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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 26, 2001
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Editor's Comments of the Day

The St. Petersburg Times reports that days before the midnight Monday deadline, thousands of illegal immigrants are trying to take advantage 245(i), lawyers are working overtime to cope with last-minute petitions all over the country, and federal officials are gearing up for a long weekend. The INS offices in Tampa and Miami will be open until midnight Monday to accommodate the expected last-minute applicants and the US Department of Labor will keep its Tallahassee offices open until midnight Monday to handle late filings. We encourage the submission of information on other INS and SESA offices planning extended hours at times@ilw.com.

Although there has been a flurry of immigration related bills introduced in Congress, there seems to be little reason for hope at this time that 245(i) will be extended beyond April 30, 2001. Contact your Senators and Representative if you want them to take action.


Tip of the Day

Place the ILW.COM Logo on Your Web Page!

ILW.COM is a vast resource of immigration information. Some of our readers link to our site so they can share with visitors to their pages the benefits of the information we offer. Additionally, attorneys who are members of ILW.COM may want to display an ILW.COM logo on their web page to gain a competitive edge by showing potential clients they have access to all the advantages of ILW.COM membership, including case tracking.

If you want to place the ILW.COM logo on your web page, you can choose from two sizes. Simply follow the instructions below.

Cut and paste the following HTML text at the appropriate place on your web page:

SMALL LOGO: ILW.COM - The Immigration Portal

< a href="http://www.ilw.com"><img src="http://www.ilw.com/images/newlogo2.gif" alt="ILW.COM - The Immigration Portal" width="126" height="51" border="0" > </a>

LARGE LOGO: ILW.COM - The  Immigration Portal

<a href="http://www.ilw.com"><img src="http://www.ilw.com/images/newlogo1.gif" alt="ILW.COM - The Immigration Portal" width="108" height="58" border="0"></a>


ILW.COM Featured Article of the Day

How to Become a Legal Permanent Resident of the US
INSGreeenCard reviews the options for obtaining permanent residency in the US.


Federal Register News of the Day

Comment Request for Screening Requirements of Carriers
The Inspections Division of the INS has extended until June 25, 2001, the comment request period on the screening requirements of carriers.


Cases of the Day

[You will need Acrobat to read these files]

Supreme Court to Determine if Habeas Survives AEDPA and IIRIRA
On April 24, 2001, the Supreme Court heard oral arguments in Calcano-Martinez v. INS, No. 00-1011, and INS v. St. Cyr, No. 00-0767,. In its Brief for the Petitioner and Reply Brief in St. Cyr, and Brief for the Respondent and Reply Brief in Calcano, the government argued that Congress has the power to preclude review by habeas petitions of aggravated felons's removal orders.

One Year is 365 Days
In Matsuk v. INS, No. 99-71255 (9th Cir. Apr. 25, 2001), the court rejected argument that a sentence of "at least one year" should be read as a "natural or lunar" year of 365 days plus some hours, and that the Board of Immigration Appeals (BIA) determination that a calendar year was an appropriate measure was entirely rational. The court also held is has no jurisdiction to review denials of withholding based upon the exercise of the BIA's discretion.

Negligent Discharge of Firearm Leads to Removal
The court in Valerio-Ochoa v. INS, No. 98-70529 (9th Cir. Apr. 25, 2001),found that a California conviction for negligently discharging a firearm is a deportable firearms offense and so the court had no jurisdiction. The court has amended its February 15, 2001, opinion.

Miranda Warnings not Required in Public Setting
In US v. Galindo-Gallegos, No. 99-50585 (9th Cir. Apr. 25, 2001), the court held that no Miranda warnings were required to be given when a group of 15-20 aliens was apprehended by two agents and made to sit on the ground because the setting was, for practical purposes public, and that transporting aliens is an offense related to alien smuggling and so an aggravated felony. The court has amended its March 27, 2001, opinion.


Congressional News of the Day

Five Immigration Bills Introduced in the House
H.R. 1561, a bill to amend the INA with respect to the record of admission for permanent residence in the case of certain aliens; H.R. 1563, a bill to assist aliens who were transplanted to the US as children in continuing their education and integration into American society; H.R. 1571, a bill to provide for permanent resident status for any alien orphan physically present in the US below the age of 12 and to provide for deferred enforced departure status for any alien physically present in the US who is the natural and legal parent of a child born in the US who is less than 18 years of age and H.R. 1572, a bill to amend the INA to provide for legal permanent resident status for certain undocumented or nonimmigrant aliens, were all introduced in the House and referred to the Committee on the Judiciary. H.R. 1562, a bill to replace the INS with the Office of the Associate Attorney General for Immigration Affairs, the Bureau of Immigration Services, and the Bureau of Immigration Enforcement, was also introduced in the House and referred to both the Committee on the Judiciary and the Committee on Government Reform.

Child Status Protection Act of 2001 to be Heard in House of Representatives
The report of the House Committee on the Judiciary on H.R. 1209, the "Child Status Protection Act of 2001," was ordered printed and referred to the Committee of the Whole House on the State of the Union and placed on the House calendar.

DOS' Final Rule on V and K Visas Referred to House Committee on the Judiciary
A letter from the Acting Assistant Secretary for Legislative Affairs, Department of State, transmitting the Department's final rule, "Visas: Nonimmigrant Classes; Legal Immigration Family Equity Act Nonimmigrants, V and K Classification", was referred to the House Committee on the Judiciary.


INS News of the Day

EOIR/AILA Liaison Meeting Questions
The Executive Office for Immigration Review (EOIR) responded to questions about practice rules, conduct of hearings, Board decisions, proposals for regulatory changes and asylum-related issues during an EOIR/AILA (American Immigration Lawyers Association) liaison meeting last month.


Immigration News of the Day

Immigration Deadline Brings Rush of Cases
The St. Petersburg Times reports that days before the midnight Monday deadline, thousands of illegal immigrants are trying to take advantage 245(i), lawyers are working overtime to cope with last-minute petitions all over the country, and federal officials are gearing up for a long weekend. The INS offices in Tampa and Miami will be open until midnight Monday to accommodate the expected last-minute applicants and the US Department of Labor will keep its Tallahassee offices open until midnight Monday to handle late filings.


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 to 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 212-750-1121

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.

FAMILY-BASED IMMIGRATION CONFERENCE
On Friday May 18, 2001, the Philadelphia Chapter of the American Immigration Lawyers Association will host "It Takes a Lawyer: Representation of Families in Nonimmigrant and Immigrant Visa Proceedings Before the INS, State Department and Immigration Court" Topics to be covered include Ethics, Nonimmigrant Visas for Family Members, Waivers, Litigating Family Based Immigration Issues, Affidavits of Support, Consular Processing, VAWA issues and Bona Fide Marriages. For registration information, please call Valentine Brown at 856-384-9902.

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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