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Immigration Daily


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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
December 6, 2001
Previous Issues

Editor's Comments

The Department of Labor has published without comment a final rule providing for filing of LCAs over the Internet effective January 14, 2002. In addition to filing LCAs by mail and by FAX, the Employment and Training Administration (ETA) will provide employers the option to utilize an electronic filing system which will permit employers to fill out their LCAs on a Department of Labor website and submit them electronically. The ETA anticipates that "[t]he electronic filing system will be convenient and less burdensome for employers, since, unlike a system based on filing applications by FAX or by mail, the new system will allow the filing of an application without the submission of a "hard copy." The URL for the 9035-E, electronic LCA, is

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Tip of the Day

Immigration Daily Headlines

Immigration Daily is the first daily publication in the field of immigration. It moves at Internet speed to keep you up to date on the latest in immigration. We understand that not everyone who reads the Daily needs to read all the topics we cover. We provide the headlines in the e-mail version of the Daily as a tool to help you find the information that is important to you. By glancing at the headlines you can determine quickly which features are of interest to you. You can stay up to date for just a few seconds a day! After going through the headlines if you find nothing of interest to you, do not feel guilty about hitting the delete. There is no need to read everything that the editors do. If you know other people who subscribe to the Daily please tell them about this tip - they may have already hit the delete key!

ILW.COM Featured Article of the Day

I Lost My H-1B Job...What Now?
Steven Riznyk writes about the options for H-1B workers who have lost their jobs.

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Immigration News

No Attorneys Fees for Secret Evidence Detainee
The court in Kiareldeen v. Ashcroft, No. 00-1823 (3rd Cir. Dec. 5, 2001), denied attorney's fees under the Equal Access to Justice Act (EAJA) to Appellee who had been held by the INS based on secret evidence and ultimately granted habeas.

Court Rejects Argument Not Raised Before BIA
In Muriithi v. INS, No. 01-1068 (8th Cir. Dec. 5, 2001), the court rejected the argument that lack of access to an attorney or law library during immigration proceedings was a denial of due process because the argument had not been raised before the Board of Immigration Appeals (BIA), but noted that there is no Sixth Amendment right to counsel at deportation hearings. The court has made available the Appellee's brief.

Withholding Denied to Pakistani Ahmadi Muslim
The court in Hakeem v. INS, No. 00-70525 (9th Cir. Dec. 5, 2001), held that it had no jurisdiction to hear the Petitioner's appeal of the denial of his asylum claim because the claim had not been brought within one year of his entering the US, and that there was substantial evidence to support the denial of withholding because even though some Ahmadi Muslims have been charged under blasphemy laws, there was no evidence that Petitioner or any member of his family had been charged, arrested or harmed based on their faith.

Enhanced Sentence for 20 Aliens in a Van
In US v. Ramirez-Martinez, No. 00-50681 (9th Cir. Dec. 5, 200), the court held that an indictment with two counts charging that Defendant "did transport and move, and attempt to transport and move," an undocumented alien was duplicitous, but upheld a sentence enhancement for "recklessly creating a substantial risk of death or serious bodily injury" where Petitioner had more than twenty people riding in his van.

Equitable Tolling of Deadline for Motion to Reopen
In an en banc opinion in Socop-Gonzalez v. INS, No. 98-70782 (9th Cir. Dec. 5, 2001), the court held that the 90 deadline for filing motions to reopen is subject to equitable tolling, and erroneous advice from an INS officer which led to a delay in the case was sufficient grounds for tolling of the deadline.

Conviction Meets INS Burden of Clear and Convincing Evidence
The court in Wilson v. INS, No. 1:CV-01-1226 (M.D. Pa. Nov. 14, 2001), the District Court determined that it had jurisdiction to hear Petitioner's habeas petition, but found that the INS had met its burden of proving by clear and convincing evidence that Petitioner had been convicted of an aggravated felony.

Web Filing of LCAs
The Department of Labor has published without comment a final rule providing for filing of LCAs over the Internet effective January 14, 2002.

New Posts for Special Fee Payment Procedures
The Department of State has designated additional posts in India and Vietnam for participation in the new immigrant visa application processing fee payment system and accepting the fee for review of and assistance with the Affidavit of Support.

DOJ Oversight: Preserving Our Freedoms While Defending Against Terrorism
Testimony before the Senate Committee on the Judiciary regarding "DOJ Oversight: Preserving Our Freedoms While Defending Against Terrorism" included witness statements from Viet D. Dinh, Ali Al-Maqtari, Michael J. Boyle, Esq., Steven Emerson, Gerald H. Goldstein, Esq., Nadine Strossen and Victoria Toensing, Esq.

Immigration in the Press

College Officials Back Visa Reform
According to the Los Angeles Times college officials who work with foreign students expressed broad support for proposed legislation that would significantly tighten restrictions on some student visas but still allow flexibility in individual cases.

"Immigration Implications of September 11th tragedy" Attend the at-cost seminar series moderated by Stephen Yale-Loehr. Click here for more info or to signup online. Click here for more info or to signup by fax

This Day in Immigration

From December 6, 2000

Failure to Investigate Immigration Consequences of Guilty Plea Not Ineffective Assistance of Counsel In Barnes v. Maine, No. 00-218-P-C (Maine Nov. 30, 2000), the Magistrate Judge found that since an attorney does not render ineffective assistance assistance in failing to warn of the collateral consequences of a guilty plea, failure to investigate whether a warning of the immigration consequences is necessary cannot amount to ineffective assistance of counsel.

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:

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The Federal Bar Association, North East Ohio Chapter in conjunction with the Cleveland Immigration and Naturalization Service, present the 2001 Immigration and Naturalization Seminar on December 7, 2001. This Seminar will address current developments impacting immigration law in response to the tragic events of September 11, 2001. The seminar will be held at the Marriott at Key Center, In Cleveland, Ohio from 7:30 am - 5:00 p.m.. The CLE includes 7.5 hours of credit with .5 hours of Substance Abuse. For details, click here.

Des Moines, Iowa. Basic intensive immigration legal training seminar to be held January 14-18, 2002, at the Marriott Hotel in downtown Des Moines. Sharply discounted room rates of $49/night plus tax for single or double at the downtown Marriott. Call 800/228-9290 for room reservations and mention the immigration legal training seminar. Sponsored by the Midwest Legal Immigration Project and the Immigrant Legal Resources Center. For more information, call Cyndy Bolsenga, 515/271-5730 or fax 515/271-5757 or e-mail

On January 31st & February 1st 2002, the National Immigration Forum will host its inaugural conference A Nation of Immigrants in the 21st Century: Moving Forward in a Time of New Challenges. The conference will be held at the Mayflower Hotel in Washington, D.C. For details, click here. For registration form, 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.
Editorial Advisory Board
Marc Ellis, Gary Endelman

Copyright 2001 American Immigration LLC, ILW.COM

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