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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
March 7, 2001
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Editor's Comments of the Day

In Matter of Kebbem, File A74-944-520, the Board of Immigration Appeals (BIA) upheld an Immigration Judge's (IJ) grant of withholding of removal for a Gambian charged with having committed a non-political crime on the basis that is was more likely than not that he would face torture in a Gambian prison. At his individual hearing the respondent testified that he had beat someone to death at a soccer game in Gambia and that he was wanted for murder. The IJ noted the country reports that the Gambian government had a reputation for physically abusing detainees, the severe prison conditions in Gambia and the lack of public accountability for brutal physical treatment. Finding it more likely than not that the respondent would face torture in Gambia, the IJ granted withholding. The Service appealed on the grounds that the respondent had not met the burden of proving that it was more likely than not that he would face torture if returned to Gambia, and that since respondent had committed the crime of murder he was barred from applying for withholding of removal.

The BIA deferred to the IJ's conclusion on the credibility of respondent's testimony, and affirmed the conclusion that the respondent had established by a preponderance of the evidence that he would face torture if he were removed from the US. A majority noted that contrary to the Service's assertions, the country reports made no distinction between political prisoners and those detained on legitimate criminal charges. A dissenter found that the country reports did make a distinction between political prisoners and those detained on criminal charges, and that there was little evidence that a non-political detainee would face torture. On the facts presented the BIA concluded that the respondent had demonstrated that he would more likely than not face torture if he were returned to Gambia, and so was entitled to withholding of removal under the CAT.

Tip of the Day

Making ILW.COM Your Home Page

For a Web user, the home page is the first Web page that is displayed after starting a Web browser such as Netscape's Navigator or Microsoft's Internet Explorer. A number of our site readers have made ILW.COM their home page for their Internet Explorer or Netscape browser. Making ILW.COM your home page is a convenient way to keep up with the latest immigration news. It is also useful to have ILW.COM as you home page if you need quick access to government processing times, the visa bulletin, immigration forms, 245(i), the Attorney Directory or any other immigration related information. Here's how to make ILW.COM your home page:

In Microsoft Internet Explorer 5 or Higher:

  1. In the Tools menu, choose Internet Options
  2. In the Home Page area, type in
  3. Click OK. From then on, when you start up Internet Explorer, ILW.COM
  4. will be your starting point.

In Microsoft Internet Explorer 4 or Less:

  1. In the View menu, choose Options.
  2. Click on the Start and Search Pages tab. (note: some versions have a Navigation tab instead of a Start and Search Pages tab.)
  3. Choose Start Page in the popup menu.
  4. In the Home Page area, type in
  5. Click OK. From then on, when you start up Internet Explorer, ILW.COM will be your starting point.

In Netscape Navigator:

  1. In the Edit menu, choose Preferences.
  2. Select Navigator on the left side of the pop-up box.
  3. Under the Home Page area, in Location, type in
  4. Click on OK. From then on, when you start up Navigator, ILW.COM will be your starting point.

Once you've set this up, ILW.COM will be the first page retrieved when you access the Internet on your computer, and whenever you need to return to ILW.COM, just click on "Home" (the button with a picture of a house on it) on your browser's tool bar and you'll come back to ILW.COM.

ILW.COM Featured Article of the Day

Military Service and Naturalization
If you have been or are in the United States military or if you are the dependent of a military employee, the process for becoming a naturalized US citizen may be fast and easy for you. The INS gives certain privileges to legal permanent residents who have been or are serving honorably in the US military.

Federal Register News of the Day

Comment Request on Application for Asylum and Withholding of Removal
The INS has extended until April 5, 2001, the public comment period for Form I-589, Application for Asylum and for Withholding of Removal.

Cases of the Day

Sexual Assault of Four-Year-Old is Sexual Abuse of a Minor
The court in Lara-Ruiz v. INS, No. 99-2868 (7th Cir. Mar. 6, 2001), found that it was not improper for the Board of Immigration Appeals (BIA) to look beyond the statutory elements and charging document, and to find that a conviction under a state statue for sexual abuse of a victim who "was unable to understand the nature of the act or was unable to give knowing consent," was sexual abuse of a minor where the victim was a four-year-old girl.

Harsher Sentence for Transporting Aliens without Seat Belts
[You will need Acrobat to read this file]
In sentencing for transporting illegal aliens for commercial advantage and private financial gain, the court inUS v. Oritz, No. 00-1956 (8th Cir. Mar. 6, 2001), found no error in increasing the sentence on the basis of intentionally or recklessly creating a substantial risk of death or serious bodily injury where twenty-three aliens were in a van equipped to accomodate fourteen passengers.

Aggravated Felony Does not Need to be Charged in Indictment
In two unpublished opinions, US v. Abundis-Quesadas, No. 00-3580 (8th Cir. Mar. 6, 2001), and US v. Olvera-Yanez, No. 00-3852 (8th Cir. Mar. 6, 2001), [You will need Acrobat to read these files] the court found that in sentencing for illegally entering the US after deportation, the fact of prior aggravated felony conviction did not have to be charged in the indictment and proven beyond a reasonable doubt in order to impose an increasd sentence for having been deported after being convicted of an aggravated felony.

Manslaughter a Crime of Violence
The court in Park v. INS, No. 97-71373 (9th Cir. Mar. 6, 2001), determined that a conviction of involuntary manslaughter under California law is a crime of violence and aggravated felony for purposes of immigration law.

Withholding for Gambian
In Matter of Kebbem, File A74-944-520, the Board of Immigration Appeals upheld an Immigration Judge's grant of withholding of removal under the Convention Against Torture (CAT) for a Gambian charged with having committed a non-political crime on the basis that is was more likely than not that he would face torture in a Gambian prison. [Courtesy of David Cleveland].

Congressional News of the Day

Private Relief Bill Introduced in Senate
S. 453, a bill to provide lawful permanent residence status for Denes and Gyorgyi Fulop, was introduced in the Senate and referred to the Senate Committee on the Judiciary.

Immigration News of the Day

Firms Seek Fewer Foreign Workers
The San Francisco Chronicle reports that with projected earnings of companies plummeting, the same firms that scrambled for workers from overseas are curbing their hiring, announcing massive layoffs and companies are nowhere near reaching even last year's quota of 115,000 for specialty occupation worker visas, which Congress raised to 195,000 last October.

ILW.COM Chats and Discussions of the Day

Chat with Mira Mdivani
Mira Mdivani will answer questions on all aspects of immigration law on Wednesday, March 7, 2001, at 9:00 p.m. Eastern (New York) time. Questions will be accepted starting 15 minutes before the beginning of 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

Law firm located in Cranford, NJ looking for experienced immigration paralegal. Must have experience with labor certifications. Excellent salary, full benefits. Great working environment. Send resume by email to: or by mail to: Lubiner & Schmidt, PO Box 621, Cranford, NJ 07016.

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

There will be a New Jersey Institute for Continuing Legal Education (ICLE) Seminar that will be run in conjunction with AILA on Tuesday March 13, 2001 from 9:00 a.m. to 5:00 p.m. at the Gateway Hilton in Newark, New Jersey. For details click here. [You will need Acrobat to read this file]

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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