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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 27, 2001
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Editor's Comments

Now that we have had a chance to unpack from the AILA conference we would like to thank the readers of the Daily who took the time to stop by our booth and to welcome the new readers who subscribed in the exhibit hall. We can begin to review some of the information from the conference.

At a panel on labor certifications officials from the Department of Labor shared some unofficial figures on the number of labor certification applications received by the April 30, 2001, deadline for 245(i). The estimate is 235,000 cases filed compared to about 45,000 cases to meet the 1998 deadline for 245(i). With the approximately 65,000 applications pending as of March 30, 2001, there are now some 300,000 cases in the pipeline. California, New York, New Jersey, Texas and Florida account for about 60% of the cases.

The DOL also indicated that the regulation allowing for the conversion of regular labor certification cases to reduction in recruitment (RIR) cases without loss of priority date should be promulgated within a matter of weeks. The DOL suggested that it is not too early to start establishing a pattern of recruitment for pending regular cases in anticipation of the conversion regulation. They gave no date for complete revision of the labor certification process called PERM. It is expected to go forward, but there are unresolved issues such as how to handle the backlog of cases currently pending. One thing does seem clear, that after the experience with the LCA system, the PERM program will not rely on a FAX.

Tip of the Day

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If you use Immigration Daily in its e-mail version, please be aware that most of the original material which we digest is only accessible on the site through the contained links in the e-mail. Some readers have commented that they print out Immigration Daily and read it at their leisure rather than sitting in front of a computer. Even if that is your preference you may still on occasion want to print out the original source material from a specific link. We recommend using the web browser version in addition to the e-mail version of Immigration Daily.

ILW.COM Featured Article of the Day

Immigrant Children Exceed Expectations; Studies Show That Immigrant Children Are Assimilating
The American Immigration Law Foundation looks at a recent study which indicates that millions of immigrant children have higher grades and sharply lower dropout rates than native-born American children.

Immigration News

Rape not Linked to Political Opinion
In Ochave v. INS, No. 99-70739 (9th Cir. June 26, 2001), the court found substantial evidence to support the Immigration Judge's determination that Petitioner's rape was not on account of political opinion and that she did not have a well founded fear of future persecution since she had lived for a year without incident after the rape.

Indefinite Detention Pending Removal
Riley v. Greene, No. 00-D-1775 (D.Col. 2001), denied the Applicant's pro se habeas petition finding that detention pending removal was justified in light of his refusal to cooperate with the INS in his removal.

Carrier Subject to Fine for Alien without Visa
The Board of Immigration Appeals (BIA) in In re Finnair Flight AY103, 23 I & N Dec. 140 (BIA 2001), found that a carrier is subject to a fine for bringing an alien passenger to the US without a valid nonimmigrant visa even though the passenger was later granted a waiver of the visa requirement.

Thousands Denied Benefits Based on Immigration Status
Rep. Rodriguez stated on the floor of the House that tens of thousands of women and children in this country are denied vital medical and food benefits because of their immigration status.

House Judiciary Committee Mark up of Family Sponsor Immigration Act
The House Committee on the Judiciary was scheduled to mark up H.R. 1892, Family Sponsor Immigration Act of 2001, on Tuesday, June 26, 2001.

Cosponsor for Age-out Bill
Sen. Hagel has been added as a cosponsor to S. 672, a bill to provide for the continued classification of certain aliens as children for purposes of the Act in cases where the aliens "age-out" while awaiting processing.

INS News Conference on Anti-Smuggling
Acting INS Commissioner Kevin Rooney will announce the results of an international anti-smuggling operation at a news conference on Wednesday June 27, 2001, at 11:00 a.m.

Immigration in the Press

U.S. Attorney-General Calls for Crackdown on Human Smuggling
According to the National Post John Ashcroft, the US Attorney-General, warned that human smuggling from Canada into the US has become a "major organized crime activity" worth $10-billion annually.


Chat with Fariba Faiz
Fariba Faiz will answers questions on all aspects of immigration law on Wednesday, June 27, 2001, at 2:00 p.m. Eastern (New York) time. Questions will be accepted beginning 15 minutes before the beginning of the chat.

This Day in Immigration

From June 27, 2000

"Petition for Rehearing Denied in Elian Gonzalez Case In Gonzalez v. Reno, No. 00-11424, (11th Cir. June 23, 2000), the 11th Circuit denied the request for a hearing and affirmed its earlier decision. In its strongly worded opinion the Court warned the Plaintiffs to expect no motions to stay the issuance of the mandate granting Juan Gonzalez the right to speak for his son to be granted, and that all injunctions in the case will dissolve on Wednesday, June 28, 2000, at 4:00 in the afternoon Atlanta time."

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

Job Responsibilities: The staff attorney will be responsible for working in several project areas providing legal technical assistance to the staff of nonprofit agencies and pro bono attorneys working with low income immigrants on issues relating to family-based immigration with a special emphasis on immigrant victims of domestic violence - both spouses and children. The job will include organizing and presenting at trainings, and writing and editing manuals for attorneys and others. Qualifications: Experience in the practice of immigration law; knowledge of the law and procedure of family-based immigration; practical experience in VAWA immigration relief. Knowledge of other areas of immigration practice relating to low income clients a plus. Excellent writing skills and legal analysis, good presentation skills; organized; independent worker. Some travel required. Fluency in Spanish a plus. Compensation: ILRC offers a competitive compensation package, including benefits, with full consideration of applicant's experience. The ideal candidate will be interested and available in full-time work, although part-time schedules will be considered. Applications: To ensure consideration of your application, resume and letter of interest should be submitted by July 8, 2001 to: Shari Kurita, Assistant Director, Immigrant Legal Resource Center, 1663 Mission Street, Suite 602, San Francisco, CA 94103, Fax: (415)255-9792 (no calls, please), ILRC IS AN EQUAL OPPORTUNITY EMPLOYER

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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Marc Ellis, Gary Endelman

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