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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
May 10, 2001
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Editor's Comments of the Day

The oral arguments before the Supreme Court in Calcano-Martinez v. INS and INS v. St. Cyr have been made available. Both cases were argued by Edwin Kneedler on behalf of the governemnt and Lucas Guttentag representing on one case the Petitioner and in the other the Respondent. The cases test the applicability of IIRIRA's limitations on judicial review of removal decisions based on convictions which occurred before the enactment of IIRIRA. According to a recent article by Greg Siskind and Amy Ballentine an immigration law expert present at the arguments had a number of observations. She believes that the final decision may be 6 to 3, ruling that some form of judicial review remains even after the 1996 law. A decision is expected this summer.

Tip of the Day

Creating an Internet Presence for your Law Practice

As Larry Bodine recently wrote, recent research explodes the myth that web sites are unimportant in the overall marketing efforts for law firms. Here are the steps for setting up your practice on the Internet:

  1. INSTANT WEB SITE If you do not have a web site, sign up for ILW.COM membership and we will create an instant web page and a web address for you.

  2. GET A DOMAIN Register an internet address such as "" Make sure that the address is short and not prone to spelling errors. Examples for John Doe could be, or Catchy immigration names would work too though many are already taken. ILW.COM can register your address of choice for you, just write to

  3. CHOOSE A HOST A hosting company (such as ILW) provides a physical location for your web site. Your address will not be functional until you choose a host. Choose a reliable hosting company with good support. A professional e-mail address such as is part of most hosting packages.

  4. IMPROVE YOUR SITE What will people see when they visit your site? A web site can be just a single page or much larger. To expand your site you need a web designer who can create a visual identity for your practice. This process is similar to getting a brochure designed. Rates can vary from a few hundred dollars to thousands. ILW.COM hopes to offer you a few inexpensive alternatives in the near future.

  5. MARKET YOUR SITE Once your site is ready, do not expect it to be overwhelmed by traffic right away. You need to market the site. Put the address on your stationery and tell your clients about it. Put up useful information and encourage other web sites to link to yours by offering them articles or a link in exchange. Hosting on ILW.COM helps build traffic as we send visitors to your site from the directory and search engines.

We hope to cover the above steps in greater detail in future tips. ILW.COM offers a free consultation on all the above steps, please write to

ILW.COM Featured Article of the Day

Cuban-Americans Remember Elian Gonazlez One Year after the Raid
Greg Siskind and Amy Ballentine look back on the Elian Gonzalez events of a year ago.

Federal Register News of the Day

Grant Applications for Refugee Resettlement
The Office of Refugee Resettlement invites submission of grant applications for funding, on a competitive basis, in four categories: Preferred Communities, Unanticipated Arrivals, Services for Arriving Refugees with Special Conditions or Victims of a Severe Form of Trafficking, and Ethnic Community Self-Help.

Cases of the Day

Supreme Court Oral Argument Transcripts
The oral arguments before the Supreme Court in Calcano-Martinez v. INS and INS v. St. Cyr have been made available.

"Stop-Time" Rule Applicable to Pending Cases
In Pinho v. INS, No. 99-5844 (3rd Cir. May 9, 2001), the Third Circuit joined the Fourth, Fifth, Eighth, Ninth, Tenth and Eleventh Circuits in finding the "stop-time" rule applicable deportation cases in which a final administrative decision had not been made at the time of IIRIRA was enacted.

[You will need Acrobat to read these files]

Inability to Speak Chinese is an Extreme Hardship
In Matter of Kao 23 I & N Dec. 45 (BIA 2001) the Board of Immigration Appeals (BIA) determined that a 15 year old US citizen child who does not speak Chinese would suffer extreme hardship if she had to accompany her parents to Taiwan, and so granted the parents' petition for suspension.

