In today's Featured Article, Jose Latour - an immigration attorney and a pilot - informs us that absurd legislation is being proposed by politicians who want to show their communities that they are doing something about September 11th. Unfortunately, immigration is being made the "fall guy" by politicians desperate to propose solutions without necessarily fully understanding the problem. A vicious evil emerged during the 1990s in the form of Al-Quaeda and our foreign policy of that time appeased it, paving the path to the tragedy of September 11th. Public opinion in the US continues to misunderstand the problem as primarily one of immigration enforcement and policy. Responding to this mistaken public belief, various proposals are being floated by the House, the Senate, the INS and the Administration to "reform" the INS, as the article in The Dallas Morning News reports below. When Congress reconvenes next week to reconsider 245(i) and other pending matters, let us hope that our government will continue to welcome immigration while increasing our national security. Immigration Daily will continue to cover all aspects of immigration law as our national debate proceeds. Please forward the Daily to your colleagues and associates to help us contribute to the conversation.
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ILW.COM Featured Article of the Day
Aircraft Owners' and Pilots' Association (AOPA): "If INS Can't Stop Terrorists, How Can Flight Schools?!"
Jose Latour, an immigration attorney and a pilot says that politicians across the country are proposing absurd legislation to try and show their local communities that they're doing something about September 11th.
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Failure to Move for Downward Departure on Basis Not Adopted in Circuit Is Not Ineffective Assistance of Counsel
In US v. Mora, No. 98-310-01 (E.D. Penn Mar. 26, 2002), the court dismissed Defendant's claim that his trial counsel was ineffective since failure to seek downward departure based on Defendant's status as a deportable alien was precluded by his immigration conviction and because the basis has not been adopted in the third circuit; and since failure to seek downward departure based on Defendant's willingness to consent to deportation was not established to be nonfrivolous and the court could not depart downward without a request from the US attorney; and since failure to object to an increase in criminal history score would have been meritless.
Attorney General Is Custodian When Detainee Is Transferred
In Chavez v. Olsen, No. 01-1018 (D. New Jersey, Apr. 1, 2002), the court considered the novel question of whether a District Court may continue to exercise jurisdiction over a habeas corpus petition filed by a petitioner in the custody of the INS when the petitioner is transferred by the INS to another District and detained by a "custodian" over whom the original District Court cannot exercise personal jurisdiction, and concluded that the Attorney General can be deemed to be the Petitioner's "custodian" in the transferee District.
EOIR Notice to Asylees Based on Persecution Related to Coercive Population Control
The Executive Office for Immigration Review (EOIR) announced that it has sent notices to aliens in the United States who had been previously granted conditional asylum based on persecution related to coercive population control. The notice informs them that they are now fully eligible for all asylum benefits.
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Immigration in the Press
Several INS Reform Plans Moving on Separate Tracks
The Dallas Morning News reports that although there is widespread agreement that the INS is broken, there is far less consensus about the solution and that several plans are moving on separate tracks.
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