The oral arguments before the Supreme Court in US v. Arvizu, No. 00-1519 are now available. The issue is what constitutes reasonable suspicion for a stop by the Border Patrol.
The Ninth Circuit in US v. Arvizu, No. 99-10229 (9th Cir. July 7, 2001, amended Dec. 1, 2000), found that the District Court had erred when it upheld the constitutionality of a Border Patrol stop near the Arizona border. The District Court listed ten factors it considered in determining that given the totality of the circumstances, there was reasonable suspicion for the stop of a minivan. The Ninth Circuit reversed finding that some of the factors, such as the minivan's slowing as it passed the Border Patol agent's vehicle, the failure of the driver of the minivan to acknowledge the Border Patrol as he passed, the behavior of children in the minivan, the failure of the Border Patrol officers to recgonize the vehcile, the fact that the vehicle was registered to an address on a block notorious for smuggling, and the position of the children's knees were of so little significance that they should not be given any weight. The government appealed on the basis that by excluding these factors, the Ninth Circuit was moving towards applying a bright line test rather than looking at the totality of the circumstances. Although the evidence discovered in the Border Patrol stop was illegal drugs and not illegal aliens, the Supreme Court's decision will guide future Border Patrol stops which may lead to the discovery of undocumented people.
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200,000 Attorney Searches per Year!
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Tip of the Day
Problems Entering the ILW.COM Chat Room or Discussion Board
A few site users have complained that they are unable to get into the Chat Room
to chat with an attorney and use the 24-hour public chat or the
Discussion Board to post or reply to an immigration question. Site users will not be able to enter the chat room or discussion
board if they do not have a recent computer (Pentium 90 MHz) and a recent browser such as Netscape 3, 4 and Explorer 4 or 5. ILW.COM offers
many secure services for which it is essential to have a 128-bit encryption that only the recent browser versions offer. Users can easily
download a free copy of the latest browser version at Microsoft or Netscape.
Site users will not be able to enter the chat room or discussion board if they are coming through a proxy server. Both programs are running on Port:83, which is a non-default port and many ISPs (Internet Service Provider) do not permit their clients to log onto a non-default port. In order to confirm this, users must try accessing
http://www.ilw.com/findlawyer. If they are unable to do so, then users must contact their ISPs if they are accessing the chat room or discussion board from home or contact their Network Administrator if they are accessing the chat room or discussion board from work.
The final possibility that the users are unable to access a chat would be if they have a bug on their system. In order to detect the virus they must run a virus scan program or contact someone who can help them in this matter.
ILW.COM Featured Article of the Day
The Year Ahead: What 2002 will bring for Immigration
Gary Endelman writes about the forces which will shape the field of immigration law in the coming year.
Thousands of immigrants each month search for attorneys on ILW.COM.
Corporations, too, use ILW.COM to find immigration counsel.
ILW.COM membership can be your most cost-efficient marketing tool!
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Immigration in the Press
Text of Mayor Giuliani's Farewell Address
In his farewell address as carried in the New York Times [registration required], ex-mayor of New York City Rudolph Giuliani noted that "the key to our success as a city, the reason we are the most famous city in the world, and the reason why we really legitimately are the capital of the world, is really just one thing: immigration." [Thanks to Carolyn Killea of the firm of Osborne and Deutsch for bringing this to our attention].
"Immigration Implications of September 11th tragedy"
Attend the at-cost seminar series moderated by Stephen Yale-Loehr.
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This Day in Immigration
From January 3, 2001
"Refusal to Waive Filing Deadline not Abuse of Discretion
In Huicochea-Gomez v. INS, No. 99-4119 (6th Cir. Jan 2, 2001), the court found that Petitioner could not establish a claim of ineffective assistance of counsel where he could not have prevailed on the facts, and the Board of Immigration Appeals ("BIA") did not abuse its discretion when it denied a request for additional time to submit a brief where no copy of the request was served on opposing counsel."
Letters to the Editor
I would like to respond to Mr. Doan's views, which are obviously in defense of our President's misguided and absolute disregard for our constitutional rights. My response is this, wake up and smell the coffee. We cannot let our patriotism blind us from preserving the sacred institutions which our constitution was founded upon. It is our duty as citizens to provide a check upon our government to ensure that our freedoms will be preserved for generations to come. When we allow our freedoms to be destroyed at the whim of an obviously abritrary President with a single stroke of his pen, we dishonor all those that have fought and died to preserve those freedoms. We are all immigrants at some point or another, and some of us choose to forget.
Happy New Year! For past 1 1/2 years we have entered and studied your Newsletter on a daily/weekly basis. As immigrants we found all the important immigration updated laws, jurisprudence, and finally filed under 245(i) for our 2 children who entered EWI and are now in the process for being citizens. All of that we owe to the ILW.COM site. Your very important newsletter provided extremely valuable information, and information is all we needed to get our family on track here in America. Thanks, keep it up.
Pablo I. Jaramillo and family
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IMMIGRATION LEGAL TRAINING SEMINAR
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 firstname.lastname@example.org.
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.
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