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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 11, 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

The Supreme Court has granted certiorari to resolve the conflict between two cases involving men who could not be deported because their home countries would not take them back. In Zadvydas v. Underdown,.No. 97-31345 (5th Cir. 1999), the appeals court decided the government could hold the alien beyond the 90 days spelled out by law, but in Ma v. Reno, No. 99-35976 (9th Cir. Apr. 10, 2000), the 9th Circuit ordered the man released. Indefinite detention seems a harsh penalty to pay for an accident of birth.


Federal Register News of the Day

Settlement Authority of Department of Justice Agencies
This final rule delegates to certain agencies within the Department of Justice the authority to settle administrative claims filed under the Federal Tort Claims Act where the amount of the settlement does not exceed $50,000. This rule will be effective October 10, 2000.


Cases of the Day

Supreme Court Grants Certiorari in Alien Detention Case
[You will need Acrobat to view this file]
The Supreme court has granted certiorari to resolve the conflict between Zadvydas v. Underdown, No. 97-31345 (5th Cir. 1999), and Ma v. Reno, No. 99-35976 (9th Cir. Apr. 10, 2000).

Passport is a Passport
[You will need Acrobat to view this file]
In US v. Vrajitoriu, No. 00-1260 (8th Cir. Oct. 10, 2000), the court found that the plain reading of a law making it a crime to use a forgery of or false passport to defraud the United States was not limited to United States passport.

Habeas Granted to Proceed Under Post-IIRIRA Law
[You will need Acrobat to view this file]
In Welch v. Reno, No. CCB-99-2801 (Md. Sept. 20, 2000), the court granted the habeas petition to proceed under the post-IIRIRA law where 1994 Order to Show Cause was based on a conviction which had been vacated and the current proceedings were based on a 1999 conviction.

False Claim of Citizenship on I-9 Not Crime of Moral Turpitude
In a recent decision the Board of Immigration Appeals found that a false claim to citizenship on an I-9 form is not a crime involving moral turpitude and any misrepresentation in procuring employment does not constitute an immigration benefit. (Courtesy of Eugene J. Flynn)


Immigration News of the Day

Illegal Immigrants Get a Free Pass From INS
According to the Chicago Sun Times critics of the INS say that because of the booming economy there are more illegal immigrants in this country than ever and the INS is not doing much about it. Critics charge that the agency's hands-off approach towards undocumented employees in workplaces amounts to an amnesty for the more than five million illegal immigrants living in this country.

INS Bullying Tactics Against Immigrants Must Stop
An article in the San Francisco Chronicle gives examples of intimidation by INS agents who arrest and deport immigrants without even doing the necessary investigation.


ILW.COM Highlights of the Day

Reflections of an Indian Business Traveler in the United States
Coming Soon! Immigrants Life for information, quizzes, stories about immigrants and much more. Send your story for publication to immigrantlife@ilw.com.


ILW.COM Chats and Discussions of the Day

Chat in Spanish
The transcript of the chat in Spanish with Attorney Barry Leiber has been posted on the chat transcripts page.


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