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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 9, 2001
Editor's Comments of the Day
Tip of the Day
Cases of the Day
Congressional News of the Day
INS News of the Day
ILW.COM Featured Article of the Day
Immigration News 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

Thanks to our readers, since the first issue on May, 2, 2000, Immigration Daily has grown. We have grown in our ability to cover the Federal Register, the Congressional Record, the federal courts and government agencies. Even more, thanks to you, our readers, we have grown as a hub for the exchange of information on immigration. For example, today's issue has two articles, a letter to the editor and three classified ads. If you have an observation, an opinion, a gripe or a compliment about immigration, share it with the visitors to the site and the other readers of Immigration Daily. With over 5,600 subscribers to the e-mail version there is no quicker way to get your message to an interested readership. Submit articles, classified ads and letters to the editor to

Tip of the Day

Using a Browser

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If you use Immigration Daily in its e-mail version, please be aware that most of the original material which we digest is only accessible on the site through the contained links in the e-mail. Some readers have commented that they print out Immigration Daily and read it at their leisure rather than sitting in front of a computer. Even if that is your preference you may still on occasion want to print out the original sourece material from a specific link. We recommend using the web browser version in addition to the e-mail version of Immigration Daily.

Cases of the Day

Court Need Not Reduce Sentence to Speed Removal
In US v. Martinez, No. 00-1137 (2nd Cir. Feb. 2, 2001), the court found that in sentencing a defendant convicted of having entered the US without permission after having been deported as a aggravated felon, there was no reason the district court should have sua sponte imposed less than the recommended sentence on the ground that it would allow the defendant to be deported more quickly.

Retroactive Stop-Time Rule Upheld
The court in Ram v. INS, No., 99-70918 (9th Cir. Feb. 8, 2001), held that the stop-time rule applies generally to transitional rule aliens seeking suspension of deportation; this application of the stop-time rule is not impermissibly retroactive and does not violate due process; IIRIRA exemption of certain aliens from the stop-time rule based on national origin does not violate equal protection; and in calculating the continuous physical presence requirement, time accumulated after service of an OSC cannot be considered.

Aggravated Felonies Can Increase Sentence
In US v. Pacheco-Zepeda, No. 99-50720 (9th Cir. Feb. 8, 2001), the circuit court held that it was proper for the district court to consider prior aggravated felony convictions when sentencing the Defendant for re-entering the US without permission after having been deported where the prior convictions were not part of the indictment. The court has amended it December 6, 2000, decision in this case.

Congressional News of the Day

New Immigration Bills Introduced in House
H.R. 500, a bill to revise various provisions of the Immigration and Nationality Act and H.R. 505, a bill to amend the Immigration and Nationality Act to provide for the adjustment of status of certain unaccompanied alien children and the establishment of a panel of advisors to assist unaccompanied alien children in immigration proceedings, were introduced in the House and referred to the House Committee on the Judiciary.

Legislation for Immigrant Students Introduced in Senate
S. 269, a bill to ensure that immigrant students and their families receive the services the students and families need to successfully participate in elementary schools, secondary schools, and communities in the US was introduced and explained in the Senate and referred to the Committee on Health, Education, Labor, and Pensions.

INS TWOV Rule Referred to Committee on the Judiciary
A letter from INS transmitting the final rule on the "Update of the List of Countries Whose Citizens or Nationals Are Ineligible for Transit Without Visa (TWOV) Privileges to the United States Under the TWOV Program" was referred to the House Committee on the Judiciary.

INS News of the Day

INS Announcement in Discrimination Case
[You will need Acrobat to read this file]
Pursuant to the court approved settlement in the class action Potter v. Reno, Civil Action No. 1:98CV02270 (D.D.C.), the INS has released a Special Notice describing the basis for this initiative, eligibility requirements, evaluation requirements, and instructions on how to apply, an Application for Rating, a Class Certification Membership Form and an Instruction Sheet.Checklist.

ILW.COM Featured Article of the Day

Immigration Issues in the 107th Congress
Andrs Benach from the offices of Cyrus D. Mehta reviews the immigration issues debated at the end of the 106th Congress and the issues facing the 107th.

The ABCs of Immigration - L-1 Intracompany Transfer Visas
Greg Siskind and Amy Ballentine write about L-1 intracompany transfer visas available to persons coming to work in the US for an employer that is related to a company the applicant worked for prior to entering the US.

Immigration News of the Day

Immigration Lawyer Danilov Bungled Cases, Bar Group Says
The Seattle Post-Intelligencer reports that a flamboyant Seattle attorney who built a name for himself representing poor, refuge-seeking immigrants for more than four decades now faces 29 charges of misconduct.

Letters to the Editor

Dear Editor:

Here in Washington State all N-400s go through the Nebraska Service Center. Recently I had two clients who passed their tests/interview but had to return to Seattle for the swearing in ceremony. (This return trip happens if you have any document the INS asks for or if your interview is late in the day). The return trips for these two clients took about a year for one and almost two for the other. In each case, I had to send additional inquiries. This "return for your swearing in" seems to happen an awful lot. One would think even the INS would consider people's time and not have appointments without swearing people in the same day.

Pat Crane

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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