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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 29, 2000
Contents:
Editor's Comments of the Day
Cases of the Day
Immigration News of the Day
ILW.COM Highlights of the Day
ILW.COM Chats and Discussions of the Day
Classifieds 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

The United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) prohibits the return of a person to another country where there are substantial reasons to believe that the person would be in danger of being subjected to torture. A CAT claim may be raised for relief from removal as an alternative to an asylum or withholding claim. Advantages of the CAT are that there are no eligibility bars (even aggravated felons may apply) and the claim may be raised even after a final order of deportation has been issued. Disadvantages are that the CAT only applies to fear of torture by a government or a person acting for the government and requires a higher standard of proof than asylum. Even if a person is successful under a CAT claim, he may be removed from the US to a third country.

There have been several decisions under the CAT over the past few months. Releif was granted in Matter of Opku, A75-794-878 (BIA August 7, 2000), where the Board of Immigration Appeals (BIA) found that prison guards were public officials and their actions fell under the definition of torture. A district court granted CAT relief to a woman who had been previously denied asylum but was a victim of domestic violence, atrocious persecution and torture at the hands of her husband. In Mansour v. INS, No. 99-3940 (7th Cir. Oct. 16, 2000), the district court found that the BIA erred when it did not adequately consider the Petitioner's torture claim based on his ethnic/religious affiliation as an Assyrian Christian. In a decision dated October 13, 2000, the court granted deferral of removal under CAT to a Cuban based on the past treatment of the respondent by the Castro government and since the regime is still in existence, there was a likelihood that the respondent would be recognized on his return. CAT relief was denied in Miguel v. Reno, No. 00-3291 (E.D. Pa. August 25, 2000), where the court overturned relief under CAT because the Petitioner failed to provide sufficient direct evidence to meet his burden of demonstrating that it was "more likely than not" that he would be tortured if forced to return to his home country. The parameters of relief under CAT are still being defined, but it should be considered in any case where a claim for asylum and withholding is made.


Cases of the Day

BALCA Finds No error in CO's Categorization of Day Care Worker
In Matter of Cleveland Park Kinder Haus, Ltd., 2000-INA-67 (BALCA, Nov. 20, 2000), the Board of Alien Labor Certification Appeals (BALCA) agreed with the Certifying Officer's (CO) decision to deny labor certification for an "Assistant Teacher" where the description of the job duties for the position were more in line with the position of "Day Care Worker" because the requirement of two years of experience for a "Day Care Worker" was excessive and the employer had not documented business necessity adequately.


Immigration News of the Day

German Tired of Waiting for INS
The Oklahoman reports that the German owner of Oklahoma City's "International Business of the Year," who has invested millions of dollars in his US company, created 40 American jobs and has won approval for his green card, still faces a yearlong wait before he will receive the card and before his two daughters, living with relatives in Germany, can finally join him.

The Great Foreign IT Worker Debate
According to Informationweek.com even though most companies work toward building a good relationship with their foreign hires, some abuse the H-1B process by not paying competitive wages or following the guidelines established by the INS.


ILW.COM Highlights of the Day

Special Offers! Best deals for immigrants....
Our immigrant staff has put together a list of useful products to fulfill the needs of other immigrants.


ILW.COM Chats and Discussions of the Day

Chat Transcripts
New chat transcripts have been added to the chat transcripts page. If you were unable to participate in the chat or just want to review the answers, check the chat transcripts page.

Attorneys, Sign up for a Chat Session
Attorneys sign up for a chat session by contacting webmaster@ilw.com.


Classifieds of the Day

ILW.COM carries classified ads for immigration related positions. $100 for single insertion, $250 for five consecutive insertions, payable in advance. Contact us for details. We will also carry for no charge announcements such as immigration related events. We reserve the right to refuse any ad and to make minor editorial and formatting changes. Send to editor@ilw.com.

Wanted: Legal Assistants Growing downtown (New York City) immigration/general practice law firm has openings for Legal Assistants with: *good communication skills *pleasant and mature personality *second language and labor cert. experience a plus. Please fax resume to 212-964-9525 ATTENTION: OFFICE MANAGER or e-mail to naw@nawlaw.com.


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