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

The California Service Center Processing Times have been udpated. the information on processing times is obtained from AILA which obtains the information from the INS. Unfortunately, experience has shown that the INS is not always the best source of information on its own processing times. We encourage the submission of information on INS and DOL processing times at times@ilw.com. To date we have reproduced in the Daily all the processing times information we have received. A large amount of data is required to get picture of the what the real processing times are. This information is valuable not only to attorneys, petitioners and beneficiaries awaiting adjudication of petitions. The information can be of help to the INS and DOL in assessing their their own performance, and trying to justify budget requests for adequate resources to adjudicate petitions within the bounds of law and reason.


Tip of the Day

Immigration Information on ILW.COM

To make it easier for our site visitors to find the immigration information they need we have grouped it under four headings - Family, Employment, Visitors and General information. Each section includes INS and Attorney FAQs, relevant articles, the visa bulletin and INS processing times. The Family section includes information on adoption, sponsoring family and marrying abroad. In the Employment section professionals can find information about H-1Bs and labor certifications and employers can find information on petitioning the INS for their employees and how to complete properly the I-9 Employment Verification form. Travelers and tourists will find information on how to extend their B-2 visas and exchange programs. The General immigration section includes information for students and topics such as deportation, naturalization and immigration policy. ILW.COM is a platform for the exchange of information. The Immigration Information section offers information for all your immigration needs.


ILW.COM Featured Article of the Day

The INS Issues Detention Standards Governing the Treatment of Detained Immigrants and Asylum Seekers
Llewelyn G. Pritchard, chair of the American Bar Association's (ABA) Immigration Pro Bono Development and Bar Activation Project, analyzes the new INS detention standards being phased in all facilities holding INS detainees.


Federal Register News of the Day

INS NAILS System
The INS has proposed a rule to redescribe the National Automated Immigration Lookout System (NAILS), formerly called Service Lookout System, to improve the clarity and accuracy of the system description. The purpose of the system is to facilitate the inspection and investigation processes by providing quick and easy retrieval of biographical or case data on individuals who may be inadmissible to the United States, or may be of interest to other Federal agencies.


Cases of the Day

Failure to Meet Deadline Basis for Dismissal
[You will need Acrobat to read this file]
In Anssari-Gharachedaghy v. INS, No. 99-3615 (6th Cir. Mar. 27, 2001), the court found that the Board of Immigration Appeals (BIA) did not abuse its discretion when it followed its own rules and dismissed an appeal received one day after the filing deadline.

AIDS not a Necessity Defense to Illegal Reentry
The court in US v. Arellano-Rivera, No. 00-50453 (9th Cir. Apr. 4, 2001), found that in a conviction for entering the US after having been deported, the district court did not err in refusing to dismiss the indictment on the basis of Speedy Trial Act violations, precluding the Defendant from entering evidence to support of necessity defense of seeking treatment for AIDS since he could have applied for permission to reenter the US, and enhancing the sentence based on a prior aggravated felony conviction.

Transfer to District for Habeas Jurisdiction
In Cruz-Aguilera v. INS, No. 99-71032 (9th Cir. Apr. 4, 2001), the court determined that it lacked jurisdiction to consider the petition for direct review of the Board of Immigration Appeals's (BIA) decision, and transferred to the case to the district court because the that court alone has jurisdiction over an original habeas petition.

Extreme Hardship Required for Waiver
The court in Cervantes-Gonzales v. INS, No. 99-70403 (9th Cir. Apr. 4, 2001), found that the Board of Immigration Appeals (BIA) was correct in finding that the provisions of IIRIRA requiring a showing of extreme hardship to obtain a waiver of a bar to admissibility for using fraudulent documents were applicable even though the case was pending when when IIRIRA was enacted. The court has amended its November 14, 2000, decision in this case.


Congressional News of the Day

Senate Hearing on Immigration Policy
The Senate Committee on the Judiciary, Subcommittee on Immigration was scheduled to hold hearings on Immigration Policy on Wednesday, April 4, 2001.


Immigration News of the Day

Arrests of Illegal Migrants Plunge
According to the Los Angeles Times arrests of illegal immigrants have fallen along every segment of the US-Mexico border during the last six months, apparently a sign that fewer people are trying to enter the country illegally.


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 PARALEGALS
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 in its NEW YORK, NEW JERSEY, STAMFORD 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 Anne-Rose van den Bossche, Esq., Fragomen, Del Rey, Bernsen, & Loewy, 515 Madison Ave, New York, NY 10022 or fax 212-223-875

HELP WANTED: STAFF ATTORNEY
The Florence Project seeks a staff attorney to work directly with clients on a daily basis providing information and orientation, conducting interviews and preparing individuals for their hearings before an immigration judge. S/he will transcend the traditional attorney-client relationship by conducting a) "rights presentations" to detained people on their rights and remedies in removal proceedings; b) individual counseling and self-representation workshops for clients; and c) limited direct representation of clients. Please mail or fax a cover letter, a resume with three references and a writing sample to the Florence Immigrant and Refugee Rights Project, Inc. c/o Elizabeth Dallam, Executive Director. FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, INC., 300 South Main Street, P.O. Box 654, Florence, AZ 85232, (520) 868-0191 Ex. 4, FAX (520) 868-0192. For details click here.

SPRING 2001 IMMIGRATION LAW CONFERENCE
Face the Music in Austin, Texas: Learn the Latest Immigration Dance. Texas Chapter AILA proudly presents Spring 2001 Immigration Law Conference, April 27-28, 2001, Radisson Hotel & Suites on Town Lake, Austin, TX. For details click here.

PLI IMMIGRATION PROGRAM
The Practising Law Institute, a not-for-profit Continuing Legal Education Organization offers a program on Basic Immigration Law at PLI Conference Center, 810 Seventh Avenue at 53rd Street, 20th floor, New York City on Tuesday, May 1, 2001, from 9:00 a.m. - 5:00 p.m. For details click here.

CONFERENCE ON IMMIGRATION LAW
2001 AILA Annual Conference on Immigration Law June 20-24, 2001, Marriott Copley Place & Westin Copley Place Boston, Massachusetts. The Preeminent Law Symposium on Immigration and Nationality Law With an expert faculty and cutting edge programs, the AILA Annual Conference is an unbeatable continuing legal education symposium in terms of scope and value. This event brings together thousands of immigration law practitioners, leading immigration law experts, government officials, and other legal professionals from around the country. Participants spend three and one-half days attending educational sessions and workshops focusing on the latest developments and issues in immigration and nationality law. Attendees can develop their own individualized CLE conference by choosing courses from a wide variety of programs: Core Curriculum, Substantive Practice, Special Mini Tracks, Mock Hearings and Interviews, Litigation Skills Training, Practice Roundtables and Government Agency Open Forums. For detailed program information, and registration forms, please visit the conference portion of the AILA Web site at www.aila.org. American Immigration Lawyers Association, 918 F Street, NW, Washington, DC 20004, Tel: (202) 216-2400, Fax: (202) 371-9449. Contact: Conference Department or E-Mail conference@aila.org.


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.
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