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Immigration Daily September 26, 2002
Previous Issues
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Editor's Comments

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Featured Article

U.S. And Mexico Now Distant Neighbors
Carl R. Baldwin writes "God Bless America for not being a police state where a round-up would have occurred" during a parade celebrating the rebellion by Mexico against the Spanish crown.


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Immigration Law News

INS Memo On Child Status Protection Act
INS issued a memo for Regional Directors on the Child Status Protection Act providing preliminary guidance to INS officers concerning amendments to the INA by the CSPA.

BIA Denies CAT Claim For Nigerian National Saying She Did Not Meet Burden Of Proving That Torture Upon Return Was "More Likely Than Not"
In re M-B-A-, 23 I&N Dec. 474 (BIA, Sep. 24, 2002), the Board of Immigration Appeals (en banc) said that the respondent failed to establish eligibility for deferral of removal under the Convention Against Torture because the evidence she presented was insufficient to demonstrate that it was more likely than not that she would be tortured by or at the instigation of or with the consent or acquiescence of a public official or a person acting in an official capacity in Nigeria, and said that her case was based on a chain of assumptions and a fear of what might happen and that did not meet her burden of demonstrating that it was more likely than not that she would be subject to torture.

DOJ Moves To Deport Alleged Nazi Murderer
The Department of Justice announced that it had asked a federal court to deport a Philadelphia man for service as a Nazi concentration camp guard.

INS Interim Rule On Schools And SEVIS
INS promulgated an interim final rule amending the INS regulations governing review and certification of approved schools and continuing the implementation of the process by which schools may be approved to obtain access to the Student and Exchange Visitor Information System (SEVIS).

DOS Designates Uzbek Organization Terrorist
The Department of State designated as a foreign terrorist organization The Islamic Movement of Uzbekistan also known as the IMU.

Rep. Tancredo Says Denver Post Harbors Felons, Also Says Undocumented Immigrants Are Criminals, Terrorists
Rep. Tancredo (R-CO) commented on the hurlyburly of recent days and offered his thoughts on immigration on the floor of the House of Representatives. Among his statements: "So the Denver Post, if they believe these people, they are harboring felons who have given false information in order to be hired." And, "But the face of illegal immigration on the borders is something much uglier. It is the face of murder, of rape, of robbery, of drug cartels, drug smuggling, and of people coming into this country for the purpose of doing us great harm, terrorist infiltration."

Congressman Calls For Amnesty For Pakistanis
Rep. Owens (D-NY) said "I think we ought to have some kind of amnesty for the Pakistani-Americans who have problems with immigration."

House Resolution On Korean Immigration
Rep. Davis (R-VA) spoke on a House Concurrent Resolution recognizing the historical significance of 100 years of Korean immigration to the United States.

Sen. Kyl Proposes Amendment
Sen. Kyl (R-AZ) submitted an amendment to the Bill to Abolish the INS

DOS On Recent Issuance Of 10,000 Visas
The Department of State answered a question on the 10,000 visas recently approved for 35-40 posts.

DOS On Designation Of Uzbek Organization As Terrorist
The Department of State announced the Redesignation of the Islamic Movement of Uzbekistan as a Foreign Terrorist Organization.

District Court Order Transferring Jurisdiction Is Not Appealable To Circuit Court
In Marcelus v. Jordan, No. 01-1780 (3rd Cir. Sep. 25, 2002), the court said that it lacked jurisdiction to consider the District Court's order transferring venue from New Jersey to the Fifth Circuit, within whose jurisdiction the Petitioner was detained since such a transfer in the interests of justice is not a collaterally final order.

Rational Basis Exists For Denial Of 212(h) Waiver To LPRs
In Taniguchi v. Schultz, Nos.00-16928 and 00-71053 (9th Cir. Aug. 23, 2002, amended Sep. 25, 2002), the court amended its Aug. 23, 2002 opinion where it held that equitable tolling was not argued to the Board of Immigration Appeals (BIA), nor discussed by the BIA, nor argued to the court and that therefore that issue was not exhausted and was waived by failure to present it to the court; and that a rational basis exists for denying 212(h) waiver to aggravated felon Legal Permanent Residents but not other aliens; and that since Petitioner did not raise before the District Court an ineffective assistance of counsel argument on the grounds that her former attorney failed to file an administrative appeal, she waived the claim.

BIA Abuses Discretion When Untimely Motion To Reopen Due To Ineffective Assistance Is Denied Without Lozada Analysis Or Explanation
In Osei v. INS, No. 01-9515 (10th Cir. Sep. 24, 2002), the court held that the Board of Immigration Appeals abused its discretion when it denied Petitioner's untimely motion to reopen on the grounds of ineffective assistance of counsel by merely citing 8 CFR 3.2(c)(1) without evaluating whether the motion satisfied the requirements set forth In re Lozada, and without providing a reasoned explanation.


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Immigrants Are 20% Of Medal Of Honor Receipients
An opinion column in the Virginian-Pilot says "According to the Pentagon, more than 30,000 foreign-born individuals -- both naturalized and noncitizens -- currently serve their adopted country. In 1999, half of all new recruits at the Army station in Flushing, N.Y., were born in such far-flung countries as India, Korea and Guyana. And immigrants make up 20 percent of Congressional Medal of Honor recipients."

INS Agents Beat Immigrant To Death
The Washington Post reports that three INS agents beat an immigrant to the point of paralysis and he succumbed to his injuries later.

Saudi Males 16-45 Will Be Fingerprinted And Registered
Worldnetdaily reports that Saudi males aged 16-45 will be subject to fingerprinting and registration.


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Letters to the Editor

Dear Editor:
You have had two Immigration Daily issues without mentioning Tancredo. Congratulations for focusing on Immigration Issues, leaving Tancredo behind and forgotten!

Pablo I Jaramillo


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. Send Correspondence and articles to editor@ilw.com. Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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