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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 18, 2001
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Editor's Comments of the Day

The May 15 testimony of Acting INS Commissioner Kevin Rooney before the Subcommittee on Immigration and Claims contains some interesting statements. In describing how the INS has improved its customer service, Mr. Rooney told the Senators, "the INS has improved customer service in various respects. Due to an intense, two-year Naturalization Backlog Reduction Initiative, the INS has made tremendous progress in increasing its immigration services' productivity and customer service." He noted that in FY 2000, the INS, "reduced the processing time for employment-based petitions from 18 months to 90 days." He did not specify the type of employment-based petitions, but if he means I-140s then the information is not consistent with the processing times provided by AILA. They indicate that in April the Texas Service Center was processing I-140s received seven months ago and at the Vermont Service Center the processing time for I-140s is 150-240 days.

The testimony also contains a forecast of what is to come. In describing the challenges facing the Service, Mr. Rooney stated "the Legal Immigration Family Equity (LIFE) Act of 2000 amendments alone will add an estimated additional caseload of 2.3 million applications and petitions in FY 2001 and 1.2 million applications and petitions in FY 2002 to the current 6.9 million applications received annually, a 26 percent increase over a two-year period." Faced with this additional workload, it is reasonable to expect that the INS will not be able to maintain its "tremendous progress in increasing its immigration services' productivity and customer service."

Tip of the Day

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ILW.COM Featured Article of the Day

Court Deals Blow to INS over Handling of EB-5 Cases
Greg Siskind and Amy Ballentine write about the recent decision in Chang v. US, No. CV-99-10518-GHK (AJWx)(C.D. Cal. May 3, 2001).

Federal Register News of the Day

Interim Rule on Syrian Asylees
The INS has published an interim rule, effective May 17, 2001, providing for adjustment of status for certain nationals of Syria. Comments must be submitted on or before July 16, 2001.

Cases of the Day

"Criminal Sexual Assault" May Be "Sexual Abuse of a Minor"
The court in US v. Martinez-Carillo, No. 00-3919 (7th Cir. May 17, 2001), found that a father's conviction for criminal sexual assault of his daughter was sexual abuse of a minor and so an aggravated felony, that is was a crime of violence and that the district court did not err in refusing to grant a downward departure from the sentending guidelines on the basis that the Defendant was an alien.

Detention Mandatory Pending Removal
In Patel v. Zemski, No. 01-405 (E.D. Penn. May 10, 2001), the court determined that indefinite detention of an aggravated felon is not a violation of the right to due process of law.

DOS News of the Day

DOS on "Real IRA" Terrorist Designation
The Department of State confirms that "representatives of the 'Real IRA'" and its named aliases are ineligible for US visas.

Immigration News of the Day

A Philadelphia Plan Seeks "Replacement People"
According to the Philadelphia Inquirer city councilman James T. Kenney will release a plan today to attract immigrants to the city as the best way to offset the population loss that is draining Philadelphia of jobs, small businesses and homeowners.

ILW.COM Chats and Discussions of the Day

Chat with Karen Meade
Karen Meade will answer questions on all aspects of immigration law on Friday, May 18, 2001, at 9:00 p.m. Eastern (New York) time. Questions will be accepted starting 15 minutes before the beginning of the chat.

This Day in Immigration

From May 18, 2000

"In US v. Pacheco-Medina the 9th Circuit held that to be convicted of being found in the United States after having been deported, the alien must make an entry. Pacheco was deported to Mexico and two days later was observed by a surveillance camera climbing the international boundary fence. He ran past a Border Patrol Agent, but was apprehended a almost immediately. He was convicted of "at any time [being] found in" the United States after having once been deported from this country. 8 U.S.C. S 1326(a). He appealed the conviction on the grounds that because he was never free from official restraint, in legal contemplation he had not even entered the United States. The 9th Circuit analyzed the concept of entry in the context of immigration law and agreed finding that physical presence is not enough to be "found in" the United States."

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:

Letters to the Editor

Dear Editor:

In reading the letter written by Mr. Linnartz, I cannot help but disagree with his views on Mr. Bush's contributions on immigration matters. Anybody that thinks that Mr. Bush is pro-immigrant is naive. If Mr. Bush is really serious about immigration matters then he should put his money where his mouth is. One does not have to go farther than his budget proposals which earmark a pitiful fraction towards advancing the services of the INS. If anything, Mr. Bush is pandering to immigrant interests, only he is being slick to make immigrants believe that he is fair.

David Chavez

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

Proskauer Rose LLP seeks an experienced immigration paralegal for its dynamic Immigration Group. Based in Newark, NJ (a block from PATH and train station), we operate on a unique team system. If you enjoy client contact, a fast pace, brainstorming, and a diverse workload, you'll be happy here. We require a bachelor's degree, 3 years of business immigration experience, and excellent communication skills - oral and written. Salary DOE. Please submit cover letter, resume, and writing sample to Angela Houghton, fax (973) 274-3299, or e-mail

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

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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