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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
November 8, 2000
Contents:
Editor's Comments of the Day
Federal Register News of the Day
Cases 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
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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

If the Democrats control either the White House or the House of Representatives the Latino and Immigrant Fairness Act (LIFA) is likely to remain a hot issue. But, as Mark Krikorian, the executive director of the Center for Immigration Studies, observed in the Dallas Morning News, "[i]t would appear the Republicans finessed [the issue] in such a way that it's not the time bomb that they had feared it would have been and that the Democrats hoped it would be." By postponing the issue until after the election the Republicans have stolen a march on the Democrats. If the Republicans capture both the Presidency and the House then it is unlikely the Democrats can prevail on this issue with a lame duck President and Congress. Either way the results of this election are of vital importance to the immigration policy of this country.


Federal Register News of the Day

INS Computer Matching Program
The INS announced that it is participating in a computer matching program with the Minnesota Department of Economic Security (MNDES). This matching activity will permit MDNES to confirm the immigration status, and therefore eligibility status, of alien applicants for, or recipients of, unemployment compensation and immigration status will be verified under the "Systematic Alien Verification for Entitlements (SAVE)" program.

Employers Using Alien Crewmembers for Activities in US Ports
The Employment and Training Administration is requesting comments concerning the proposed extension to the collection of information on the "Attestation by Employers Using Alien Crewmembers for Longshore Activities in US Ports." Comments must be received by January 8, 2001.


Cases of the Day

Attempt to Enter Requires Specific Intent
The court in US v. Gracidas-Ulibarry, No. 98-50610 (9th Cir. Nov. 7, 2000), found that the district court committed a constitutional error when it failed to instruct the jury that the crime of attempting to enter the US after having been deported requires specific intent, but in this case the error was harmless because the evidence was overwhelming and uncontested that the Defendant had the specific intent.

No Bail for Long Term Detainee
[You will need Acrobat to read this file]
In Michel v. INS, No. 4:CV-99-1879 (M.D. Pa. Nov. 3, 2000), the court found that a resident alien who is subject to removal for committing crimes of moral turpitude does not have the right to be released on bond because his native country moves slowly to accept him.

Deferred Removal Under Convention Against Torture
In a decision dated October 13, 2000 the Board of Immigration Appeals (BIA) upheld the decision of an Immigration Judge (IJ) granting deferral of removal under the Convention Against Torture (CAT) to a a Cuban who was removable and ineligible for withholding of removal under the CAT. (Courtesy of Thomas Hutchins).

Withholding of Removal for Iranian
The Board of Immigration Appeals in a decision dated October 12, 2000, found that the Respondent's conviction for grand theft did not amount to a particularly serious crime and that his service with the secret police under the Shah and his family's political actiivities made it more likley than not that he would face persecution if he were returned to Iran. (Courtesy of Thomas Hutchins).


ILW.COM Featured Article of the Day

H-1B Visa Numbers and Immigrant Visa Allocation Under the New Law
Cyrus D. Mehta, Esq. writes on the effect of the new law on H-1B visas and the priority dates for immigrant visas.


Immigration News of the Day

Consequences of DUI
ABC News reports that even if George W. Bush is elected president, he may need special permission to enter Canada because of his arrest for drunken driving, and Canadian law would ban both President Clinton and Vice President Al Gore since they have admitted to smoking marijuana.

California in Frenzy Over Voter Fraud
According to WorldNet Daily in California there is a growing uproar over a Clinton-signed mailer urging Latinos to bring an unofficial paper "voter identification card" to the polls, potentially allowing non-citizens to vote.


ILW.COM Highlights of the Day

Is Immigration Beneficial to United States?
Speak your mind, it matters.


ILW.COM Chats and Discussions of the Day

New Chat Transcripts Posted
Did you miss a recent chat or just want to review the answers? Check the chat transcripts page.


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