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Editor's Comments of the Day
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Federal Register News of the Day
Request for Proposals for Fulbright Student Program
The Office of Academic Programs of the Department of State's Bureau of Educational and
Cultural Affairs announces an open competition for one or more assistance awards.
Organizations may submit proposals to provide administrative and program services for the
J-1 Fulbright Student Program in Fiscal Year 2002 by February 1, 2001.
Cases of the Day
Asylum for Conscientious Objector to Serving as POW Guard
In Martirosyan v. INS, No. 98-70979 (9th Cir. Oct. 23, 2000), the court disagreed with the
Immigration Judge and Board of Immigration Appeals and found that there was substantial evidence
to support Petitioner's claim that he had a well-founded fear of persecution based on his
conscientious objection to serving in the army where he would be forced to engage in inhuman treatment of prisoners of war.
Congressional News of the Day
Senate Passes Mother Teresa Religious Workers Act
A message from the Senate announced the passage and requested the concurrence of the
House of Representatives for S. 2406,
the "Mother Teresa Religious Workers Act,"
which would provide permanent authority for entry into the US of certain religious workers
American Competitiveness in the
Twenty-first Century Act Becomes Public Law
S. 2045, the "American
Competitiveness in the Twenty-first Century Act of 2000," and H.R. 5362,
which increase the amount of fees charged to employers who are petitioners for the
employment of H-1B non-immigrant workers, were signed into law on October 17, 2000 and have become public laws.
Sen. Grams Added as Cosponsor of
INS Reform and Border Security Act
At the request of Sen. Abraham, Sen. Grams from Minnesota was added as a cosponsor of
S. 1563, the "INS Reform and Border Security Act of 1999," which would establish the Immigration Affairs
Agency within the Department of Justice.
of the 106th Congress
Sen. Lott read into the Congressional Record a report
of the list of things that have passed in the Senate
to counter the assertion that the Senate has not been
doing serious work and pointed out the passage of the
H-1B visa bill by the Senate.
News of the Day
Judges Accused of Ignoring Sentencing Rules
Lawmakers are questioning the growing trend of judges
ignoring federal sentencing guidelines in favor of more
lenient sentences. The Justice Department said the overload
of illegal immigration cases in the Southwest is a major
Colombians Seek Extended Stay in US
The Miami Herald reports that thousands of Colombians
living illegally in the United States, mostly in South
Florida, may be closer to persuading the Clinton administration
to legalize their immigration status since their plea
for "temporary protected status" was recently endorsed
by their own government in a letter from Colombian Foreign
Minister Guillermo Fernández de Soto to US Secretary
of State Madeleine Albright.
Highlights of the Day
Were the Years of Greatest Influx of Immigrants to the
Take a quiz at Immigrant Life - the Global Meeting Place.
ILW.COM Chats and Discussions of the
Chat About Canadian Immigration
Attorney Catherine Kerr
will answer questions about Canadian immigration law
on Wednesday, November 1, 2000, at 9:00 p.m. Eastern
(New York) time. Questions will be accepted beginning
15 minutes before the start of the chat.
to the Editor
The New York District of the INS has stepped up its
use of a certain sadistic practice at naturalization
ceremonies. All candidates for swearing-in come to the
ceremony with a form asking whether or not, since the
interview, they have remarried, traveled, committed
a crime, become a Communist, practiced polygamy, etc.
"Yes" "No" boxes are checked off. The signed form is
handed in just before the ceremony. The New York District
officers have taken it upon themselves to ask the questions
orally. If a candidate stumbles on the questions (which
is not unusual if the questions are asked verbatim and
rapidly) or just freezes up, more questions follow.
If the DAO decides that the candidate does not speak
adequate English, the candidate is sent home. This is
followed by an INS motion to reopen and an instruction
to come back for another test. The only basis for reopening
under the law is the receipt of "derogatory" information.
The New York District has taken the position that an
indicated inability to speak English at the ceremony
is "derogatory" information. Most of my clients are
Chinese and many (if not most) of the rejects at the
ceremony are Chinese. I believe that this second English
test at the ceremony violates the INS law and regs and
local case law. What should be a glorious and proud
day becomes a day of disappointment and humiliation.
I am wondering if your readers have experienced this
sadistic practice in other districts.
John L. Moncrief
Do you know of any sample appeal briefs appealing the
denial of an Application for Waiver of Grounds of Excludability?
Donald L. Schlemmer, Esq.