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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 16, 2001
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Editor's Comments of the Day

Yesterday we launched a new look including a new search engine [See Tip of the Day] for the on-line version of Immigration Daily. This is just one of the changes we have made to the appearance of our site. These changes have included brightening the background, adding new colors and changing the items that appear in the menu strip on the left hand side of the page. The goal is not just to make the site more visually attractive, but to make it easier to find the information you want and to read it. We encourage your comments and suggestions. Send to

Tip of the Day

Improved Search Engine for Immigration Daily

ILW.COM has implemented a new search mechanism for the Immigration Daily archives to make it easier to take advantage of the tremendous database of immigration information we have built up over the past months. All of the immigration primary source material and the articles are searched with this tool except for the pdf documents.

Some useful hints to help in searching:

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We believe this improved search capability will make the site more useful. Please try the new search to find material you are interested in and let us know what you think at

Federal Register News of the Day

Comment Request on Documentation of Immigrants and Nonimmigrants and Refusal of Individual Visas
The Department of State has issued an interim rule effective February 15, 2001, that makes ineligible for admission crewmen who intend to land for the purpose of joining a vessel or aircraft during a labor dispute where there is a strike or lockout involving the employer and the bargaining unit of the employer, and students who plan to study at a public elementary or publicly-funded adult education program, or at a public secondary school unless the total period of stay in the latter educational institution is less than one year and the student has fully reimbursed the school for the costs of such education.

Request for Grant Proposals for Regional Scholar Exchange Program
The Bureau of Educational and Cultural Affairs announces an open competition for administration of the Regional Scholar J-1 Exchange Program which provides opportunities for university faculty, researchers, and scholars in the social sciences and humanities from the Newly Independent States (NIS) and the US to receive fellowships for study at US and NIS institutions.

Request for Grant Proposals to Develop an MBA Program for Croatia
The Bureau of Educational and Cultural Affairs announces an open competition for an assistance award to support the Consortium of Faculties of Economics in Croatia as it develops a full-time MBA J-1 exchange program.

Request for Grant Proposals for Freedom Support Act Contemporary Issues Fellowship Program
The Bureau of Educational and Cultural Affairs announces an open competition for administration of the Freedom Support Act Contemporary Issues Fellowship J-1 Program selects highly qualified government officials, NGO leaders, and other professionals from the Newly Independent States who are engaged in the political, economic, social and educational transformation of their countries to receive fellowships at US universities, think tanks, NGOs and US Government offices.

Cases of the Day

Guarding Railroad Station is Assisting in Persecution
In Naujalis v. INS, No. 00-1518 (7th Cir. Feb. 15, 2001), the court found that service in the Lithuania Army under Nazi control constituted assistance in Nazi persecution even though his duties were guarding a railway station and not personal participation in atrocities.

Negligent Discharge of Firearm Leads to Removal
The court in Valerio-Ochoa v. INS, No. 98-70529 (9th Cir. Feb. 15, 2001), found that a California conviction for negligently discharging a firearm is a deportable firearms offense and so the court had no jurisdiction.

BIA Reopens Proceedings
In a recent decision the Board of Immigration Appeals ("BIA") determined that given the totality of the circumstances it was appropriate to reopen proceedings where the Respondent believed that the venue of the proceedings had been changed. [Courtesy of Lisa H. Donnelley]

Bare Assertion Fails to Sustain Burden of Proof
[You will need Acrobat to read this file]
In Jerry's Subs and Pizza 1999-INA-175 (Jan 14, 2001), found that the employer's assertions in the absence of corroborating evidence did not satisfy the burden of proof that the experience requirement was not unduly restrictive, and the issue of the whether the job had been correctly classified could not be raised for the first time on appeal since it had not been raised in the response to the Notice of Findings.

Congressional News of the Day

Sen. Leahy Discusses Asylum and Domestic Violence
In an address to the Senate Sen. Leahy praised former Attorney General Reno for her actions in the case of Matter of R.A. and encouraged the Bush Administration to continue with those efforts to provide a safe harbor for victims of severe domestic abuse.

Senate Resolution on Presidential Visit to Mexico
Concurrent resolution, S. Con. Res. 13, expressing the sense of Congress bipartisan interest in America's current relationship with Mexico and to suggest several issues of particular importance that President Bush should raise during his upcoming meeting with President Fox, was introduced and passed by the Senate.

Peopling of America Theme Study Act
S. 329, a bill to require the Secretary of the Interior to conduct a theme study on the peopling of America, to provide a basis for identifying, interpreting and preserving sites related to the migration, immigration and settling of America, was introduced in the Senate and referred to the Committee on Energy and Natural Resources.

Legislation to Sponsor Permanent Partners for US Residence Introduced in House
H.R. 690, a bill to provide a mechanism for United States citizens and lawful permanent residents to sponsor their permanent partners for residence in the US, was introduced in the House and referred to the House Committee on the Judiciary.

INS News of the Day

Arrests for Alien Smuggling
The US Attorneys Office for the Northern District of California announced 12 people were arrested on charges of conspiracy, alien smuggling, and enticing and transporting women for purposes of prostitution as the result of a two year investigation by the INS.

INS Names New El Centro Border Patrol Chief
The INS announced this week the selection of Kenneth "Ken" Stitt as the new Chief Patrol Agent of the El Centro Border Patrol Sector.

ILW.COM Featured Article of the Day

INS Guidance on Travel for H-1B Visa Holders Under New Law
Cyrus D. Mehta writes about a recent INS memo that provides much needed clarification on travel issues under the portability provisions of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21).

The ABCs of Immigration Adoptions and Orphans
Greg Siskind and Amy Balllentine write about the international adoption process.

Immigration News of the Day

One-Year Visas Proposed for Mexicans in US
The San Jose Mercury News reports that undocumented migrant workers are seeing a glimmer of hope that their days of working on the margins of US immigration policy may be numbered if the idea floated by Sen. Phil Gramm to provide one-year visas to undocumented Mexican nationals in the US is pushed through.

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 in its NEW YORK, NEW JERSEY, STAMFORD 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 Anne-Rose van den Bossche, Esq., Fragomen, Del Rey, Bernsen, & Loewy, 515 Madison Ave, New York, NY 10022 or fax 212-223-8757

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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