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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
January 17, 2001
Editor's Comments of the Day
Federal Register News of the Day
Cases of the Day
INS News of the Day
DOS News of the Day
ILW.COM Featured Articles of the Day
Immigration News of the Day
ILW.COM Highlights of the Day
ILW.COM Chats and Discussions of the Day
Letters to the Editor
Classifieds of the Day
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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. Correspondence to Letters may be edited and may be published and otherwise used in any medium.

Editor's Comments of the Day

ILW.COM has added fillable versions of the I-864 to the forms page. The I-864, Affidavit of Support can now be completed and printed directly from the site. There is also a fillable version of the Affidavit of Support with on-line help. These are large files and may take longer than most other pages to load. Be patient!

In a recent decision the Board of Immigration Appeals ("BIA") agreed with an Immigration Judge that a Delaware conviction for driving under the influence of alcohol is not a crime of violence within the meaning of aggravated felony. This would seem to contradict the BIA's decision in Matter of Puente, Interim Dec. 3412 (BIA 1999) which held that a conviction for driving while intoxicated under the Texas Penal Code was a crime of violence and so an aggravated felony. The Board made the distinction that the Delaware statute covers not only driving and operating a motor vehicle, but also "having actual physical control of a vehicle." The Delaware Supreme Court interprets the statue to cover situations where a person is found in a parked car. The BIA found that the broader definition of operating a motor vehicle used by the Delaware court could include offenses which do not fit the definition of a crime of violence. Since the conviction record did not identify the circumstances of the driving under the influence offense, the BIA agreed with the Judge that the INS had failed to prove by clear and convincing evidence that the Respondent had been convicted of an aggravated felony.

ILW.COM thanks Thomas Hutchins who provided a copy of the BIA's decision. We encourage others to share cases, BIA decisions, AAU decisions, INS decisions or any other matter of immigration interest by FAXing to 212 563-4438.

Federal Register News of the Day

INS Service Data Management Improvement Act Task Force
The INS has issued a notice advising Federal, State, and local agencies, and private sector representatives that the Attorney General is establishing an INS Data Management Improvement Act Task Force. The INS is soliciting members, interested groups, associations, or individuals who may wish to serve on the Task Force.

Final Specification of Community Programs For Aliens
The Department of Justice has issued a final notice on the Attorney General's order that specifies the types of community programs, services, and assistance for which all aliens remain eligible.

Comment Request for Authorization to Issue Certificates for Foreign Health Care Workers
The INS is requesting comments on its interim rule which enables the Commission on Graduates of Foreign Nursing Schools (CGFNS) to issue certificates to aliens seeking admission as, or adjustment of status to permanent residents on the basis of the occupations of Speech-Language Pathologists and Audiologists, Medical Technologists and Technicians, and Physician Assistants. Comments will be accepted until March 19, 2001.

Cumulative List of Public Laws
A cumulative list of public laws for the 106th Congress, Second Session, has been published in the Federal Register. [Relevant immigration sections highlighted].

Cases of the Day

Driving Under the Influence Not an Aggravated Felony in Delaware
In a recent decision the Board of Immigration Appeals ("BIA") agreed with an Immigration Judge that a Delaware conviction for driving under the influence of alcohol is not a crime of violence within the meaning of aggravated felony because Delaware's statute covers not only driving and operating a motor vehicle, but also "having actual physical control." [Courtesy of Thomas Hutchins]

INS News of the Day

Delegation of Authority Under Sections 212(f) and 215(a)(1)
President Clinton continues to delegate to the Attorney General the authority to maintain custody and conduct any screening deemed appropriate in her unreviewable discretion of any undocumented person seeking to enter the US in a vessel interdicted on the high seas.

Diversity in America
In a message to Congress President Clinton comments on the current explosion of diversity in America, and the growth of various immigrant groups that have settled in the US.

DOS News of the Day

DOS Provides Help for I-864
The Affidavit of Support Forms I-864 and I-864A are complex and have proven difficult for some to complete correctly. The DOS now has a website that offers help and includes a fillable version of the form and a version with on-line help. [Long Download]

ILW.COM Featured Articles of the Day

New Congressional Leadership
Greg Siskind provides an update on the membership of the Congressional Committees on the Judiciary and the Immigration Subcommittees.

245(i) Restored Temporarily!
Valentine Brown writes about the temporary restoration of section 245(i).

ILW.COM Highlights of the Day

Immigration Guides
Answers for all your immigration questions.

ILW.COM Chats and Discussions of the Day

New Chat Transcripts Posted
The chat transcripts page has been updated with transcripts of recent chats including Greg Siskind's chat on 245(i).

Letters to the Editor

Dear Editor,

INS appears to have a professional Internet web page for the Office of the Internal Audit offering a business reply mail format and assuring "there will be no retaliation for submitting a complaint." It goes on to say "forwarding a complaint will have no effect upon your immigration case..." Are we to believe this also means any legitimate complaint gets filed under P for problem and no one really cares why the complaint was filed in the first place? All complaints forwarded to OIA need to be published and indexed in our information age, to prove INS is becoming a service and not languishing as a system. We need to see how well-trained INS really is and be assured they are working towards 21st century "service" levels and ridding their lot over-zealous "badges."

Neil Reed

Classifieds of the Day

ILW.COM carries classified ads for immigration related positions. $100 for single insertion, $250 for five consecutive insertions, payable in advance. Contact us for details. We will also carry for no charge announcements such as immigration related events. We reserve the right to refuse any ad and to make minor editorial and formatting changes. Send to

Fragomen, Del Rey, Bernsen & Loewy is the largest law firm in the country practicing exclusively in the area of immigration and nationality law. In order meet the demands of our growing business, the firm is actively recruiting for experienced paralegals. The ideal candidate has business immigration experience or a human resources background dealing with immigration issues. Must have excellent verbal and written communication skills and be able to perform multiple tasks in a fast-paced environment. The firm offers superior salaries and exceptional growth opportunities. Please submit cover letter and resume to Anne-Rose van den Bossche, Esq., Fragomen, Del Rey, Bernsen, & Loewy, 515 Madison Ave, New York, NY 10022; fax 212-223-8757; email

THE SPEAKERS: This is a bench-bar panel coordinated by US Immigration Judge William Strasser and featuring three other Immigration Judges: Hon. Jeffrey S. Chase, Hon. Margaret McManus, Hon. Alan. A. Vomacka, and INS Assistant District Counsel Lisa Greenburg. Click here for details.

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