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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
April 11, 2001
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Editor's Comments of the Day

In Kowalczyk v. INS, No. 99-9541 (10th Cir. Apr. 6, 2001), the court found that Board of Immigration Appeals (BIA) abused its discretion and violated Petitioner's right to due process when it took administrative notice of changed country conditions without giving him an opportunity to respond. The court rejected, however, the argument that the government should be equitably estopped from enforcing its exclusion order because the nine years it took to decide the appeal constituted affirmative misconduct. The court was mystified by the amount of time it took the BIA to decide the appeal, particularly since applications by two of Petitioner's co-workers who had applied at the same time were decided quickly, and wholly unconvinced that the government's argument that it was, "only the operation of the administrative judicial process that has caused delay." And you thought your case was taking a long time.....

Tip of the Day

Processing Times

The INS processes many petitions at its Eastern Service Center in Vermont, the Northern Service Center in Nebraska, the Southern Service Center in Texas and the Western Service Center in California. There are backlogs and delays throughout the INS including the Service Centers. We thank the American Immigration Lawyer's Association which makes this information available to the public; we make it available at ILW.COM as soon as we obtain it from them. The processing times pages are a resource attorneys can use to give their clients an idea of how long a particular application will take. Attorneys can also encourage clients to check the processing times themselves to reduce the number of phone calls asking how long a case is taking. The real measure of processing times is how long cases are actually taking. If you find a case taking more or less time than indicated on these pages, send the information to As the hub for immigration information ILW.COM is a place to share the latest and most up-to-date immigration information.

ILW.COM Featured Article of the Day

Boards Decision in Gambian "Convention Against Torture" Case Raises Question About Proper Interpretation of State Department Report
Carl R. Baldwin questions whether the Board of Immigration Appeals (BIA) interpreted correctly the State Department's Country Condition Report when it granted withholding of removal under the Convention Against Torture to a man wanted for murder in Gambia.

Federal Register News of the Day

New Port of Entry Facility in Blaine, WA
US General Services Administration will be holding the second scoping meeting on April 12, 2001, to ensure that all significant environmental issues are identified and thoroughly studied as part of the environmental analysis for the new Port of Entry facility at Peace Arch in the City of Blaine, Whatcom County, Washington.

Cases of the Day

BIA Must Allow Opportunity to Rebut Evidence
In Kowalczyk v. INS, No. 99-9541 (10th Cir. Apr. 6, 2001), the court found that Board of Immigration Appeals (BIA) abused its discretion and violated Petitioner's right to due process when it took administrative notice of changed country conditions without giving him an opportunity to respond, but rejected the argument that the government should be equitably estopped from denying the petition because the BIA took more than nine years to render a decision.

Crash Landing of Drug Smuggling Plane is Entry
The court in Farquharson v. INS, No. 00-11807 (11th Cir. Apr. 6, 2001), found that Petitioner had made an entry when the plane he was using to smuggle drugs crash landed and he was not apprehended by the police until a half hour after the crash.

Congressional News of the Day

"Family Reunification Act of 2001" Introduced in House
H.R. 1452, a bill to amend the Immigration and Nationality Act to permit certain long-term permanent residents to seek cancellation of removal, was introduced in the House and referred to the House Committee on the Judiciary.

INS News of the Day

Enforcement Activities Regarding LIFE Legalization
The INS has issued a memorandum providing initial guidance in dealing with CSS, LULAC, or Zambrano class members who are apprehended after the December 21, 2000, enactment of the LIFE act.

Fiscal 2002 Immigration Budget
The INS has released details on the President's Fiscal Year 2002 budget request for the INS which totals $5.51 billion and will allow the agency to continue the goals and strategies that it has pursued over the past several years. The FY 2002 budget includes $178.1 million to support INS' border management strategy, $1.3 million for immigration services including backlog reduction and achieving the six-month processing standard for all applications and petitions, $74.6 million for additional infrastructure to accommodate INS' growth in personnel and enforcement and construction of Border Patrol stations and detention facilities, and $88.8 million to strengthen efforts to identify and remove criminal aliens by improving detention space and creating positions in INS' Legal Proceedings Program.

Immigration News of the Day

Scam Alert: Amnesty Scheme Targets Immigrants
The Sacramento Bee reports that as new immigrants arrive in California, knowing little English and even less about the ways of the US, they become easy marks for con artists. Two examples of swindling immigrants out of money involve the promise of immigration amnesty and bogus collect calls.

ILW.COM Chats and Discussions of the Day

Special Chat on Canadian Immigration
Catherine Kerr will hold a special chat session on Canadian immigration law on Wednesday, April 11, 2001, at 9:00 p.m. Eastern (New York) time. Questions will be accepted beginning 15 minutes before the start 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

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 212-750-112

SYMPOSIUM: Low Wage Immigrant Workers: Essential to Employers but Neglected Under Our Immigration Laws
All interested persons are invited to attend. No fee or reservation is required. Monday, April 16, 2001, 7:00 - 9:00 p.m. New York City Bar Association, 42 West 44th Street. For details click here.

Face the Music in Austin, Texas: Learn the Latest Immigration Dance. Texas Chapter AILA proudly presents Spring 2001 Immigration Law Conference, April 27-28, 2001, Radisson Hotel & Suites on Town Lake, Austin, TX. For details click here.

The Practising Law Institute, a not-for-profit Continuing Legal Education Organization offers a program on Basic Immigration Law at PLI Conference Center, 810 Seventh Avenue at 53rd Street, 20th floor, New York City on Tuesday, May 1, 2001, from 9:00 a.m. - 5:00 p.m. For details click here.

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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