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Editor's Comments of the Day
The world waits while America tries to sort out the votes and determine who will be the next President. As one pundit observed, in some countries faced with a similar situation citizens would resort to guns. In America they resort to lawyers. Once the laws surrounding the presidential votes have been untangled, legal minds will be faced with interpreting something almost as complicated - the "American Competitiveness in the Twenty-First Century Act of 2000." The act is full of opportunites for differing interpretations and legal arguments. The more Congress tries to micro-manage immigration law, the more opportunity it gives creative lawyers to open new loopholes. Every new immigration law, even laws such as IIRIRA which would seem to reduce the overall number of people eligible visas, creates more opportunity for immigration lawyers.
Cases of the Day
No Asylum for Policeman
In Cruz-Navarro v. INS, No. 99-70150 (9th Cir. Nov. 15, 2000), the court agreed with the Board of Immigration Appeals (BIA) that a policman who was threatened by terrorists was not persecuted on account of membership in a social group or political opinion.
Untimely Filing is Ineffective Assistance of Counsel
The court in Dearinger v. Reno, No. 98-35861 (9th Cir. Nov. 15, 2000), affirmed the circuit court's grant of habeas corpus, and found that where, due to counsel's error, an appeal was filed one day late, prejudice should be presumed therefore counsel provided ineffective assistance.
Congressional News of the Day
Bills Become Public Laws
The following bills have become public laws: H.R. 2961, the "International Patient Act of 2000," H.R. 4068, the "Religious Workers Act of 2000," H.R. 5234, amending the Hmong Veterans' Naturalization Act of 2000 to extend the applicability of that Act to certain former spouses of deceased Hmong veterans, and S. 2812 providing a waiver of the oath of renunciation and allegiance for naturalization of aliens having certain disabilities.
Enrolled Bills Sent to President
The following enrolled bills have been sent to the President for signature: S. 484, the "Bring Them Home Alive Act of 2000," S. 3239, granting special immigrant status for certain broadcasters, and private relief bills for Wei Jingsheng, Marina Khalina and her son, Albert Miftakhov, Sergio Lozano, Mina Vahedi Notash, Elizabeth Eka Bassey, Emmanuel O. Paul Bassey and Mary Idongesit Paul Basey, Jacqueline Salinas and her children, Guy Taylor, Tony Lara, Malia Miller and Jose Guadalupe Tellez Pinales.
House Approves Leases for INS, EOIR
Omitted from the Congressional Record for November 3, 2000, were resolutions for appropriations by the House Committee on Transportation and Infrastructure for the INS lease of space in Garden City, New York, and the Executive Office of Immigration Review (EOIR) lease of space in Northern Virginia.
Senate Passes "Counterterrorism Act of
The Senate has passed S. 2035 the"Counterterrorism Act of 2000," which reaffirms AEDPAS's requirement that the Secretary of State ensure that the list of Foreign Terrorist Organizations is credible and updated regularly.
Immigration News of the Day
Brides, Made to Order
According to HeraldNet marriage by mail is risky business, but it's booming around the world.
More Shots Fired at U.S. Border Patrol on Mexican Border
In an interview with Fox News President of the National Border Patrol Council, T.J. Bonner, stated that at least 8 shots were fired at US Border Patrol Agents by 10 Mexican military troops.
ILW.COM Highlights of the Day
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ILW.COM Chats and Discussions of the Day
Chat with Greg Siskind
Attorney Greg Siskind will answer questions on all aspects of immigration law on Thursday, November 16, 2000, at 9:00 p.m. Eastern (New York) time. Questions will be accepted beginning 15 minutes before the start of the chat.