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Editor's Comments of the Day
The court in Cortez-Acosta v. INS, No. 97-71033 (9th Cir. Dec. 8, 2000), determined that an Immigration Judge's (IJ's) hand written notation on an Order to Show Cause made at a master calendar hearing did not meet the standard of "clear, unequivocal and convincing evidence" required for a deportation order. The court found bound to give deference to an Immigration Judge (IJ) only when "the judge acts in the context of the adjudicatory process and his findings are effectively reviewable on appeal. There was no contemporaneous recording of the master calendar proceedings. The court found that the master hearing fell short of what is expected in an adjudicatory proceeding and so treated the IJ's notations as evidence and not findings of fact. The lesson? Be sure not to get it in writing.
Immigration Daily maintains a searchable archive of past issues. If you missed an issue, want to review an announcement or need to print a case you can find it in the serachable archives.
Federal Register News of the Day
to Extension of Somalia TPS
The INS has issues a date correction to the
"Extension of Designation of Somalia Under Temporary Protected Status Program"
published on Monday,
November 20, 2000.
Cases of the Day
No Departure for Alien
In US v. Garay, No. 00-40048 (5th Cir. Dec. 7,2000), the court found that being a deportable alien is no reason for a downward departure from the sentencing guidelines for an alien found in the US after having been deported.
IJ a Witness, Not an Adjudicator
The court in Cortez-Acosta v. INS, No. 97-71033 (9th Cir. Dec. 8, 2000), determined that an Immigration Judge's (IJ's) hand written notation on an Order to Show Cause made at a master calendar hearing did not meet the standard of "clear, unequivocal and convincing evidence" required for a deportation order. There was no contemporaneous recording of the proceedings and the court treated the IJ's acts as the observations of an ordinary witness and not an adjudicator.
Presence at Processing Center Does not Equal "Found In" United States
In US v. Ruiz-Lopez, No. 98-50599 (9th Cir. Dec. 8,2000), the court reversed a conviction for being found in the US after having been deported because the evidence established only that Defendant had been present at a border patrol processing center, not that he had had been in the US free from official restraint.
Petit Theft can be Aggravated Felony
The court in US v. Corona-Sanchez, No. 98-50452 (9th Cir. Dec. 8,2000), found that the crime of petit theft under state law met the definition of a theft offense and so was an aggravated felony for purposes of immigration law.
Congressional News of the Day
In an address to the House Rep. Towns paid
tribute to the Immigrant's Journal which is a widely read and distributed
newspaper in New York City dealing with immigration and related
issues facing the 2 million immigrants living in New York City.
Abraham Addresses the Senate
In an address to the Senate Sen.
Abraham thanked his staff and colleagues, commented on his term in the Senate,
and stated that, "I am especially proud of the role that I tried to play in
changing the tone of the debate over immigration."
Immigration News of the Day
Change Planned in Asylum Rules on Domestic Abuse
The Los Angeles Times reports that the new US Justice Department rules on asylum
would ease the way for victims of domestic violence to gain asylum in the US and would
represent a major victory for women's groups, immigrant advocates and others who have
waged a national campaign to make it easier for women to win claims alleging persecution
based on gender.
Immigrants Earn Less, Pay More for Housing in Silicon Valley
the San Jose Mercury Times a new government survey concludes that foreign-born residents
of the Silicon Valley earn less on average than US born residents, but pay more for housing.
ILW.COM Highlights of the Day
Would You Rather Stay Away from Politics?
Speak your mind and hear what others have to say!
ILW.COM Chats and Discussions of the Day
Chat with Alice Yardum-Hunter
Attorney Alice Yardum-Hunter will answer questions on all aspects of immigration law on Monday, December 11, 2000, at 9:00 p.m. Questions will be accepted starting 15 minutes before the beginning 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 firstname.lastname@example.org.
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.