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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
June 8, 2001
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Many ILW.COM attorney members have inquired about a forum for communication between lawyers not accessible to the general public. To meet this need ILW.COM introduces an attorney to attorney list serv. Any ILW.COM member can post a question or comment to the list serv by sending and e-mail to The list will be moderated only to the extent of removing any messages not related to immigration or which contain inappropriate language. The e-mails will be collected and sent out once a day. Only ILW.COM members who opt in will receive the messages posted to the list serv. To start participating in this new free service send an e-mail to Please include your name in the subject line or in the body of the message so we can verify your membership in ILW.COM. If you have questions about this serivce, write to

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ILW.COM Featured Article

Alaska Court Rules Immigrants Qualify for Special State Benefits
Greg Siskind and Amy Ballentine write about the recent decision of the Alaska Supreme Court in Alaska v. Andrade in which the court ruled that certain non-citizens lawfully in the US are eligible for Permanent Fund Dividends.

Immigration News

Forgery Conviction an Aggravated Felony
In US v. Johnstone, No. 00-2473 (1st Cir. June 5, 2001), the court rejected Defendant's arguments that a conviction under Colorado law for forgery was not an aggravated felony, that his lawyer's failure to advise him of his rights under the Vienna Convention and the possibility of deportation amounted to ineffective assistance of counsel, and that the district court erred in not submitting a sentence enhancement to a jury.

Denial of Opportunity to Amend Motion is Denial of Due Process
The court in Saakian v. INS, No. 00-1771 (1st Cir. June 5, 2001), held that Petitioner had been denied due process when the Board of Immigration Appeals (BIA) upheld without analysis an Immigration Judge's order denying the pro se Petitioner's motion to reopen his in absentia deportation order on the basis of ineffective assistance of counsel.

Deported Alien Needs Attorney General's Consent
In US v. Carlos-Colmenares, No. 00-3632 (7th Cir. June 7, 2001), the Seventh Circuit overruled an earlier decision and held that intent to reenter the country without the Attorney General's express consent is not an element of being found in the United States, without the express consent of the Attorney General, after having been deported.

Immigration Action in the House
House action on immigration matters includes passage of H.R. 1209, which makes the determination of whether an alien is a child, for purposes of classification as an immediate relative, based on the age of the alien on the date the classification petition is filed, and approval by the committee on the Judiciary of H.R. 1892, which provides for the acceptance of an affidavit of support from another eligible sponsor if the original sponsor has died.

Child Status Protection Act of 2001
The House suspended the rules and passed H.R. 1209 which makes the determination of whether an alien is a child, for purposes of classification as an immediate relative, based on the age of the alien on the date the classification petition is filed.

Immigration Crisis
According to Rep. Tancredo America is in the midst of an immigration crisis, a crisis far greater in terms of its impact on the US than the energy crisis that presently confronts us in several States and perhaps even around the country.

Executive Communications
Letters from the Director, Policy Directives and Instructions Branch, INS, Department of Justice, transmitting the Department's final rules on NACARA adjustments, premium processing and adjustments under the LIFE Act were referred to the House Committee on the Judiciary.

INS Monthly Statistical Report for April 2001
The INS monthly statistical report for April includes figures on inspections, Southwest border apprehensions, immigration benefits, naturalization benefits, removals, investigations and asylum.

Immigration in the Press

Legal Resident Aliens Win Medicaid Dispute in New York Court reports on Aliessa v. Novello, No. 73 (June 5, 2001), in which New York's Court of Appeals struck down on state and federal constitutional grounds a state law that bars most Medicaid coverage for tens of thousands of legal immigrants suffering from life-threatening illnesses.

Eleven Migrant Desert Survivors Offered Jobs for Testifying
According to the Arizona Republic Eleven Mexican men who survived a harrowing desert border crossing that killed 14 others near Yuma will be offered temporary jobs and housing by the US government in return for remaining here to testify against the smugglers who left them to die.

This Day in Immigration

From June 8, 2000

"Bureau of Educational and Cultural Affairs; US-China Youth Exchange Initiative: Pilot Project; Notice: Request for Proposals The Youth Programs Division, Office of Citizen Exchanges, Bureau of Educational and Cultural Affairs announces an open competition to award one grant for the US-China Youth Exchange Initiative: Pilot Project. The goal is to develop a J-1 youth exchange program that would link schools and communities in China and the US."

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

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 ATLANTA, NEW YORK, NEW JERSEY,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 or

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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