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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
December 12, 2000
Editor's Comments of the Day
Cases of the Day
Congressional News of the Day
INS News of the Day
DOS 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
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 Letters may be edited and may be published and otherwise used in any medium.

Editor's Comments of the Day

Senator Spence Abraham of Michigan will not be returning to Washington for the 107th Congress. As Gary Endelman writes in a letter to the editor Senator Abraham shifted the focus of the debate over immigration to include immigration as an economic planning tool. The Senator's outspokeness on immigration led to a bill board campaign in his home state by the Federation for American Immigration Reform, which opposes an increase in immigration. We invite tributes to and criticism of Senator Abraham's effect on American immigration policy.

In the Immigration News section of the December 11 issue of Immigration Daily we incorrectly identified the source of the article "Immigrants Earn Less, Pay More for Housing in Silicon Valley," as the San Jose Mercury Times. The correct name of the publication is the San Jose Mercury News.

Cases of the Day

Attorney General Not Custodian
In Vasquez v. Reno, No. 00-1505 (1st Cir. Dec. 8, 2000), the court found that the Attorney General is not "the person having custody of the person detained," and so was not the proper Respondent in the alien's petition to a habeas petition.

Uncontroverted Testimony Establishes Persecution
The court in Shoafera v. INS, No. 98-70565 (9th Cir. Dec. 11, 2000), rejected the Board of Immigration Appeals' (BIA) adoption of the Immigration Judge's (IJ) finding that Petitioner's claim she was raped due to her ethnicity was "speculation." The court concluded that Petitioner's uncontroverted and credible testimony was sufficient to establish past persecution on account of her ethnicity triggering a regulatory presumption of eligibility for asylum. The court remanded the case for the consideration of changed country conditions. The footnotes to the dissent to the September 7, 2000, decision have been amended.

BIA's Adverse Credibility Finding Violation Of Right to Due Process
In Abovian v. INS, No. 98-70934 (9th Cir. Dec. 11, 2000), the Court held that the Board of Immigration Appeal's adverse credibility finding absent a determination by the Immigration Judge (IJ) and without affording the Petitioner the opportunity to establish his credibility was a violation of the right to due process. The dissent to the July 19, 2000, decision has been amended.

Congressional News of the Day

H.R. 5648 Introduced in the House
H.R. 5648, a bill to delay any legal effect or implementation of a notice of rights and request for disposition form of the INS if an alien admits to being in the US illegally, gives up the right to a hearing before departure, and requests to return to his country without a hearing, was introduced in the House of Representatives and referred to the House Committee on the Judiciary.

Communications Before the Senate
The Director of the Policy Directives and Instructions Branch, INS, reported a rule entitled "Asylum Procedures" to the Senate, which referred the report to the Committee on the Judiciary.

INS News of the Day

Proposed Rule on Gender Based Asylum
The Attorney General and the Commissioner of the INS announced regulations that establish a broad analytical framework for the consideration of asylum claims based on membership in a particular social group. The proposed rules also recognize that victims of domestic violence may, under certain circumstances, qualify for asylum.

INS Q & A on Change in Asylum Rules
An INS press release answers questions regarding the final rule on asylum and withholding claims published by INS.

Q & A on Proposed Asylum Regs
An INS press release offers answers to questions regarding the effect of the proposed asylum rules for victims of domestic violence promulgated after the Board of Immigration Appeals decision in Matter of R-A.

President Supports Termination of Deporation Proceedings
President Clinton supports the decision of the Attorney General at the request of the Secretary of State to terminate or not to initiate deportation proceedings against individuals connected with the IRA.

DOS News of the Day

US-Cuba Migration Talks in Havana
On Monday, December 11, 2000 a delegation led by Deputy Assistant Secretary for Western Hemisphere Affairs William R. Brownfield will meet with Cuban government officials in Havana for the next round of the biannual US-Cuba migration talks. This meeting will review the implementation of the existing migration accords.

Fulbright Artists Showcase Work on Virtual Gallery
The Fulbright Scholarship Program, the US Government's flagship international education J-1 exchange program, has opened an on-line gallery at to showcase the work of emerging and established Fulbright artists.

Immigration News of the Day

Card Sharps, Selling Green Cards in Denver is Easy Money reports on the INS's efforts to stop green card fraud and counterfeiting operations.

Immigrant Felons Stir Worry in Dorchester
According to the Boston Globe, at least 50 Vietnamese who were convicted of felonies, served prison time in Massachusetts, and were ordered removed from the US, are free on Boston streets because Vietnam does not accept deportees.

ILW.COM Highlights of the Day

ILW.COM Attorney Members Can Use Case Tracking for 10 FREE Cases
If you are an ILW.COM attorney member and do not already use ILW.COM case tracking software, then you are entitled to 10 free cases. If you do not have your username/password, write to

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.

Letters to the Editor

Dear Editor,

Spencer Abraham's crowning achievement during his term in the US Senate is to establish the primacy of economic internationalism and American competitiveness in the global economy as the cornerstones of business immigration policy. Before Senator Abraham, immigration was seen by USDOL and INS as a problem to be curbed and regulated; now, the US business community and the Washington policy elite have been educated by Senator Abraham to view employment-based immigration as a core economic asset whose skillful application is essential to the maintenance of American domination in the world economy. We have moved from concepts of "reform and control" in 1986 to "American Competitiveness in the 21st Century" in 2000. More than any single piece of legislation, this sea change in how we, as a country, look at immigration is what Spencer Abraham will be long remembered for. Our ability to be a creative and young economy always looking for a better tomorrow is his just reward. Thank you Senator.

Gary Endelman

Classifieds of the Day

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