of Nevada Hispanic leaders believe that if Democrats and Republicans want the votes of Hispanics this November, then they must support the illegal alien amnesty bill in the Senate, pass a bill that would allow about 20,000 longtime illegal aliens in Nevada to permanently remain in the country and change immigration laws so that all immigrants have the same rights as Cubans and Nicaraguans to apply for residency.

Senate Passes High-Tech Visa Bill
The New York Times [registration required] reports that after weeks of partisan wrangling over efforts by Democrats to allow more illegal immigrants and political refugees to remain in the US, the Senate finally passed election-year legislation to provide nearly 600,000 new visas over the next three years for foreign workers sought by the burgeoning high-tech industry.


ILW.COM Highlights of the Day

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ILW.COM Chats and Discussions of the Day

New Chat Transcripts Posted
New chat transcripts have been posted. If you missed a recent chat session or just want to review the answers, check the chat transcripts page.


Letters to the Editor

Dear Editor,
It's true that many immigrants are unaware of their obligations under Selective Service laws. While some consulates have been diligent about notifying immigrants of these obligations, others have not. Until recently INS rarely notified applicants, so that many men who adjusted status in the United States were not registering for Selective Service. INS has now rectified the problem with its new version of the Form I-485, Application to Register Permanent Residence or Adjust Status, which contains a notice and warning about Selective Service, just above the signature line.

Margaret D. Stock, Attorney
Anchorage, AK


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