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Immigration Daily


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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 12, 2001
Editor's Comments of the Day
Tip 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

On February 8 technical problems interfered with the scheduled chat with attorney Margaret Stock. The ILW.COM site is hosted on servers which depend on the Sprint network. Sprint carries approximately 30% of the world's Internet traffic. The failure of a Sprint router caused intermittent failures in communication for more than five hours. The problem was not one over which ILW.COM had any control. We share the frustration of Ms. Stock and the visitors to the site over this failure in communication. While the internet benefits people around the world, yesterday's outage was a reminder of its weaknesses.

Tip of the Day


The INS web site has a wealth of valuable immigration information. ILW.COM tries to make it easy for you to find the INS information you want. We have organized the information in Employment INS FAQs, Family INS FAQs, Visitor Visa INS FAQs and General information INS FAQs. We hope the organization will allow you to find the answers you need.

Cases of the Day

No Rational Basis Needed for Immigration Laws
In Rodriguez-Silva v. INS, No. 99-60715 (5th Cir. Feb. 8, 2001), the court found that Due Process Clause of the Fifth Amendment does not in any way restrict Congress's power to use nationality or place of origin as a criteria for naturalization or admission of aliens, and Congress need not make even a rational basis for the nationality sensitive provisions of NACARA.

INS Detentions Civil in Nature
The court in US v. Drummond, No. 00-10768 (11th Cir. Feb. 8, 2001), the court found that INS detentions are civil in nature and do not trigger the Speedy Trial Act, and a prior conviction for menacing satisfied the "crime of violence" element of the definition of aggravated felony.

Congressional News of the Day

Legislation for Immigrant Students
The text of S. 269, a bill to ensure that immigrant students and their families receive the services the students and families need to successfully participate in elementary schools, secondary schools, and communities in the US is now available.

INS News of the Day

Reminder on EOIR Forms
The Executive Office for Immigration Review ("EOIR") reminds attorneys and other representatives who practice before the Board of Immigration Appeals ("BIA") or the Immigration Courts that they must use the August 1999 version of the EOIR-27 and EOIR-28 forms.

EOIR Announces Disciplinary Actions
The Executive Office for Immigration Review ("EOIR") has taken disciplinary action against five attorneys after charging them with violations of the Rules of Professional Conduct for Immigration Practitioners.

ILW.COM Featured Article of the Day

Section 245(i) is Not an Amnesty Program
Cyrus D. Mehta writes that the provisions enacted on December 21, 2000, have caused a lot of confusion in the minds of people, especially 245(i), and reminds everyone that 245(i) is not an amnesty program.

Immigration News of the Day

Business is Good for "Los Notarios"
According to the Bergen Record all the rush and confusion over who qualifies for 245(i) serves as bait for the immigrations sharks who feed on the ignorance of desperate people.

ILW.COM Chats and Discussions of the Day

Chat with Barry Lieber
Barry Lieber will answers questions on all aspects of immigration law on Monday, February 12, 2001, at 9:00 p.m. Eastern (New York) time. Questions will be accepted starting 15 minutes before the chat.

Letters to the Editor

The following is in response to Immigration Issues in the 107th Congress by Andres Benach from the Offices if Cyrus D. Mehta which was featured in the February 9, 2001, issue of Immigration Daily.

Dear Editor:

It seems that we are facing a more uncertain and more restrictive immigration environment under the new US President, Attorney General, Chairman of House Subcommittee for Immigration.

In your ILW.COM featured article (Feb. 9, 2001) "Immigration Issues in the 107th Congress," only a few sentences was committed to the issue of "fixing the 1996 laws to restore fairness and due process to immigration law." I am hoping that this issue will not be ignored and unpropotionally under-represented in your all good will and efforts for the rights of immigrants.

Immigrants as a group don't have right to vote, and most of the time, don't have financial means to influence politicians. Many of them even cannot afford a good and honest lawyer. Their only hope or prayer is to have some fair law over all. Your Website is really doing something tremendously good for the public, and for "weak" and ignored. I sincerely wish in year 2001, we will see more effort in your website pushing the campaign to fix the unfair part of the 1996 immigration law.


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 to meet the demands of our growing business, the firm is actively recruiting for experienced paralegals in its NEW YORK, NEW JERSEY and CHICAGO offices. 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 Diana Friedman, Fragomen, Del Rey, Bernsen, & Loewy, 515 Madison Ave, New York, NY 10022 or fax 212-758-7215.

Experienced Immigration Legal Assistants consider the best of all worlds: Live in Chattanooga, TN, a lovely mid-sized city. Work directly with the author of a national law book on immigration (Robert Divine) with well-organized practice tools. Serve national and local clients for the 10 offices of a growing regional full service law firm (Baker Donelson Bearman & Caldwell, P.C.). Requires detail oriented, highly organized individual with bachelor's degree and clear verbal and written skills. Spanish fluency a plus but not required. Salary dependent on experience. E-mail resume:

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