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Editor's Comments of the Day
In Ladha v. INS No. 98-70772 (9th Cir., June 1,2000), the 9th Circuit ruled that the wrong legal standard of evidence was applied when the BIA concluded that the Ladhas' were ineligible for asylum because they did not provide independent corroboration of their testimony. The Court reaffirmed that "an alien's testimony, if unrefuted and credible, direct and specific, is sufficient to establish the facts testified to without the need for any corroboration." This is consistent with previous decisions and recognizes the fact that people who have a genuine fear of persecution are unlikely to stop and plan what corroborating evidence they will need to prove that fear before fleeing.
Cases of the Day
BIA Requirement of Corroboration of Credible Evidence Contrary to Rule in Ninth Circuit Court of Appeals
In Ladha v. INS No. 98-70772 (9th Cir., June 1,2000), the 9th Circuit ruled that the wrong legal standard of evidence was applied when the BIA concluded that the Ladhas' were ineligible for asylum because they did not provide independent corroboration of their testimony. The Court reaffirmed that "an alien's testimony, if unrefuted and credible, direct and specific, is sufficient to establish the facts testified to without the need for any corroboration."
INS News of the Day
ILW.COM invites the submissions of correspondence about matters of
immigration law from government agencies. Submissions may be published. Please
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Improved Web Site of the Executive Office for Immigration Review
The updated EOIR Internet site includes links to forms, a nationwide listing of Immigration Courts, Immigration Court Home Pages, job opportunities, easier access to the Immigration Court Local Rules, Board of Immigration Appeals precedent decisions, and in-depth information about the EOIR and its functions to assist the public in becoming better informed about the agency's mission, goals, and accomplishments. The site can be found at: http://www.usdoj.gov/eoir.
ILW.COM Featured Article of the Day
ILW.COM invites the submission of articles about immigration law. Please send
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Immigration News of the Day
INS to Put Oregon Detainees in Hotel
The Los Angeles Times reports that the INS, in response to policies that have earned Portland the name "Deportland" in some Asian countries, will place foreign travelers denied entry into the country in guarded hotel rooms instead of jail in situations where the detainee must remain in the US overnight. The hotel policy will apply to foreigners who lack the proper documents for entry but not to people who have attempted to enter the country through fraud or misrepresentation.
Secret Evidence Denies Man's Rights, Judge Says
According to the Florida Sun-Sentinel, US District Judge Joan A. Lenard found that holding Mazen Al-Najjar on the basis of secret evidence denies him his fundamental rights and ordered that he be given an opportunity to respond to the evidence against him. Judge Lenard stopped short of ordering the immediate release of defendant Al-Najjar, a former Arabic language professor at the University of South Florida in Tampa.
News About Elian Gonzalez
WNYC Public Newsroom provides a variety of news articles regarding the Elian Gonzalez decision and its aftermath.
ILW.COM Highlights of the Day
Read about ILW.COM- The Immigration Portal, in "Indian Reporter and World News"
You can read about ILW.COM- The Immigration Portal, in "Indian Reporter and World News," dated Friday, May 26. We appear in the New York-Community Focus section as "Immigration Daily Launched."
ILW.COM Chats and Discussions of the Day
Chat with Robert Hollander, Esq.
Get answers to your questions on all aspects of immigration law from Robert Hollander, Esq., Monday, June 5, 2000, at 9:00 p.m. ET.
Letters to the Editor
We encourage correspondence on any immigration related matters and comments
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Letters may be edited for clarity, legal and space considerations, and may be published and otherwise used in any medium.