"Exceptional and Extremely Unusual Hardship" Worse Than "Extreme Hardship"
The Board of Immigration Appeals (BIA) in Matter of Monreal-Aguinaga 23 I & N Dec. 56 (BIA 2001) found that an applicant for cancellation of removal must demonstrate "exceptional and extremely unusual hardship" which is beyond what has historically been required in suspension of deportation cases involving the "extreme hardship" standard.

Challenge to Waiver of Right to Appeal May be Filed with IJ or BIA
In Matter of Patino 23 I & N Dec. 74 (BIA 2001), the Board of Immigration Appeals (BIA) decided that a party wishing to challenge the validity of the waiver of the right to appeal may file either a motion to reconsider with the Immigration Judge or an appeal directly with the Board of Immigration Appeals.

Multiple DUI Convictions Not a Crime of Moral Turpitude
In Matter of Torres-Varela 23 I & N Dec. 78 (BIA 2001), the Board of Immigration Appeals (BIA) held that under Arizona law, the offence of aggravated driving under the influence (DUI) with two or more prior DUI convictions is not a crime of moral turpitude.

Congressional News of the Day

Appropriations Committee Meeting for INS
The Committee on Appropriations, Subcommittee on Commerce, Justice, State and Judiciary, on Immigration and Naturalization Service, was scheduled to meet at 10:00 a.m. on May 9, 2001.

Naturalization for Gao Zhan
Sen. Allen speaks in favor of S. 702 which would grant citizenship to Gao Zhan, a US permanent resident currently detained in China.

Cosponsor for Extension of 245(i)
Sen. Fitzgerald has been added as a cosponsor for S. 778 which would extend the deadline for eligibility for 245(i).

Immigration Changing American Schools
Debate on amendments to the "Better Education for Students and Teachers Act includes discussion of the effect of immigration on public education in America.

Immigration in the Conference Report on Budget Resolution
The Conference Report on the Concurrent Resolution on the budget for FY2002 states it is the sense of the Senate that a reduction in funding for the Coast Guard would force it to reduce operation in a manner that would have a detrimental impact on its ability to stem the flow of illegal immigration.

INS News of the Day

Unrestricted Social Security Cards for Asylees
A letter from the Acting Director of the Office of Refugee Resettlement state that as of April 4, 2001, asylees should receive unrestricted social security cards and no longer need an employment authorization document (EAD) to apply for a social security number.

INS Questions and Answers on TPS
The INS has released questions and answers on the extension of TPS for Hondurans and Nicaraguans.

USA Extiende Nuevamente el TPS por 12 Mesas Mas
TPS for Hondurans and Nicaraguans has been extended until July 5, 2002 (in Spanish).

INS Milwaukee Office Moves
The INS Milwaukee Sub Office will close at noon on May 10, 2001, and reopen May 16, 2001, at its new location, 310 E. Knapp Street, Milwaukee, WI 53202.

Immigration News of the Day

Ashcroft Wraps up Border Tour, Defends Policy Says More Personnel Needed
The Arizona Republic reports Attorney General John Ashcroft praised the work of Border Patrol agents and defended US immigration policy Monday as he ended his first trip to the Southwestern border.

This Day in Immigration

From May 10, 2000

"Rep. Stearns Questions INS Abduction of Elian Rep. Stearns questions the INS decision to remove Elian from the home of the Miami relatives."

The ILW.COM archive of immigration information is 20,000 pages and continually growing. To search the archive by date, click here, or search by entering a keyword:

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 to 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 212-750-1121

On Friday May 18, 2001, the Philadelphia Chapter of the American Immigration Lawyers Association will host "It Takes a Lawyer: Representation of Families in Nonimmigrant and Immigrant Visa Proceedings Before the INS, State Department and Immigration Court" Topics to be covered include Ethics, Nonimmigrant Visas for Family Members, Waivers, Litigating Family Based Immigration Issues, Affidavits of Support, Consular Processing, VAWA issues and Bona Fide Marriages. For registration information, please call Valentine Brown at 856-384-9902.

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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