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Editor's Comments of the Day
A thriller of an election, but not such thrilling news for immigration. What may go down as the closest election in American history does not bode well for those who favor immigration. The Republicans, by the slimmest of margins, have retained control of Congress. They avoided a fight over the "Latino and Immigrant Fairness Act (LIFA)" before the election. It is unlikely the Democrats will muster the strength to push it through a lame duck session, and with a Repbulican administration there will be little chance for its passage in the 107th Congress. With the projected loss of Spencer Abraham in Michigan, the Senate loses one of the most vocal supporters of immigration. James Rogan, a supporter of business immigration in the House also lost. With such a slim majority, the chairmen of the committees and subcommittees, including Lamar Smith, the Chairman of the House Subcommittee on Immigration and Claims, are likely to wield even more power. One piece of good news for those who are pro-immigration is the defeat of Brian Bilbray of California, a staunch supporter of H.R. 73 which would deny citizenship at
birth to children born in the United States of parents who are not citizens or
permanent resident aliens. While the nation waits to learn who won the presidential election, the losers are those who would benefit from advancing the registry date, NACARA parity and the resotration of 245(i).
Cases of the Day
Filing Deadlines May be Equitably Tolled
In Iavorski v. INS, No. 00-4086 (2nd Cir Nov. 7, 2000), the court held that filing deadlines for motions to reopen may be equitably tolled by an alien claiming ineffective assistancee of counsel, but that the Petitioner did not exercise due diligence in pursuing his claim to warratn the tolling of the filing deadline for the relevant period.
Proceeding without Attorney not a Violation of Due Process
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The court in Gutierrez v. Reno, No. 99 Civ. 11036 (S.D.N.Y. Nov. 1, 2000), found that Petitioner's rigth to due process was not violated when the Immigration Judge went ahead with a hearing after two adjournments to allow the Petitioner to obtain counsel.
DOS News of the Day
Rican Authorities Arrest Alien Smuggler
In a press statement the Department of State congratulated the Government of
Costa Rica on the arrest of an alien smuggling kingpin and applauded
Costa Rica's commitment to fighting human trafficking.
ILW.COM Featured Article of the Day
The 10 Implications of the New H-1B Quota Increase
Xavier Augustin, President & CEO of Y-Axis.com, the H-1B Co., writes of ten possible implications of the American Competitiveness in the 21st Century Act.
Immigration News of the Day
First Post-Clinton Scandal
WorldNet Daily continues to follow the possible abuse of INS records for use in
voting fraud in California.
A Cliffhanger Election: Too Close to Call But What Could the Results Mean to Immigration Issues?
About.com offers an analysis of the possible effect on immigration law of a Bush or Gore victory.
ILW.COM Highlights of the Day
For your convenience ILW.COM carries printable INS forms.
ILW.COM Chats and Discussions of the Day
Chat with Margaret Stock
Attorney Margaret Stock will answer questions on all apects of immigration law on Thursday, November 9, 2000, at 9:00 p.m. Eastern (New York) time. Questions will be accepted beginning 15 minutes before the start of the chat.