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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 13, 2000
Contents:
Editor's Comments of the Day
Federal Register News of the Day
Cases of the Day
INS News 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 world waits and watches as the drama of the American Presidential election unfolds. According to an article in the Florida's Sun-Sentinel if Bush wins, he will have Miami-Dade's conservative Cuban-American voters to thank in part. Just four years after giving as much as 40 percent of their vote to Bill Clinton, Cuban-Americans returned to their roots Tuesday and voted overwhelmingly Republican. Many cited the Clinton administration's return of EliŠn to Cuba as a large reason for their vote. At precincts like 555 near Southwest Eighth Street, south of Miami International Airport, Cubans made up three-quarters of the residents in the 1990 census. There, Bush got 89 percent of the vote. The same held at precinct 510 east of the airport, where Bush got 79 percent of the vote and Cubans made up almost three-quarters of residents in 1990. More than 70 percent of voters turned out at both precincts. President Clinton has quipped that the American people have spoken, but it may take some time to figure out what they have said. The message of the Cuban-Americans is clear.


Federal Register News of the Day

Proposals for NIS Community College
The Office of Global Educational Programs, Bureau of Educational and Cultural Affairs, announces an open competition for accredited institutions offering two-year Associate's degrees to pursue objectives in international partnerships with counterpart institutions from Georgia, Kazakhstan, Moldova, Russia, Ukraine or Uzbekistan. Programs must comply with J-1 visa regulations and participants representing the foreign institutions must be qualified to hold a valid passport and a U.S. J-1 visa.


Cases of the Day

Pre-AEDPA Rules for Aggravated Felon
[You will need Acrobat to read this file]

The Board of Immigration Appeals (BIA) in In re Davis, Int. Dec. 3439 (BIA, Nov. 2, 2000) found that because the Respondent's deportation proceedings were pending on April 24, 1996, under the controlling precedent of the Second Circuit he was not subject to AEDPA's amendments limiting waivers of deportation. They rejected his argument that since the AEDPA limitations did not apply, there were no limitations on his ability to apply for a waiver and found that the pre-AEDPA rules were applicable.


INS News of the Day

EOIR List of Suspended and Expelled Practitioners
The Executive Office for Immigration Review (EOIR) updated list of practitioners suspended or expelled from practice before the Immigration Courts.


Immigration News of the Day

Ineffective Counsel Plea Allows Alien to Appeal
The New York Law Journal reports that in the first case of its kind to be heard in the Second Circuit, the court said that although Congress moved to sharply limit the reopening of asylum cases, it did not intend that poor lawyering would be allowed to prevent deportable aliens from getting a fair hearing in the immigration courts and ruled that deportable aliens seeking to have their cases reopened after the statute of limitations has run can plead ineffective assistance of counsel.

Bush Has Nader, EliŠn to Thank for Eroding Gore Support
According to the Sun-Sentinel just four years after giving as much as 40 percent of their vote to Bill Clinton, Cuban-Americans returned to their roots and voted overwhelmingly Republican. Many cited the Clinton administration's return of EliŠn to Cuba as a large reason for their vote.


ILW.COM Highlights of the Day

I Canít Get Through to My Attorney!
You donít have to anymore! Ask your attorney to use ILW.COMís case tracking system. Check the status of your case online at your convenience.


ILW.COM Chats and Discussions of the Day

Chat with Robert Hollander
Attorney Robert Hollander will answer questions on all aspects of immigration law on Monday, November 13, 2000, at 9:00 p.m. Eastern (New York) time. Question will be accepted beginning 15 minutes before the start of the chat.


Letters to the Editor

Dear Editor,

The razor-thin defeat of Sen. Spencer Abraham casts a pall over the results of the 2000 elections for those who favor an enlightened approach to business immigration. What is equally ominous, though perhaps not as obvious, is the extent to which the Democratic challenge to the Florida results, however meritorious it might be, politicizes the electoral process and diminshes the very idea of national consensus on which our system of government depends. Truely, this notion, which is under severe challenge today, is the essential lubricant of democracy. Once even the most fundamental decisions are subject to dispute, then the only political reality becomes partisan interest and factional advantage however that is defined. If a presidential election (and I speak as a strong Gore supporter) can be hauled into the courts to change the result, in what context will it be credible in the future to speak of what America needs? Once this notion is lost, once the very idea of speaking in national terms is seen as the threadbare wisdom of a naive and bygone era, it is no longer going to be possible to argue, as I have done in the past and as we all will have to do in the future, that no enduring immigration policy in the business context can be easily crafted or long endure unless the overarching interest of the nation's economy is the prime consideration. You cannot invoke unchecked partisanship to achieve certain aims (which I share) in the presidential arena and then criticize business, labor, or the INS for being narrowly focused in the immigration policy arena. Once the precedent for tunnel vision to get what we want has been set, it is too late to turn back.

Gary Endelman


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