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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 15, 2001
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Editor's Comments of the Day

ILW.COM has recently obtained from the Department of Labor a large number of Board of Alien Labor Certification Appeals ("BALCA") decisions. Over the next few issues of Immigration Daily we will provide our usual brief digests of the decisions starting with 2001. We regret that at this time we lack the resources to digest the earlier decisions. BALCA cases are useful not just in preparing a response to a Notice of Findings, but are an invaluable resource in avoiding pitfalls and preparing cases that get approved with minimal delay. We will make all the material we have available and encourage people to comment whether it be a paragraph or an article.

Tip of the Day

More Tips For ILW.COM Case Tracking Users

ILW.COM's support team has put together some more tips on using case tracking which we hope you will find helpful:

-- Was the "Est. processing time" field acting funny in the update case form? Thanks to the attorney members who reported this date comparison problem. It has been fixed and is available now in your software.

-- Is the password hard to remember? We designed the system to have cryptic passwords for your security. The user name cannot be changed but the password can. Simply hit the "Change password" button before you login.

-- Are the user name & password hard to type? You can copy the user name and password from your e-mail or a text file using the Ctrl+C command (i.e. hold down the control key and press the letter "C" for copy). These can be then pasted into our login screen, one at a time, using the Ctrl+V command.

-- Wondering how to get started with ILW.COM case tracking? Don't lose that employer client! With just one short training period 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

Court Upholds BIA's Denial of Asylum Application
The court in Mazariegos v. INS, No. 99-4410, (11th Cir. Feb. 12, 2001), held that the Board of Immigration Appeals ("BIA") did not err in rejecting the Petitioner's application for asylum since he did not show that the he was subject to persecution on account of his political opinions, and there was substantial evidence supporting the BIA's finding that he did not have a well-founded fear of persecution throughout his entire country.

Mandatory Detention of Alien Unconstitutional
[You will need Acrobat to read this file]
In Small v. Reno, No. 3:00-CV-2155 (JCH) (D. Conn. Dec. 29, 2000), the court found the mandatory detention provisions unconstitutional when applied to a lawful permanent resident without a bond hearing while awaiting a hearing on relief from removal for which he was statutorily eligible, granted the writ of habeas corpus and ordered that the Petitioner be afforded a bond hearing.

Congressional News of the Day

INS Rules Referred to the Committee on the Judiciary
Reports on INS rules entitled "Additional Authorization to Issue Certificates for Foreign Health Care Workers; Speech Language Pathologist and Audiologists, Medical Technologists and Technicians and Physician Assistants," "Temporary Protected Status; Amendments to the Requirements for Employment Authorization Fees, and Other Technical Amendments," "Clarification of Parole Authority," "Clarification of Parole Authority; Delay of Effective Date," and "Temporary Protected Status; Amendments to the Requirements for Employment Authorization Fee, and Other Technical Amendments; Delay of Effective Date" were laid before the Senate and referred to the Senate Committee on the Judiciary.

ILW.COM Featured Article of the Day

Far Reaching Amnesty Legislation Introduced in Congress
Greg Siskind and Amy Ballentine write about recently introduced legislation that would essentially grant an amnesty to many undocumented immigrants in the US.

Immigration News of the Day

Migrants Plant Pine Trees But Often Pocket Peanuts
The New York Times [registration required] reports that more than 15,000 workers, most of them Mexican, who come to the US each year on temporary visas to plant tens of millions of trees, are often paid far less than they are due because of widespread violations of wage and hour laws, and lawyers are now pressing three class-action lawsuits on behalf of thousands of immigrant forestry workers.

ILW.COM Chats and Discussions of the Day

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

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 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.

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.
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