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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
February 5, 2001
Editor's Comments of the Day
Tip of the Day
Federal Register News 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 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

REMINDER: Beginning February 5 the DOL will accept the new ETA-9035. you can also download the instructions for completing the form. The form is in a fillable format. You need Acrobat 4.0 to read and complete the form. Hitting the "Reset" button at the bottom of page 3 of the form will change the "page link" number. The page link number must be the same on all three pages of the form so that the DOL can keep track of the pages on their end. The FAX number for LCAs is (800) 397-0478.

In response to our editor's comments of December 22, 2000, the INS Web Manager has written a letter with information on the INS's efforts to provide timely and accurate information to the public by INS officers.

Tip of the Day

Immigration Daily Searchable Archive of Past Issues

Immigration Daily maintains a searchable archive of past issues. Did you miss an issue of the Daily? Have you tried to go back and locate a case or notice from the federal register only to find you had deleted the e-mail? Are you a recent subscriber who wants to know what you missed in the earlier issues? All past issues of Immigration Daily are archived by date. You can also use the search function to search the digest portion, the original source documents or both. Coming soon will be improved search capabilities to help you refine your search further. Old issues of the Daily do not die, they just get archived. And unlike many on-line publications we do not require subscription or registration for access to the archive. Just like the e-mail subscription the archive is available to anyone who is interested-for free!

Federal Register News of the Day

Foreign Passports Recognized for Extended Validity
The INS has issued a list of countries which have agreed that their passports will be recognized by them as valid for the return of the bearer for a period of six months beyond the expiration date specified in the passport.

List of Countries Affected by the TWOV Program
The INS has delayed for 60 days the effective date of the interim rule entitled ``Update of the List of Countries Whose Citizens or Nationals Are Ineligible for Transit Without Visa (TWOV) Privileges to the United States under the TWOV Program's, published in the Federal Register on January 5, 2001. The new effective date for the rule is April 6, 2001.

Cases of the Day

Trafficking Victim's Inability to Return Home Not a Basis for Enhanced Sentence
The court in US. v. Castenada, No. 00-10204 (9th Cir. Feb. 2, 2001), found that the district court erred in an imposing a "vulnerable victim" sentence enhancement for transportation women from the Philippines for illegal sexual activity because the inability to return to one's country is a typical characteristic of the victims protected by the Mann Act.

53 Month Detention not an Abuse of Discretion
[You will need Acrobat to read this file]
In Lawrence v. Reno, No. 00 Civ. 4559(LAK) (S.D.N.Y. Jan. 30, 2001), the court denied the habeas petition of a Petitioner who had been held in INS custody 53 months pending deportation finding no abuse of discretion on the part of the INS where it had performed a review of the Petitioner's custody.

Court Affirms 30 Day Limit for Appeals to BIA
The court in Bennett v. Reno, No.00 Civ.6669(LAK) (S.D.N.Y. Jan. 30, 2001), denied a habeas petition finding the Board of Immigration Appeals ("BIA") had properly dismissed the Petitioner's appeal as untimely since it was received by the BIA one day after the 30 day period allowed in the regulations.

Congressional News of the Day

Gekas Named Chairman of Immigration and Claims Subcommittee
Congressman George W. Gekas (R-Pa.) has accepted the position of Chairman of the House Immigration and Claims Subcommittee .

INS News of the Day

INS Guidance on 245(i)
The INS Office of Business Liaison offers guidance on the adjustment of status under 245(i) including a the difference between 245(i) and amnesty, the permanent residence process in a nutshell and a review of the labor certification process.

EOIR Publishes Final Rule on Restoration of 212(c) Waiver
The Executive Office for Immigration Review ("EOIR") published in the Federal Register on January 22, 2001 a final rule which reinstates a discretionary relief under 212(c) for lawful permanent residents whose criminal convictions subject them to deportation from the US. The deadline for aliens to file for relief under this rule is Monday, July 23, 2001.

ILW.COM Featured Article of the Day

The 245(i) Immigration Boom and Law Office Productivity
Malay Jalundhwala writes about how ILW.COM case tracking software can increase law office productivity in the wake of increased case loads due to 245(i).

Immigration News of the Day

US Citizen Almost Lost in Red Tape, False Name
According to the Orange County Register, the INS almost deported a US Citizen to Malaysia because of a case of mistaken identity.

ILW.COM Chats and Discussions of the Day

Chat with Robert Hollander
Robert Hollander will answer questions on all aspects of immigration law on Monday, February 5, 2001, at 9:00 p.m. Eastern (New York) time. Questions will be accepted starting 15 minutes before the chat.

Letters to the Editor

Dear Editor,

We are a little late in thanking you for your editorial of December 22, 2000. [link http//,1222.shtm] We appreciate your review and your support of our revamped Website. Getting timely and accurate information -- and the latest forms -- to our mutual customers is an awesome and challenging task. All of us at INS are pleased that our Web efforts have met with some success....
[Read the whole letter here]
Gregg Beyer
INS Web Manager

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

Maggio Kattar seeks a highly skilled associate to join our creative and congenial Washington, D.C. office. This attorney will lead a team of committed paralegals and work in conjunction with our other teams in providing representation to corporations and individuals across the nation. Excellent compensation, meaningful work. E-mail your resume in confidence to

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