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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
January 11, 2001
Editor's Comments of the Day
Federal Register News of the Day
Cases of the Day
INS News 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
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

The Executive Office for Immigration Review ("EOIR") has introduced a new Statistical Year Book. The Statistical Year Book contains statistical reports on the numbers of aliens in immigration proceedings in the immigration courts and before the Board of Immigration Appeals ("BIA"). It offers an overview of the various kinds of immigration matters adjudicated by EOIR including reports and tables on matters received and completed by the immigration courts, cases received and completed by the Board, immigration court matters received and completed by type (of case), Board cases received and completed by type, cases completed by nationality, cases completed by representation status, asylum cases received and completed, and other statistical categories.

The EOIR is responsible for developing policies and directing activities related to the conduct of administrative hearings and appellate reviews on a variety of immigration issues, including the determination of individuals' immigration status in the US. The EOIR is a separate agency from the Immigration and Naturalization Service ("INS") whose duties are to conduct immigration inspections of travelers entering (or seeking entry) to the US, regulate permanent and temporary immigration, maintains control of US borders, and identify and remove people who have no lawful immigration status.

Federal Register News of the Day

Emergency Immigrant Education Program
The Department of Education is accepting applications until March 16, 2001, for its program that provides grants to State educational agencies (SEAs) to assist local educational agencies (LEAs) that experience unexpectedly large increases in their student population due to immigration.

Comment Request on Attestations by Facilities Employing H-1C Nonimmigrant Aliens Nurses
The Employment and Training Administration is requesting comments concerning the proposed extension to the collection of information on Form ETA 9081, Attestations by Facilities Temporarily Employing H-1C Nonimmigrant Aliens as Registered Nurses. Comments must be submitted by March 12, 2001.

Cases of the Day

2nd Circuit Upholds IIRIRA's Stop Time Rule
In Rojas-Reyes v. INS, No. 99-4131,(2nd Cir. Dec. 15, 2000) the court denied Rojas-Reyes' petition for review and determined that IIRIRA's "stop-time rule" does not violate an alien's substantive due process rights. The court also rejected the Petitioner's procedural due process arguments and found that the Petitioner could not invoke the estoppel doctrine in this case.

Conspiracy to Submit Fraudulent Asylum Claims
The court in US v. Liu, No. 00-1037 (2nd Cir. Dec. 27, 2000), upheld the conviction for conspiracy to submit fraudulent asylum claims and rejected challenges to the specificity of the search warrant, the scope of the search, the sufficiency of the evidence to support a charge of conspiracy and the instructions to the jury.

No Relief Under CAT for Domestic Violence Victim
In Ali v. Reno, No. 99-4464 (6th Cir. Jan. 10, 2001), the court found that the Immigration Judge ("IJ") and the Board of Immigration Appeals ("BIA") did not err in finding that Petitioner had firmly resettled in a country which had accepted her as a refugee, and that she did not warrant protection under the Convention Against Torture ("CAT") even though she had been the victim of domestic violence.

Court Defines "Subsequent"
[You will need Acrobat to read this file]
In USA v. Sanchez-Perez, No. 00-1755, (8th Cir. Jan. 10, 2001) the court determined that "subsequent" to an order of deportation should be understood to carry its common meaning of "after" and not "as a result of."

Reckless Transportation of Illegal Aliens
[You will need Acrobat to read this file]
The court in USA v. Rio-Baena, No. 00-1509, (8th Cir. Jan. 10, 2001) found that the district court correctly enhanced Rio-Baena's base offense level for transporting illegal aliens since he recklessly created a risk of death and injury to the illegal aliens who were crammed in a cargo van without seatbelts.

INS Liable for Attorney's Fees
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The Magistrate Judge in Kogbzev v. INS, No, 00 C 4576 (N.D. Ill. Jan. 4, 2001), granted Petitioner's application for attorneys fees against the INS for a mandamus action which Petitioner had brought to compel INS to adjudicate his adjustment application under the DV Lottery program.

INS News of the Day

EOIR Statistical Year Book
[You will need Acrobat to read this file]
The Executive Office for Immigration Review ("EOIR") has introduced a Statistical Year Book with reports on the number of aliens in immigration proceedings before the immigration courts and the Board of Immigration Appeals ("BIA").

ILW.COM Featured Article of the Day

Time is Running Out For Rodi Alvarado Peña
Irene Weiser of writes about the case of Rodi Alvarado Peña and INS' proposed rules to address gender-based asylum claims.

Immigration News of the Day

A Prayer for Immigrants
According to undocumented aliens and immigrants from Latin America, Asia, Africa and Europe, as well as politicians and religious and labor leaders, joined the two most spiritually influential Catholics in NY city-Archbishop Edward Egan and Bishop Thomas Daily - to pray for themselves and other immigrants in a special service marking the Catholic Church's National Migration Week.

Illegal Hiring Goes On, Largely Unseen
In the wake of Linda Chavez's withdrawal the St. Petersburg Times reports on the hiring of undocumented workers.

ILW.COM Highlights of the Day

Get answers to your question from the INS on employment, family, visitor or other type of immigration.

ILW.COM Chats and Discussions of the Day

Chat with Stephen Berman
Attorney Stephen Berman will answers questions on all apsects of immigration law on Thursday, January 11, 2001, at 9:00 p.m. Eastern (New York) time. Questions will be accepted beginning 15 minutes before the start of the chat.

Letters to the Editor

Dear Editor,

The I-9 has claimed another victim as Linda Chavez bites the dust. If there is a more effective way of preventing professional women from serving in the Cabinet, I would like to know what it is. As a harsh critic of the late lamented nomination of Zoe Baird to be Attorney General, Ms. Chavez may have died by the same harsh sword that she wielded. The fact remains that she appears to have been motivated by the same generous humanitarian impulses that led an earlier generation of rescuers to create the Underground Railroad. Employer sanctions are observed in the higher reaches of our political class only in the breach, and, like the failed experiment of prohibition, serve primarily to breed cynicism and disrespect for the law itself. The opponents of Chavez, and I count myself among them, pointed to her lack of concern for worker's rights. The most basic right of any American worker is the right to work with dignity in an economy that provides growth and challenge. For that, opponents of Chavez would do well to repeal employer sanctions, as Sen. Orrin Hatch has previously proposed, and provide an expanded and enlightened system of employment-based immigration that is self-consciously designed to bring in those who will enrich America. If Linda Chavez can help bring that about, maybe even she would celebrate her demise.

Gary E. Endelman
Immigration Attorney

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

Fragomen, Del Rey, Bernsen & Loewy is the largest law firm in the country practicing exclusively in the area of immigration and nationality law. In order meet the demands of our growing business, the firm is actively recruiting for experienced paralegals. The ideal candidate has business immigration experience or a human resources background dealing with immigration issues. Must have excellent verbal and written communication skills and be able to perform multiple tasks in a fast-paced environment. The firm offers superior salaries and exceptional growth opportunities. Please submit cover letter and resume to Anne-Rose van den Bossche, Esq., Fragomen, Del Rey, Bernsen, & Loewy, 515 Madison Ave, New York, NY 10022; fax 212-223-8757; email

THE SPEAKERS: This is a bench-bar panel coordinated by US Immigration Judge William Strasser and featuring three other Immigration Judges: Hon. Jeffrey S. Chase, Hon. Margaret McManus, Hon. Alan. A. Vomacka, and INS Assistant District Counsel Lisa Greenburg. Click here for details.

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