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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 31, 2001
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Editor's Comments

The text of S. 949, a private bill for the relief of Zhengfu Ge is now available. A press release from Sen. Feinstein's office explains that Zhenfu Ge is the mother of a naturalized citizen who died of cancer last month and the grandmother of two American children. Mrs. Ge promised to care for her grandchildren after her daughter's death, but because her daughter died 11 days before her final INS hearing, Mrs. Ge now faces deportation instead of receiving a green card. "Granting her lawful permanent residence will allow Mrs. Ge to keep the promise she made to her daughter. I hope my colleagues will support this private legislation so that we can help Mrs. Ge, her grandchildren, and son-in-law begin to rebuild their lives in the wake of their family tragedy." Private bills are usually introduced on behalf of individuals whose compelling circumstances require Congress to act when administrative or legal remedies have been exhausted.

We have made some changes to Immigration Daily which we hope will make it easier to read. We have eliminated the headings for Federal Register News of the Day, Case of the Day, Congressional News of the Day, INS News of the Day and DOS News of the Day. We will continue to bring you all the news from these sources, but we will group it all under the heading Immigration News. The section we have called Immigration News of the Day we provide links to immigration related articles in other publications. To describe this section more accurately we will call it Immigration in the Press. We welcome comments and suggestions at

Tip of the Day

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ILW.COM has launched IFillForms. IFillForms gives you access to immigration forms and the data anywhere you have access to the internet. You enter data and save the forms on-line, so you can work at the office, from home or at a client's site. You never need to buy a CD ROM and reinstall for an update. We make considerable efforts to protect the data that you enter on this site. We use Secure Socket Layer (SSL), 128-bit encryption, firewall, granular access based on username/password. in developing the software we have deliberately opted for simplicity and ease-of-use. We currently have the 20 most useful forms available and will continue to add to the list. You can fill out a sample form on the Demonstration and Test Page. The forms are priced on an unlimited-use subscription basis for one year. If you want to try the forms before signing up for a year, or if you need them just for a short time you can purchase a three day subscription. For more information on ILW.COM's IFillForms check the Forms FAQs.

ILW.COM Featured Article

Federal Court Upholds Medicaid Restriction for Undocumented Immigrants
Greg Siskind and Amy Ballentine write about a recent Second Circuit decision in a case pending for more than 20 years dealing with restrictions on the ability of undocumented immigrants to receive publicly funded prenatal care.

Immigration News

[You will need Acrobat to read these files]

Alienage Considered in Sentencing Guidelines
In US v. Duenas-Moreno, No. 00-2423 (8th Cir. May 30, 2001), the court rejected the argument that the substantial penal burdens imposed on Appellant as a result of his alienage were not contemplated under the sentencing guidelines.

Court Cannot Lessen Sentence for Aliens
The court in US v. Yanez-Dominguea, No. 00-2272 (8th Cir. May 30, 2001), found that the district court did not err when it determined it had no authority to depart from the applicable sentencing guideline range on the ground that Appellants status as a deportable alien would result in adverse treatment while in custody.

Court has no Jurisdiction to Determine if Daughter is a Child
In Montero-Martinez v. Ashcroft, No. 99-70596 (9th Cir. May 30, 2001), the court found that it lacked jurisdiction to review Petitioner's claim that an adult daughter meets the definition of child for purposes of cancellation or removal, and amended its opinion of May 23, 2001, to clarify that hypothetical jurisdiction is not a permissible basis on which to base jurisdiction.

EOIR Ethics Manual
The Executive Office for Immigration Review (EOIR) has issued an ethics manual for EOIR adjudicators including members of the Board of Immigration Appeals (BIA), Immigration Judges and Administrative Law Judges.

Immigration in the Press

To Fill in Gaps, Shrinking Cities Seek a New Wave of Foreigners
The New York Times [registration required] reports that a small but growing number of cities with declining populations are embracing new strategies to attract immigrants to replenish shrinking neighborhoods, fill labor shortages and inject greater ethnic diversity in their communities. [Long download]

This Day in Immigration

From May 31, 2000

"INS Releases Adjudications Statistics An INS memo provides the adjudications statistics for the second quarter of FY2000 for naturalization, adjustment and green card renewal applications."

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:


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

Prominent New York City immigration law firm with interesting and diverse practice seeks paralegal for handling business, family and litigation matters. Candidates must have excellent writing and organization skills as well as an interest in all aspects of immigration law, including advocacy. Prior immigration experience preferred. Send a resume and cover letter to: Cyrus D. Mehta, Esq., 1170 Broadway, Suite 607, New York, NY 10001. Fax: 212-686-2665.

Immediate opening for immigration paralegal in 11 attorney Gateway One, Newark law firm. College degree and employment-related immigration experience preferred. Good writing and research skills necessary. Ability to work independently and with the firm's clients required. Competitive salary and generous benefits. Resumes should be forwarded to Anthony F. Siliato, Meyner and Landis LLP, One Gateway Center, Newark, New Jersey 07102.

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

INSTACASE.COM, the FREE online Legal Journal, provides headnoted case digests to the most recent case decisions. INSTACASE provides concise and comprehensive case summaries so you can evaluate each case quickly, with links directly to the full text of the case. INSTACASE also has a Daily Email Delivery service, iGest, which delivers to the headnoted summaries to your email every morning, keeping you up to date on changes in the law. Stay one step ahead.

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

Saturday, June 30, 2001, 9:00 a.m. to 1:00 p.m. at DoubleTree Suites, Falls Conference Center, Mt. Laurel, NJ. A panel of experienced immigration lawyers and paralegals will explain how the administrative system operates and present the information you need to handle basic immigration matters. Youll also hear directly from several agency representatives about the procedures you need to follow when dealing with these agencies. For details click here.

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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