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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
November 5, 2001
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Editor's Comments

The October numbers are in and these were the most read articles:

  1. Noncitizens Must Have Documents Verifying Their Status At All Times by Cyrus D. Mehta and Parastou Hassouri
  2. An Update on Travel Issues for Non-Citizen Workers by Tien-Li Loke Walsh and Bernard P. Wolfsdorf
  3. Canadian Immigration Act C-11 by Catherine Kerr
  4. The Impact of Terrorism on the Prospect of 245(i) Renewal and Possible Amnesty by Jose Latour
More popular than any of these and topping the list for the second month in a row was: Notice of registration for the FY 2003 Diversity Immigrant Visa Program

With this issue we bring you the first in a new series of Paparelli on Business Immigration. In their first "moveable feast" article Angelo A. Paparelli and Janet J. Lee examined H-1B portability. They now turn their attention to portability of adjustment of status under AC21.


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Tip of the Day

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ILW.COM Featured Article of the Day

"A Moveable Feast": An Analysis of Adjustment of Status Portability Under AC21 (Part I)
Angelo A. Paparelli and Janet J. Lee begin an exploration of portability of adjustment of status under AC21.

Immigration News

Attempt to Enter Outside of US Can Lead to Conviction
In US v. Leon, No. 00-2372 (1st Cir. Nov. 2, 2001), the court rejected the argument that the defendant could not be convicted for an attempt to enter the US after having been deported based on acts that occurred entirely outside the US.

Conspiracy to Export Firearms and Ammunition without a License an Aggravated Felony
The court in Kuhali v. Reno, No. 00-2531 (2nd Cir. Sept. 27, 2001), found that a conviction for conspiracy to export firearms and ammunition without a license is both a "firearms offense" and an "aggravated felony" warranting removal.

Credibility in Question When Documentary Evidence Does not Support Testimony
The court in Pop v. INS, No., 01-1369 (7th Cir. Nov. 2, 2001), upheld a denial of asylum for a Jehovah's Witness from Romania who claimed that her teachers had lowered her grades in school during the Communist period where the transcript of her grades showed they were better under the Communists than after the fall of Ceausescu.

Finding Alien Sufficient for Conviction
In US v. Castellanos-Garcia, No. 00-50719 (9th Cir. Nov. 2, 2001) the court held that in the absence of evidence to the contrary, the fact that a government official, with no prior knowledge of the alien's presence, comes upon the alien some time after the alien has crossed the border is sufficient to allow a jury to infer that the alien was "found in" the United States, and to deliver a verdict of guilty beyond a reasonable doubt.

Hearsay from Threatened Co-Conspirator Admissible
The court in US v. Zlatogur, No. 99-15148 (11th Cir. Oct. 31, 2001), found that it was proper to admit hearsay evidence from an un-indicted co-conspirator who fled the country because Defendant threatened him, and that the jury instructions about the definition of "reckless disregard" of whether an alien was in violation of the law were proper.

Sen. Kennedy Bill to Enhance Border Security
Sen. Kennedy introduced S. 1618, a bill to enhance the border security of the US, and safeguard the unobstructed entry of the more than 31 million persons who enter the US legally each year as visitors, students, and temporary workers.

Sen Feinstein Bill to Enhance Border Security
Sen. Feinstein introduced S. 1627, a bill to enhance the security of the international borders of the US, by, among other things, introducing a new fraud-proof "SmartVisa" card for foreign nationals.

Hearing on Releasing Illegal Aliens Pending Deportation Hearing
The Permanent Subcommittee on Investigations of the Committee on Governmental Affairs will hold a hearing entitled "Review of INS Policy on Releasing Illegal Aliens Pending Deportation Hearing" on Tuesday, November 13, 2001, at 9:30 a.m.

Special Counsel for Immigration-Related Unfair Employment Practices
The Senate Committee on the Judiciary reported favorably on the nomination of Juan Carlos Benitez, of Puerto Rico, to be Special Counsel for Immigration-Related Unfair Employment Practices.

INS Communique
The July/August issue of the INS Communique covers Headquarters News, INS News of Note, INS News from the Field and People on the Move

Comment Period on INS Forms Extended
The INS is extending by 30 days the comment request period on the I-68, Canadian border boat landing permit, I-243, Application for Removal, and I-907, Request for Premium Processing Service.

Immigration in the Press

Immigration Reforms Sought
According to the Washington Times Congress is preparing for a flood of immigration legislation designed to solve problems that have been in the spotlight since the September 11 terrorist attacks.

ILW.COM Chats and Discussions of the Day

Chat with Mark Ivener
Mark Ivener will answers questions on all aspects of immigration law on Monday, November 5, 2001, at 9:00 p.m. Eastern (New York) time. Questions will be accepted beginning 15 minutes before the start of the chat.

This Day in Immigration

From November 3, 2000

"In Couples Separated by Borders Laura Tripiciano and Leslie Karam write about the limited options for same-sex couples under US immigration law in comparison to the rights enjoyed by gay and lesbian citizens of other countries. The "Permanent Partners Immigration Act of 2000" would allow gay and lesbians to petition for immigration benefits for their permanent partners. Unlike the social security or the IRS, the INS requires more than just a marriage certificate as evidence of a permanent partnership. It already has in place policies and procedures to determine the whether a bona fide union exists. Enactment of the "Permanent Partners Immigration Act of 2000" would impose no hardship on the government, but it would make all citizens equal before the law."

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:


For information on advertising in the classifieds please click here.

National immigration law firm seeks senior level business immigration attorney, with 4+ yrs. exp. in all aspects of employment based immigration, for its Iselin, New Jersey office. The position requires strong writing and excellent verbal communication skills. The ideal candidate has had account management experience and is able to work independently in a team environment. Competitive salaries and excellent salaries offered. Please fax resume and writing sample in confidence to: Anne-Rose van den Bossche, Esq., at Fragomen, Del Rey Bernsen & Loewy, (212) 750-1121 or e-mail No calls please.

The Association of the Bar of the City of New York will be holding a symposium entitles "The Refugee Convention at 50: Assessing US Accomplishments and the Challenges Ahead." The speakers include Own Cooper, INS General Counsel, Arthur Helton, Senior Fellow at the Council on Foreign Relations, Eduardo Arboleda of UNHCR and Mark Hetfield of Hebrew Immigration Aid Society. The moderator is Eleanor Acre of the Lawyers Committee for Human Rights. For 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.

There will be a New Jersey Institute for Continuing Legal Education (ICLE) seminar on Wednesday, December 5, 2001 from 9:00 AM to 5:00 PM at the Brunswick Hilton in East Brunswick, New Jersey. The seminar titled, Corporate Immigration Law: For Attorneys, In-House Counsel, & Human Resources Personnel: H-1B Requirements, will feature updates on the latest H-1 legislation regulations and will discuss recent developments in the field. 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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