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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 24, 2001
Contents:
Editor's Comments of the Day
Cases of the Day
Congressional News 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
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 editor@ilw.com. Letters may be edited and may be published and otherwise used in any medium.

Editor's Comments of the Day

In Tapia-Garcia v. INS, No. 99-9540 (10th Cir. Jan. 19, 2001), the court agreed with the Immigration Judge ("IJ") and the Board of Immigration Appeals ("BIA") that a conviction for driving under the influence in violation of the Idaho code is a crime of violence and an aggravate felony for immigration purposes. This is in contrast to the recent BIA case finding that a Delaware conviction for driving under the influence of alcohol is not a crime of violence within the meaning of aggravated felony because Delaware's statute covers not only driving and operating a motor vehicle, but also "having actual physical control." Without reaching the question of whether driving under the influence should be a removable offense, the consequences should not depend on the state where the crime is committed.


Cases of the Day

Prior Deportation Orders Cannot Be Reinstated if Alien Reentered Before IIRIRA
The court in Castro-Cortez v. INS, No. 99-70267, (9th Cir. Jan. 23, 2001), while declining to decide if new provisions for reinstatement of deportation orders violate Due Process, did conclude the provisions do not apply to aliens who reentered the US before IIRIRA's effective date.

DUI in Idaho a Crime of Violence
In Tapia-Garcia v. INS, No. 99-9540 (10th Cir. Jan. 19, 2001), the court agreed with the Immigration Judge ("IJ") and the Board of Immigration Appeals ("BIA") that a conviction for driving under the influence in violation of the Idaho code is a crime of violence and an aggravate felony for immigration purposes.


Congressional News of the Day

Bill to Aid Children of US Citizens Born in the Philippines or Japan Referred to Committee
S. 56, a bill to facilitate the immigration to the US of certain aliens born in the Philippines or Japan who were fathered by US citizens, was introduced in the Senate and referred to the Senate Committee on the Judiciary.

Unaccompanied Alien Child Protection Act Referred to Committee on the Judiciary
Senator Feinstein addressed the Senate on S. 121, a bill to establish an Office of Children's Services within the Department of Justice to coordinate and implement Government actions involving unaccompanied alien children, which was then referred to the Senate Committee on the Judiciary.

Legislation on Protection of US Borders Referred to Committee on Finance
Senator Gramm addressed the Senate on S. 92, a bill to authorize appropriations for the US Customs Service for fiscal years 2002 and 2003, which was then referred to the Committee on Finance.


INS News of the Day

Approval of the Hague Convention Regarding Intercountry Adoptions
The INS has issued a Fact Sheet outlining the changes that will take place in US immigration law once the Intercountry Adoption Act of 2000 is implemented. The implementation of the Act will occur only after the INS and the Department of State publish implementing regulations in the Federal Register which is expected within the next two years.


ILW.COM Featured Article of the Day

INS Releases Long Awaited Health Care Worker Regulations
Greg Siskind writes about the INS regulations covering certification of nurses, physical therapists, occupational therapists, speech-language pathologists, medical technologists, medical technicians and physician assistants.

The L-1 Visa: Questions and Answers for the Foreign Entrepreneur
Cyrus D. Mehta provides information on the L-1 visa which facilitates the transfer of key employees from a foreign corporation to a U.S. branch, parent/subsidiary or affiliated entity.


Immigration News of the Day

Reno Voids Denial of Asylum for Guatemalan Battered Wife
The New York Times [registration required] reports that in one of her last acts as attorney general, Janet Reno voided the BIA's ruling that denied political asylum to a Guatemalan woman who fled her country to escape an abusive husband. Reno's decision was hailed as a boon for other women who are seeking asylum in the US on grounds that they were persecuted because of their sex.

Editor's Note: This is the case written about by Irene Weiser in Time is Running out for Rodi Alvarado Peña.


ILW.COM Highlights of the Day

INS FAQs
Get answers to your questions on employment, family and other categories from the INS.


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.

HELP WANTED: CORPORATE IMMIGRATION PARALEGAL
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 avandenbossche@fragomen.com

SEMINAR: ASYLUM LAW AND PROCEDURE
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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