Rosalba Novoa of the Offices of Cyrus Mehta writes about a January 29, 2002, panel discussion titled “Recent Developments in HIV Positive Immigration Asylum and Petitioned Cases: Consequences in Light of September 11th” which was sponsored by the Association of the Bar of the City of New York and Gay Men’s Health Crisis (“GMHC”). Four major areas were addressed: 1) HIV/AIDS and how it relates to one’s ability to apply for immigration relief, including family and employment based applications, 2) issues regarding access to care and treatment for the HIV/AIDS population in the developing world, 3) impact of the USA Patriot Act and other recent legislation on HIV positive individuals, and 4) access to public benefits for the HIV/AIDS immigrant community in the US. The article provides timely and useful information on an area of immigration law that seems likely, despite the efforts of modern science, to continue to expand.
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ILW.COM Featured Article of the Day
Recent Development in HIV Positive Immigration Asylum and Petitioned Cases: Consequences in Light of September 11th
Rosalba Novoa of the Offices of Cyrus Mehta review the information presented at a recent panel discussion on asylum and Convention Against Torture (CAT) cases based on HIV status and waivers of the bar to admissibility.
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9th Circuit Reconsiders Violation of Due Process
The Ninth Circuit has voted to rehear en banc Ramirez-Alejandre v. Ashcroft, No. 00-70724 (9th Cir. Jan. 9, 2001), and directed that its opinion of January 9, 2002, not be cited except to the extent adopted by the en banc court.
BIA to Stop Granting Motions to Reopen for Family Planning Cases
In Matter of G-C-L- 23 I & N Dec. 359 (BIA 2002) the Board of Immigration Appeals (BIA) announced its withdrawal from its policy of granting untimely motions to reopen by applicants claiming eligibility for asylum based solely on coercive population control policies, effective 90 days from the date of the decision.
Bill to Improve INS Function
Reps. Kolbe and Flake introduced H.R. 4108, a bill to improve the administrative structure for carrying out the immigration laws.
Cosponsor to Protect Refugees
Sen. Feingold was added as a cosponsor of S. 1311, a bill to reaffirm the United States' historic commitment to protecting refugees who are fleeing persecution or torture.
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Immigration in the Press
Appeals Court Blocks Release of Secret Transcripts
According to the Chicago Tribune, a federal appeals court has temporarily blocked the release of transcripts of closed immigration hearings which a district court judge ordered be made public.
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