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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 12, 2001
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Editor's Comments of the Day

In 1996 US military personnel evacuated members of the Iraqi National Congress under attack by Saddam Hussein's forces in the town of Irbil. The Petitioner in Al-Harbi v. INS, No. 98-70828 (9th Cir. Mar. 9, 2001), was one of the Iraqis evacuated to Guam where he was interviewed by an INS officer and the case was referred to an Immigration Judge. At his hearing he gave testimony inconsistent with the information on his asylum application, and then changed his testimony. The IJ found Petitioner ineligible for asylum and withholding and entered an adverse credibility determination. The BIA affirmed holding that the Petitioner failed to establish either past persecution or a well-founded fear of persecution. The 9th Circuit found Petitioner's claim of past persecution failed because it depended entirely on his own discredited testimony. The court did however agree with the Petitioner that if he were returned to Iraq, the Iraqi government would infer from his involvement in the American-led airlift a dissident or traitorous political opinion and would persecute him for that reason. The court found substantial documentary evidence in the form of Iraqi newspaper articles and State Department reports supporting Petitioner's claim that he would be assumed to be a dissident, there was no challenge to the documentary evidence. The substantial, non-testimonal evidence in the record of the significant danger that Petitioner and others involved in the American airlift would face if returned to Iraq compelled the conclusion that Petitioner was entitled to withholding of removal.

Tip of the Day

Classifieds on ILW.COM

ILW.COM as the hub for the exchange of immigration information provides a unique forum for immigration jobs. With almost 6,000 people who are interested in immigration law subscribing to the e-mail version of Immigration Daily, ILW.COM are in a unique position to help employers and employees meet. Unlike print media which requires days or weeks to prepare and distribute, we can get your message out with Internet speed. We will also carry for no charge announcements of immigration related events. ILW.COM does not have the facility to relay messages or provide blind boxes, but there are many sites, such as Hotmail and Yahoo, which allow you to establish an e-mail account and retain your anonymity.

In the Classifieds section we carry ads from employers looking to fill immigration related positions. We will also carry notices from employees seeking immigration related jobs. We have had a request from an employer searching for a lawyer for some specialized immigration advice. We also carry, for no charge, notices of immigration related events such as the seminar announcement in today's issue. If you want to place an ad, want information about placing an ad, want to make a suggestion about what we should carry or simply have a question about whether or not we will carry an item please contact us at

ILW.COM Featured Article of the Day

245(i) for Dummies
Curtis Pierce explains 245(i) in plain terms with easy to understand examples.

Federal Register News of the Day

Designation of El Salvador Under TPS Program
The INS has issued regulations outlining the application procedures for Temporary Protected Status (TPS) for eligible Salvadorans. The TPS designation is effective on March 9, 2001 and will remain in effect until September 9, 2002.

Cases of the Day

Insufficient Evidence of Extra-Judicial Divorce
[You will need Acrobat to read this file]
In an unpublished opinion in Iyamba v. INS, No. 99-4176 (8th Cir. Mar. 9, 2001), the court agreed with the Immigration Judge (IJ) and the Board of Immigration Appeals (BIA) that Petitioner did not provide sufficient evidence of his extra-judicial Nigerian divorce.

Withholding Granted With No Credible Testimony
In Al-Harbi v. INS, No. 98-70828 (9th Cir. Mar. 9, 2001), the court affirmed the Immigration Judge's adverse credibility finding of an Iraqi who had changed his testimony several times, but ordered withholding based on substantial, non-testimonial evidence that Petitioners and others who were involved in an American airlift would face significant danger if returned to Iraq.

Congressional News of the Day

New Immigration Legislation Introduced in House
H.R. 945, a bill to adjust the immigration status of certain Colombian and Peruvian nationals who are in the US, and H.R. 964, a bill to amend the Immigration and Nationality Act to exempt certain elderly persons from demonstrating an understanding of the English language and the history, principles, and form of government of the United States as a requirement for naturalization, and to permit certain other elderly persons to take the history and government examination in a language of their choice, were both introduced in the House and referred to the House Committee on the Judiciary.

INS News of the Day

TPS Instructions from the INS
The INS has announced that it will begin accepting applications on March 9, 2001 for Temporary Protected Status (TPS) for eligible Salvadorans. Regulations outlining application procedures have been published in the Federal Register and the application period will continue for 18 months beginning March 9, 2001 and ending on September 9, 2002.

Immigration News of the Day

Woman Charged With Illegal Voting Won't Be Deported
According to the Nando Times a woman who faced deportation to the Dominican Republic for voting illegally in the 1992 and 1996 presidential races because she believed she was an American citizen has had the charges dropped against her by the federal government and will be able to stay in the US.

ILW.COM Chats and Discussions of the Day

Chat with Barry Lieber
Barry Lieber will answer questions on all aspects of immigration law on Monday, March 12, 2001, at 9:00 p.m. Eastern (New York) time. Questions will be accepted beginning 15 minutes before the start of the chat.

Letters to the Editor

Dear Editor:

I filed 6 LCAs on February 5th, and received one approved LCA about 10 days ago. I have received no response on the other LCAs, nor have I received any response on LCAs filed (nearly every day) thereafter.


Dear Editor:

I spoke too soon - when I returned to my office after 5, I had received my approved ETA 9035.

DeAnn Hilmoe
Software Engineer, BPro Inc

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

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]

2001 AILA Annual Conference on Immigration Law June 20-24, 2001, Marriott Copley Place & Westin Copley Place Boston, Massachusetts. The Preeminent Law Symposium on Immigration and Nationality Law With an expert faculty and cutting edge programs, the AILA Annual Conference is an unbeatable continuing legal education symposium in terms of scope and value. This event brings together thousands of immigration law practitioners, leading immigration law experts, government officials, and other legal professionals from around the country. Participants spend three and one-half days attending educational sessions and workshops focusing on the latest developments and issues in immigration and nationality law. Attendees can develop their own individualized CLE conference by choosing courses from a wide variety of programs: Core Curriculum, Substantive Practice, Special Mini Tracks, Mock Hearings and Interviews, Litigation Skills Training, Practice Roundtables and Government Agency Open Forums. For detailed program information, and registration forms, please visit the conference portion of the AILA Web site at American Immigration Lawyers Association 918 F Street, NW Washington, DC 20004 Tel: (202) 216-2400 Fax: (202) 371-9449 Contact: Conference Department or E-Mail

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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