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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 29, 2000
Editor's Comments of the Day
Federal Register News of the Day
Cases of the Day
ILW.COM Featured Article 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 Letters may be edited and may be published and otherwise used in any medium.

Editor's Comments of the Day

The immigration provisions of the omnibus appropriations bill include a provision for a premium fee for employment-based petitions and applications. The Attorney General is authorized to establish and collect an additional $1000 fee for employment-based petitions and applications to provide for premium-processing services and to make infrastructure improvements. The premium processing fee is a bad idea. No one should have to pay extra for the INS to do what it is supposed to do anyway. The fee will only add to the confusion that enables nefarious persons to prey on the hopeful and uneducated by telling them they can get a green card if they only pay more money. Finally, a premium processing fee for government services flies in the face of the most basic of American ideals, that all people are equal before the law. The Attorney General is authorized, not required, to establish the fee. Even if bad laws don't die, they can just fade away.

Federal Register News of the Day

Clarification of Parole Authority
The INS has issued an interim rule that amends INS regulations concerning the authority of officials to grant aliens parole from INS custody by specifically identifying the scope of that authority. This interim rule is effective January 29, 2001 and written comments must be submitted by February 26, 2001.

Amendments to Requirements for Employment Authorization Fee
This final rule amends INS regulations by removing outdated language requiring that only certain El Salvadorans pay a fee for Temporary Protected Status ("TPS")-related employment authorization documents, and makes INS regulations conform to the requirement that all applicants for TPS who request work authorization pay the fee.

Grant Proposals Requested for Russian - US Young Leadership Fellows
The Bureau of Educational and Cultural Affairs announces an open competition for administration of the Russian - US Young Leadership Fellows for Public Service Program for the academic year 2002-2003. Non-profit organizations meeting the requirements may submit proposals for the J-1 program.

Cases of the Day

Failure to Mail Notice Question of Fact
The court in Radkova v. INS, No. 00-1715 (1st Cir. Dec. 20, 2000), vacated the Board of Immigration Appeals ("BIA") denial of a motion to reopen and remanded for the BIA to consider whether an earlier denial had been properly mailed.

No Intent Required to be Found in US
In US v. Guzman-Ocampo, No. 99-20968 (5th Cir. Dec. 21, 2000), the court found that being present in the United States after having been deported requires only a general intent, and Defendant was free to challenge the voluntariness of his entry.

Presumption of Voluntary Presence
In US v. Quintana-Torres, No. 99-50690 (9th Cir. Dec. 28, 2000), the court found that voluntariness is an element of the crime of being a deported alien found in the United States, but that a reasonable juror could infer that an alien had the intention to be here when the alien is discovered at any location other than the border. The court has amended the September 15, 2000, decision and denied the motion for rehearing.

ILW.COM Featured Article of the Day

Limited Restoration of 245(i)
Arthur L. Zabenko, Esq., writes about the restoration of 245(i) inlcuding suggestions on documenting physical presence and warnings about unscrupulous practices.

Adopted Children and the Child Citizenship Act of 2000
Everett P. Anderson and Dan H. Berger write about the recent changes in immigration law affecting adopted children and child citizenship.

Immigration News of the Day

Immigration Zone Plan Shelved
According to the Des Moines Register Iowa is shelving its pursuit of so-called "Immigration Enterprise Zones," free of some federal immigration regulations, as officials find it more practical to focus on attracting to the state immigrants already in the country.

Some Judges Working To Limit Criminals' Deportation
The Boston Globe reports that a growing number of judges are reducing the criminal sentences of immigrants to avoid the law that requires automatic deportation of any immigrant who has been convicted of any crime that carries a sentence of 365 days or more.

ILW.COM Highlights of the Day

Your Favorite Feature
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ILW.COM Chats and Discussions of the Day

New Chat Trasncripts Posted
The transcript of the December 19, 2000, chat with Linda Dodd-Major, Acting Director/INS Office of Business Liaison has been posted on the chat transcripts page.

Classifieds of the Day

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