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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 15, 2001
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Editor's Comments of the Day

The Department of State has notified 90,000 people that they are winners of the Diversity Lottery for 2002. Each year, 50,000 immigrant visas are made available through a lottery to people who come from countries with low rates of immigration to the US. None of these visas are available for people who come from countries that have sent more than 50,000 immigrants to the US in the past five years. The State Department's National Visa Center holds the lottery every year, and chooses winners randomly from all qualified entrants. Winners may apply for permanent residence. If permanent residence is granted, then the individual will be authorized to live and work permanently in the US.

Permanent residence for refugees and asylees is consistent with traditional views of American as the land of freedom and liberty. Family based immigrant visas are deeply rooted in American immigration law and for many years of the last century were almost the only basis for immigration. Employment based immigrant visas have been part of immigration law for more than a generation. The link between immigration and employment is not only generally accepted, but is the focus of much current debate on immigration policy. The Diversity Lottery, in contrast to the other immigrant categories, does not seem to have a clear and obvious constituency. Perhaps this is why people who write on immigration policy are often willing to abandon it as part of a compromise in proposed immigration reforms as in Gary Endelman's recent article What Really Matters: Immigration and National Interest.

Tip of the Day

Using a Browser

A browser is a software program that allows your computer to link to the World Wide Web and access documents (web pages). Netscape Navigator and Microsoft Internet Explorer are the two most popular browsers used. They are both graphical browsers which means that they are able to display graphics as well as text. Some other options for browsers include Opera, HotJava from Sun Microsystems, Arachne for DOS systems and Lynx, which is only a text browser. Most new computers now come with either Navigator or Internet Explorer pre-installed.

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ILW.COM Featured Article of the Day

US Courts Deflate Anti-Immigration Legislation; The Supreme Court Insistent on Rights for Immigrants
The American Immigration Law Foundation finds that US courts have traditionally diminished the intended effects of anti-immigrant legislation by ruling them unconstitutional. Judicial responses to early 20th century anti-immigration legislation remain a benchmark for future rulings.

Cases of the Day

Detention Not Always Persecution
[You will need Acrobat to read this file]
In an unpublished opinion in Befekadu v. INS, No. 00-2483 (4th Cir. May 9, 2001), the court found that substantial evidence supported the Board of Immigration Appeals's (BIA's) conclusion that six months of detention did not qualify as persecution.

No Benefit to Alien from INS Error
In US v. Hernandez-Avalos, No. 00-50186 (5th Cir. May 11, 2001), the Defendant argued that an earlier removal proceeding was fundamentally unfair because the INS officials erred in applying Board of Immigration Appeals (BIA) precedents in determining that his conviction for heroin possession under state law was and aggravated felony. The court agreed that the INS had not applied BIA precedent, but found that the BIA interpretation of the law was wrong so the proceedings were not fundamentally unfair.

"Amount of Funds" Given Plain Reading
[You will need Acrobat to read this file]
The court in Chowdhury v. INS, No. 99-71159 (9th Cir. May 14, 2001), found that the phrase "amount of the funds" in the definition of aggravated felony for money laundering refers to the amount of money that was laundered and not the loss suffered by the victims of the underlying criminal activity.

AAO Finds Dairy Herd Manager a Specalty Occupation
In a recent decision, the Office of Administrative Appeals agreed that the position of dairy herdsman appeared to that of a farm manager and that a baccalaureate in agriculture or a related degree would be a usual requirement. [Courtesy of Beverly Osterow and Elizabeth J. Bedient]

DOS News of the Day

DV-2002 Winners Notified
The Kentucky Consular Center has registered and notified the winners of the DV-2002 diversity lottery. Approximately 90,000 applicants have been registered and notified for the 50,000 available immigrant visas.

Immigration News of the Day

Regulating Foreign Workers
According to the Detroit News Congress infuriated immigration foes last year when it raised the annual cap on temporary work visas to relieve a critical shortage of skilled workers in the high-tech industry. The foes argued that raising the visa cap would depress American wages in good times and threaten American jobs in bad times. In fact, the exact opposite may be true.

This Day in Immigration

From May 15, 2000

"New Mexico District Court Grants Summary Judgment Against INS In Yu v. Brown, No. CIV 97-1491 MV/WWD, the New Mexico District Court granted a summary judgment motion against the INS. The Court found that a 1997 amendment to the definition of special immigrant juvenile does not apply to applications filed prior to the time the amendment was enacted into law."

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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