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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
October 30, 2001
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Editor's Comments

The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), Pub. L. No. 107-56, 115 Stat. 272, is now law. Some have criticized the "enhanced immigration provisions," as extending to the Attorney General too much power to detain noncitizens with too little opportunity for judicial review. Other provisions, such as Sec. 414, Visa Integrity and Security, and Sec. 416, Foreign Student Monitoring Program, simply tell the INS to do what it has already been told to do. Almost no one has criticized the humane measures to preserve immigration benefits for victims of the September 11 attacks. No law can expected to please everyone. The PATRIOT USA Act is a great improvement over some original proposals which would have given the Attorney General authority to detain noncitizens indefinitely without opportunity for judicial review, and had none of the humanitarian provisions.

The California Service Center processing times have been updated.


This Week in L.A.!

Later this week, ILW.COM will attend the AILA conference in Los Angeles. For those of you who will be there, here are some special offers:

  • If you want to schedule a demo or discussion during the conference, please send an e-mail with your phone number to to set up a time which will be convenient to you (for either Thursday p.m. or Friday a.m./p.m. or Saturday a.m.).
  • If you want us to visit with you either at the hotel or at your office for a demo or discussion, please send an e-mail with your phone number to to set up a time which will be mutually convenient (for Thursday).
  • If you do not want to buy anything from us right now, we would still appreciate your comments on Immigration Daily and our website. Please stop by our table in the exhibit area, and say hello! It is through such field visits that we keep abreast of what you need. We welcome your feedback, whether it be criticism or praise. Whoever you are, whether attorney or paralegal, from a large firm or small, we want to hear from all in the immigration law field. Two of us will be in L.A. and we look forward to shaking your hand!

Tip of the Day

What is an ASP?

Attorneys will hear the acronym ASP (Application Service Provider) frequently in the near future. The term refers to software that is delivered over the Internet to your web browser. The company delivering the software is referred to as an Application Service Provider (ASP). ASP software is becoming widely available to attorneys in areas such as case management, time & billing, calendars, forms, client collaboration & legal research. ASP services are usually sold as subscriptions.

The main advantages of using ASP software are:

  1. No installation headaches - a boon to small practices without full-time computer staff
  2. No updates - the software and content is updated by the provides, you never have to buy an upgrade
  3. Mobility - as the software resides on the Internet you can access it from anywhere - a boon to mobile attorneys
  4. Backup - small offices often neglect to backup their data. When a computer crashes you could lose years of precious client data. ASPs backup the data for you averting such a catastrophe.

The concerns often expressed by potential ASP users are network reliability, speed and security. The industry is making rapid progress in all the above areas ensuring that ASPs will be a permanent part of the legal software landscape.

If you have any questions about ILW.COM's ASP services, such as forms and case tracking, or would just like to learn more about this subject do write to us at

ILW.COM Featured Article of the Day

ABC of US Immigration Law
Sudhir Shah offers an overview of US immigration law from an Indian perspective.

Immigration News

District Court Determines Facts on Citizenship
The court in Batista v. Ashcroft, No. 00-2525 (1st Cir. Oct. 29, 2001), where the Petition sought relief from removal on the basis that he was a US citizen, the court transferred the case to the district court to resolve issues of material fact.

Indictment Does not Need to Include "Alien"
In US v. Bustos De La Pava, No.00-1116 (2nd Cir. Oct. 15, 2001), the court rejected Defendant's arguments that his indictment for being found after having been deported subsequent to an aggravated felony was defective because it did not contain the word "alien," that he received ineffective assistance of counsel because his counsel in the district court did not move the complaint on the basis of the government's failure to comply with the consular notification provisions of the Vienna Convention and that the district court erred in declining to depart downward from the sentencing guidelines.

Immigration in the Press

Refugees at America's Door Find It Closed After Attacks
According to the New York Times [registration required] as many as 20,000 refugees from across the world, cleared to come to the United States to escape persecution in their homelands, have had their arrival here delayed indefinitely in the aftermath of the Sept. 11 terror attacks.

This Day in Immigration

From October 30, 2000

"Court Finds Jurisdiction Retroactive In Nakaranurack v. US, No. 97-16242 (9th Cir. Oct. 27, 2000), the court rules that section 440(a) of AEDPA applies retroactively to grant courts jurisdiction over habeas petitions even if they did not have jurisdiction before the Act's effective date."

The ILW.COM archive of immigration information is 20,000 pages and continually growing. To search the archive by date, click here, or search by entering a keyword:

Letters to the Editor

Dear Editor:

On October 25th there was an article in the Arizona Public about Sen. Kyl and Sen. Feinstein proposing smart visa cards for aliens traveling to the US. The information contained in those cards would be entered into a centralized database to be shared by various agencies, including the INS and the State Department.

It's about time! This is not "big-brother" legislation. This is simply a way to enforce our existing immigration laws, which are completely inadequate with millions of overstays and foreign students dropping in and out of schools. And, it's a sensible way to collect intelligence on potential terrorists, which was a colossal failure before September 11. Amazingly, two Democratic senators, whom I thought are traditionally "pro-immigrants," are the sponsors of this bill.

Also equally amazing is the view expressed by the spokeswoman for the American Immigration Lawyers Association quoted in the article who cautions against "big data bases that don't tell us what we need to know." What exactly is she talking about? The whole reason for the database is to tell us what we need to know, namely, to alert us to potential violent terrorists! Isn't the INS routinely taking fingerprints in most immigration applications to alert them to criminals and cross check with the FBI?

Thank you,
Liem Doan


For information on advertising in the classifieds please click here.

Be Part of a Winning Team! Bratter - Krieger, LLP, a S. Florida immigration law firm is expanding into new cities. We now have immediate needs for an experienced bi-lingual attorney in our New York office and a paralegal with immigration experience for our Miami office . All our team members receive an aggressive compensation package and benefits. Reply in confidence to Matthew Krieger -, fax resume to 305-695-4398 or call us at 1-800-946-0301.

MidSouth Chapter's Fall CLE Conference at the Hyatt Regency in Louisville Nov. 2 & 3. The title is "Where the Newest Rubber Meets the Road," because the conference will have its traditional professionally intimate setting conducive to lively questioning of the speakers (and erudite comments from the attendees) so that participants come away with the answers to their questions and with practical solutions to the newest situations posed by new laws, regulations and procedures. For agenda, registration form and details, click here.

Presented by the Practicing Law Institute, November 27, 2001, 6:00 p.m. - 8:15 p.m. PLI New York Training Center, 21st Floor 810 Seventh Avenue (between 52nd and 53rd Streets) New York City. For details, click here.

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.
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Marc Ellis, Gary Endelman

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