ILW.COM - the immigration portal Immigration Daily

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers

Home Page

Advanced search


Immigration Daily

Archives

RSS feed

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

Chinese Immig. Daily

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily

 

Chinese Immig. Daily



The leading
immigration law
publisher - over
50000 pages of free
information!

Copyright
©1995-
ILW.COM,
American
Immigration LLC.


Sponsor this page

Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
December 8, 2000
Contents:
Editor's Comments of the Day
Federal Register News of the Day
Cases of the Day
Congressional News 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
Classifieds of the Day
Free Subscription
Enter your e-mail address:
eg. name@domain.com

[ Searchable archive of past issues ]
Share this page with a friend Share this page


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 INS has released a proposed rule that provides guidance on the definitions of "persecution" and "membership in a particular social group," as well as what it means for persecution to be "on account of" a protected ground. The rule restates that gender can form the basis of a particular social group. It establishes principles for interpretation and application of the various components of the statutory definition of "refugee" to aid in the assessment of claims made by applicants who have suffered or fear domestic violence in light of the Board of Immigration Appeals (BIA) decision in In re R-A-, Interim Decision 3403 (BIA 1999). The rule clarifies that the factors considered in cases in the Court of Appeals for the Ninth Circuit regarding membership in a particular social group are not determinative. Finally, the rule clarifies procedural handling of asylum and withholding claims in which past persecution has been established.

The INS solicits comments both on the questions that they have left open and on whether the INS should seek to provide more direct guidance to adjudicators and the public on their resolution. They expect the questions addressed during the comment period to include: How persecution claims based on domestic violence might be conceptualized and evaluated within the framework of asylum law; how asylum officers, immigration judges, and the Board should determine whether a particular victim of domestic violence (or other acts of persecution by an individual non-state actor) has suffered this treatment "on account of" membership in a particular social group (e.g., gender or status of being in a domestic relationship); and whether, in view of the fact that claims based on harm inflicted by individual non-state actors are relatively new in the US, such claims raise distinct issues concerning statutory eligibility or the exercise of discretion in granting asylum.

As is clear in the commentary to the recently released final rule on asylum, comments, even if not adopted are addressed. Written comments on the proposed rule should be sent in triplicate to the Director, Policy Directives and Instructions Branch, Immigration and Naturalization Service, 425 I Street, NW., Room 4034, Washington, DC 20536. Reference INS No. 2092-00 on your correspondence. Comments must be received on or before January 22, 2001. Make your voice heard.


Federal Register News of the Day

Comment Request for Asylum and Withholding Definitions
The INS proposes a rule that provides guidance on the definitions and certain issues that have arisen in the context of asylum and withholding adjudications. Comments must be submitted by January 22, 2001.

Request for Grant Proposals for Program at Algerian Universities
The Bureau of Educational and Cultural Affairs announces an open competition for an assistance award program to support instruction and faculty training at one or more universities in Algeria in fields with significant potential impact on the Algerian economy. Foreign participants must be citizens or permanent residents of Algeria and qualified to receive a J-1 visa.

Request for Grant Proposals for Program at the University of Pristina, Kosovo
The Bureau of Educational and Cultural Affairs announces an open competition for an assistance award to support instruction and faculty training at the University of Pristina in business management and entrepreneurship and public administration. Foreign participants will be selected in consultation with the US Office in Pristina and must be instructors at the University of Pristina who are eligible to receive a J-1 visa.

Request for Grant Proposals for Summer Institute on Education Reform for Nigerian Tertiary Education
The Bureau of Educational and Cultural Affairs announces an open competition for a Summer Institute on Education Reform for Nigerian Tertiary Education Administrators and Policy Makers. Programs must comply with J-1 visa regulations and participants will travel on J-1 visas issued by the US Consulate in Lagos.


Cases of the Day

Asylum Denied to Indian Christian
In Ambati v. INS, No. 99-3211 (7th Cir. Dec. 7, 2000), the court affirmed the denial of a request for asylum and withholding by a Christian from India. The Petitioner failed to establish past persecution as he had worked in a government job and worshipped without interference before coming to the US, and failed to show a sufficient change in country conditions to justify a fear of future persecution.


Congressional News of the Day

Sen. Hutchinson Added as Cosponsor
At the request of Sen. Smith, the name of Senator Hutchinson from Arkansas was added as a cosponsor of S. 1814, a bill to establish a system of registries of temporary agricultural workers to provide for a sufficient supply of such workers and to amend the Immigration and Nationality Act to streamline procedures for the admission and extension of stay of nonimmigrant agricultural workers.


INS News of the Day

Clinton Administration's Human Rights Record
A press release from the White House reviews the human rights achievements of the Clinton Administration including reform of the asylum adjudication process, and new guidelines for the adjudication of asylum claims by women and children.


Immigration News of the Day

Open US Doors to Mexican Immigrants
R. Sean Randolph writes in the Chistian Science Monitor that Mexican President Vincente Fox's proposals for a more open Mexican-US border are worth considering.

INS Learns, 5 Years Too Late, It Mistakenly Deported US Citizen
The Salt Lake Tribune reports that the INS erred in its decision to deport Alberto Caballero to Colombia. He became an American citizen as a teenager when his parents became naturalized citizens. According to Caballero, even though he told officials his parents were citizens, nobody in the government bothered to check computer databases before forcing him out of the country.


ILW.COM Highlights of the Day

Make ILW.COM Your Homepage
Read the latest news in the immigration field, every time you log on to internet.


ILW.COM Chats and Discussions of the Day

Special Chat with INS
Participate in a special chat with Linda Dodd-Major, Acting Director of DOJ/INS Office of Business Liaison, on Tuesday, December 19, 2000, at 9:00 p.m. Eastern (New Yok) time. Questions will be accepted beginning 15 minutes before the start of the chat.


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.

SEMINAR: Corporate Immigration Law for Attorneys, In-House Counsel & Human Resource Personnel. Tuesday, December 12, 2000 - 9:00 a.m. to 3:30 p.m. New Jersey Law Center, New Brunswick, NJ. Contact ICLE 732-214-8500. http://www.njicle.com/cgi-bin/njicle.exe?SessionID=32&doc=/Seminars/seminarcorpimmig12-12.htm


Free Subscription
Enter your e-mail address:
eg. name@domain.com
          [ Searchable archive of past issues ]

Copyright 2000 American Immigration LLC, ILW.COM


• Case Tracking    • Membership    • Free Forms    • Submit an Article   
• Citizenship Materials    • Activism    • Immigrant's Weekly   


Immigration Daily: the news source for
legal professionals. Free! Join 35000+ readers
Enter your email address here: