The Board of Immigration Appeals (BIA) in In re Rodriguez-Tejedor, 23 I & N 153 (BIA 2001) held that the automatic citizenship provisions of the Child Citizenship Act (CCA) are not retroactive. Shortly after the BIA heard oral arguments in the matter the Fifth Circuit addressed the same issue in Nehme v. INS, No. 00-60111 (5th Cir. June 5, 2001); accord Hughes v. Ashcroft, No. 99-70565 (9th Cir. June 22, 2001), Since Rodriguez-Tejedor arose in the Fifth Circuit, the BIA was bound by the Nehme decision, but provided its own analysis in the interest of establishing a uniform nationwide rule.
The BIA examined the plain language of the statute and found unlike the Nehme court that the language was susceptible to more than one interpretation. The BIA next turned to the legislative history. Although there was a reference by then Chairman Lamar Smith in the Judiciary Committee Report and floor statements to the bill acting to "confer citizenship automatically and retroactively," the BIA determined that the reference was solely in the context of when a qualifying individual would be deemed to have acquired citizenship and so was not applicable to Respondent's situation. The BIA then performed a structural analysis. It noted that in other Titles of the CCA Congress had used "before, on, or after," but not in the provision applicable to Respondent. The BIA also noted that amendments to the citizenship and naturalization provisions of the Immigration and Nationality Act (INA) are generally prospective. Petitioner's reading would require the BIA to interpret the CCA as having a retroactive effect perhaps as far back the enactment of the INA in 1952. Absent a clearer statement of congressional intent, the BIA was unwilling to adopt this reading.
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Tip of the Day
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ILW.COM Featured Article of the Day
Bush Floats Amnesty Proposal
Greg Siskind and Amy Ballentine write about President Bush's raising the possibility of an amnesty for Mexicans in the US illegally.
Private Bill Calendar
Rep. Coble offers a brief history of private bills and explains the agreement reached on the procedure for handling the private bill calendar.
Tancredo on Amnesty for Mexicans
Rep. Tancredo feels the real issue in granting amnesty for Mexicans is whether or not we are going to simply ignore the fact that people have chosen to violate the law of the US to come here and then be rewarded for that action.
More Yes Votes for Family Sponsor Immigration Act
Rep. Abercrombie, Green, Jones, Manzullo, Riley and Roemer would have voted yes for the Family Sponsor Immigration Act of 2001 had they been present.
Family Sponsor Immigration Act Referred to Senate
H.R. 1892, to provide for the acceptance of an affidavit of support from another eligible sponsor if the original sponsor has died and the Attorney General has determined for humanitarian reasons that the original sponsor's classification petition should not be revoked was referred to the Senate Committee on the Judiciary.
Connecticut Court Has Habeas Jurisdiction
In Barton v. Ashcroft, No. 3:01CV881 (D. Conn. July 20, 2001), the court held that the Attorney General was the appropriate respondent and that it had jurisdiction to hear the habeas petition of a Connecticut resident detained in Louisiana.
CCA Not Retroactive
The Board of Immigration Appeals (BIA) in In re Rodriguez-Tejedor, 23 I & N 153 (BIA 2001) held that the automatic citizenship provisions of the Child Citizenship Act are not retroactive.
Visas for Olympians
The Department of State is making temporary changes in established visa-processing procedures to accommodate the approximately 35,000 foreign nationals entitled to special entry procedures developed to fulfill commitments made by the President to the International Olympic Committee (IOC) under the terms of the Olympic Charter.
INS 1999 Enforcement Statistics
The Enforcement section of the INS 1999 Statistical Yearbook is now available.
Immigration in the Press
INS Snafus Make Clients Hard to Find, Says Immigrant Advocacy Group
According to the National Law Journal, five months after starting a project to find lawyers for immigrants seeking asylum, the Catholic Legal Immigration Network (CLINIC) says it has uncovered a serious problem: Record-keeping ineptitude by the INS is compromising the legal rights of immigrants facing life-threatening situations.
This Day in Immigration
From July 26, 2000
"Citizenship Revoked for Concentration Camp Guard
In US v. Szehinskyj, No. 99-5348 (E.D. Penn. July 24, 2000), the District Court Judge found after a non-jury trial that the Defendant has served as a Waffen SS Death's Head Battalion concentration camp guard during World War II. The judge vacated the 1958 order admitting the Defendant to citizenship, cancelled the naturalization certificate and passport, and enjoined Defendant forever from claiming any rights, privileges, benefits or advantages under any document evidencing United States citizenship."
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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 ATLANTA, 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 Anne-Rose van den Bossche, Esq., Fragomen, Del Rey, Bernsen, & Loewy, 515 Madison Ave, New York, NY 10022 or fax 212-750-1121 or firstname.lastname@example.org
COMPLETE I-9s ELECTRONICALLY
Employers and attorneys for employers can now electronically complete a form I-9 (employment eligibility verification) via LOOKOUT SERVICES INC. at www.lookoutservices.net. Get tips and alerts to guide employers through the I-9 compliance maze. We track employment eligibility expiration dates and provide three (3) prior notices of expiration dates beginning four (4) months in advance. Notices will be provided to employer directly or to the attorney for employer. With LOOKOUT SERVICES INC., employers have peace of mind that company I-9 forms are in compliance. Use our internet based software to complete an I-9 at the time of hire or audit an existing I-9. Call today to receive a password & user i.d. or for a demonstration. Call toll free 1-888-522-6704.
FREE CLE PROGRAM
The ABA Immigration Pro Bono and Bar Activation Project in cooperation with the Immigration and Nationality Committee of the Section of International Law and Practice, the Section of Individual Rights and Responsibilities, the Commission on Mental and Physical Disability Law and the Coordinating Committee on Immigration Law invite you to attend the following free CLE program "Immigration Detention: Perversities and Prospects" on Saturday, August 4, 2001, 9:30-11:30 a.m. Columbus Hall C/D, Ballroom Level East Tower
Hyatt Regency, 151 East Wacker Drive, Chicago. For details click here.
CHILDREN'S IMMIGRATION SUMMIT
In Chicago from August 4th to August 6th to address the legal service and advocacy needs of 5,000 children detained annually by the Immigration and Naturalization Service at over 90 sites nationwide, the majority of which are juvenile jails. For details click here.
Angelo Paparelli and Steve Yale-Loehr will conduct a three-part teleconference and e-mail listserv series titled On the Cutting Edge: H-1B Practice and Strategy with Angelo Paparelli and Steve Yale-Loehr. The teleconferences will take place Wednesdays August 8, September 5, and October 3, 2001, at 1:00-2:30 p.m. Eastern (New York) time. They are open to attorneys, employers, HR professionals and anyone else interested in the H-1B process and strategy. For more information or to register click here.
IMMIGRATION LAW SEMINAR
Saturday, October 13, 2001, 9:00 a.m. to 1:00 p.m. at Ramada Inn, Fairfield, NJ. A panel of experienced immigration lawyers and paralegals will explain how the administrative system operates and present the information you need to handle basic immigration matters. You’ll also hear directly from several agency representatives about the procedures you need to follow when dealing with these agencies. For details click here.
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