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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
February 8, 2001
Editor's Comments of the Day
Tip of the Day
Cases of the Day
ILW.COM Featured Article of the Day
Immigration News 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

According to an article in the Chicago Tribune Rep. Luis Gutierrez (D-Ill.) plans to introduce legislation Wednesday calling for a broad immigration amnesty, allowing virtually all illegal immigrants now in the country to apply for permanent residency within 5 years. Proposals for amnesty are made in every Congress. The Latino and Immigrant Fairness Act (LIFA)" introduced in Congress last year would have made it possible for people who have been in the US for fourteen years to apply for permanent residency. Congress did not pass it. According to the Tribune, "Gutierrez said he hoped to spur a debate over the status of illegal immigrants." Congressmen never seem to lack topics to debate. What counts is action.

Tip of the Day

Tips For ILW.COM Case Tracking Users

To assist the many ILW.COM members using our case tracking system, our support team has put together some tips which we hope you will find helpful:

-- Don't know the alien's e-mail address? When you create a case, in the alien profile simply enter your own e-mail address. Also check the box which says 'Disable Alien Access'.

-- Want to minimize data entry? The software was designed with a minimum of required fields e.g. you can create a case with as little as three items of information. Simply leave blank the fields that don't have a red asterisk (*) next to them. [An asterisk is the standard indicator that a field is optional.]

-- Don't know the Agency File #? The agency file # field is required if the status is "with agency" in the update case form. If this is not available simply type "not known" in this field and the software will accept it.

-- Wondering how to get started with ILW.COM case tracking? Don't lose that employer client! With half an hour of work you can offer this high-demand feature to your clients. Write to and we will set up the system for you with ten free cases.

Cases of the Day

No Jurisdiction to Review Final Order of Removal
In Miranda v. Reno, No. 99-56359 (9th Cir. Feb. 7, 2001), the appeals court agreed that the district court had no jurisdiction to review a final order of removal of an aggravated felon. Jurisdiction to hear constitutional claims under the general federal question statue was precluded by IIRIRA and the alien had already been removed so he could not satisfy the "in custody" requirement for habeas jurisdiction.

Court Waives Filing of New Naturalization Application
In Galvez-Letona v. Kirkpatrick, No. 99-4195 (10th Cir. Feb. 2, 2001), the court found that where Petitioner's naturalization application had previously been denied because of his inability to demonstrate attachment to the principles of the Constitution and understanding the oath, he did not have to file a new petition since Congress's recent action granting the INS discretion to waive certain naturalization requirements for disabled persons applies to all people applying for naturalization "before, on or after" the date of the amendment.

ILW.COM Featured Article of the Day

B-1 Visitors, U.S. Tax Traps for the Unwary
Paula N. Singer writes that the majority of B-1 visitors entering the United States are generally unaware of the US tax implications of their mere physical presence in the United States.

Immigration News of the Day

Gutierrez Bill Proposes Immigration Amnesty
The Chicago Tribune reports that Rep. Luis Gutierrez (D-Ill.) plans to introduce legislation calling for a broad immigration amnesty allowing virtually all illegal immigrants now in the country to apply for permanent residency within 5 years.

ILW.COM Chats and Discussions of the Day

Chat with Margaret Stock
Margaret Stock will answer questions on all aspects of immigration law on Thursday, February 8, 2001, at 9:00 p.m. Eastern (New York) time. Questions will be accepted starting 15 minutes before the chat.

Letters to the Editor

Dear Editor:

Indeed, the INS web site does add a little warmth to INS. Another thing INS could do to improve its image is to treat people who visit US Embassies with a little more respect and consideration. I visited the Embassy in Lima, Peru nearly a year ago to check the accuracy of the information I had concerning the immigration of my wife. The treatment we received, as well the treatment of those in line before us, makes it impossible for me to believe anything other than INS has a lot of bad blood toward the people they claim to serve.

Chad Zody Melbourne, Florida

Dear Editor:

You may recall I posted a plea for help on a child custody case between an L-1 visa holder and his L-2 wife. They separated during their stay here in America. Mr. "L-1" got a restraining order keeping the children here in America, and promptly stopped paying any support.

This led to an Alice-through-the-looking-glass experience, with a delightful (HAH!) experience of appealing an order restricting Mrs. "L-2"'s right of free speech, association, and religion. She was restrained from speaking about her children or her custody case with anyone but me, her attorney. Or taking the children to church. Incredible. Thank the ACLU and the stubbornness of one attorney (me) that we got that order stayed, remanded, and sent back to whatever dark legal "black hole" from whence it came....

To read the whole letter, click here.

Merritt McKeon
Orange, California

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

Maggio Kattar seeks a highly skilled associate to join our creative and congenial Washington, D.C. office. This attorney will lead a team of committed paralegals and work in conjunction with our other teams in providing representation to corporations and individuals across the nation. Excellent compensation, meaningful work. E-mail your resume in confidence 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 to meet the demands of our growing business, the firm is actively recruiting for experienced paralegals in its NEW YORK, NEW JERSEY and CHICAGO offices. 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 Diana Friedman, Fragomen, Del Rey, Bernsen, & Loewy, 515 Madison Ave, New York, NY 10022 or fax 212-758-7215.

Experienced Immigration Legal Assistants consider the best of all worlds: Live in Chattanooga, TN, a lovely mid-sized city. Work directly with the author of a national law book on immigration (Robert Divine) with well-organized practice tools. Serve national and local clients for the 10 offices of a growing regional full service law firm (Baker Donelson Bearman & Caldwell, P.C.). Requires detail oriented, highly organized individual with bachelor's degree and clear verbal and written skills. Spanish fluency a plus but not required. Salary dependent on experience. E-mail resume:

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