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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 23, 2001
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Editor's Comments of the Day

In Immigrants Stuck in Prison Limbo the Christian Science Monitor writes about the cases of Zadvydas v. Underdowne and Holder v. Ma being considered by the Supreme Court. The issue is whether aliens found removeable but who have no country willing to take them can be detained indefinitely. In its Brief in the Ma case and its Reply to Respondent's Brief the government argues that the court of appeals' holding that the Attorney General's authority to detain aliens is limited to an unspecified "reasonable time" beyond the removal period is contrary to the text of the statute, the structure of the Act, the statutory history of the detention provisions of the INS and the Attorney General's authoritative interpretation of the Act. Similarly in its Brief in Zadvydas the government argues that continued detention of an alien does not violate due process where the alien is under a final order of deportation but has not yet been removed, and the alien's detention is subject to administrative review to determine whether he would present a risk to the community or of flight if released. A decision from the Court is expected in by early summer.

Tip of the Day

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ILW.COM Featured Article of the Day

The ABCs of Immigration Religious Workers
Greg Siskind and Amy Ballentine write about the immigrant visa category for ministers, people working in a professional capacity in a religious occupation or vocation, and others working in a religious occupation or vocation.

Cases of the Day

Adult Conviction of Juvenile Basis for Removal
In Vieira-Garcia v. INS, No. 00-1018 (1st Cir. Feb. 21, 2001), the court found that a conviction as an adult for an offense committed when Petitioner was seventeen years old was a conviction for purposes of immigration law and the fact that he might have been convicted as a juvenile in another jurisdiction was not a violation of his right to equal protection.

BIA Should not be Unreasonable
The court in Chowdhury v. Ashcroft, No. 99-4256 (7th Cir. Feb. 22, 2001), found that where the Board of Immigration Appeals could have deemed Petitioner's Motion to Reopen to be a Motion to Remand, it should not apply the regulation against filing more than one Motion to Reopen so strictly as to provide unreasonable, unfair and absurd results.

Summary Denial Requires Remand
[You will need Acrobat to read this file]
The Board of Alien Labor Certification Appeals ("BALCA") in Matter of Iglar 2000-INA-182 (Jan. 24, 2001), remanded the case to the Certifying Officer ("CO") for issuance of a supplemental Notice of Findings ("NOF") where it found that the CO had summarily denied certification and misstated facts in the Employer's rebuttal and failed to apply the totality of the circumstances test.

Immigration News of the Day

American in Fox Cabinet Aims to Protect Mexicans Here
The Houston Chronicle reports that a former University of Texas at Dallas professor, Juan Hernandez, has been named the first American to serve in a Mexican president's Cabinet and he is preparing to work with a new commission of top US and Mexican officials who will address the issue of cross-border migration.

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

ESRI's Staffing Services team is looking for a dynamic individual excited about working in an international environment. Be responsible for decision making, problem solving and management of all immigration related matters, in a multi-tasking, deadline driven department. Duties include, but are not limited to, management of visa process caseload for both non-immigrant and immigrant matters; maintenance of immigration database and public access folders; liaison between recruiter, foreign national, managers and attorneys on visa matters and related questions; assist in development of immigration website services; and coordinate hiring manager immigration training. Must have a Bachelor's Degree and be proficient in desktop software and HRIS. Previous immigration experience preferred, but not required. Please send a cover letter and resume coded IM/OCR/NR to For more information about ESRI visit

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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