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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
July 5, 2001
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Editor's Comments

ILW.COM has redesigned the "About Us" section. The page describes what we have to offer attorneys, employers, immigrants and their relatives. The page also lets you know how to communicate with us if you have questions or comments, if you want to tell your immigrant story or tell us of a problem on the site.

Most of the more than 20,000 pages of immigration information on ILW.COM are about immigration to the US. We are aware, however, that many site visitors are also interested in information about immigration to Canada. To meet this need we will be launching a Canadian immigration newsletter at some point in the future. To start receiving the e-mail version of this newsletter from the very first issue, enter your e-mail address and hit "go."

Tip of the Day

Immigrant's Weekly

Some people may not need the thorough and detailed coverage of immigration news provided by Immigration Daily. For those people ILW.COM publishes the Immigrant's Weekly, a newsletter designed to provide the latest immigration news for immigrants. Instead of focusing on immigration law, Immigrant's Weekly is built around the immigrant experience and is intended to meet the needs of immigrants for immigration information. For the Immigrant's Weekly we sift through the week's immigration items to bring you the ones that affect your life and give you the immigration news you need to know.

We encourage readers to write to and share your immigration stories. We invite you to exchange your opinions on immigration issues and share your experiences with others on topics such as: What led up to your decision to move to a new country? Was it for a better job? a better education? to be with your spouse? What problems did you encounter? How did you decide which possessions to take and which to leave? What did your family and friends say? Did they encourage you in your decision or beg you not to go? And what did you find when you arrived? Was it as you expected, or nothing like you expected? If you or someone you know would like to receive free weekly immigration updates in the Immigrant's Weekly please subscribe on ILW.COM's home page or at

ILW.COM Featured Article of the Day

Attorney Summary of INS Guidance on AC21
Kim King, Jose Latour, and Lorenzo Lleras examine the recent INS memo with initial guidance on AC21.

Immigration News

EADs for Hondurans, Nicaraguans Extended
The INS extends until December 5, 2001, the validity of EADs that were issued to Honduran or Nicaraguan nationals that are set to expire on July 5, 2001, under the extension of the TPS program. To be eligible for this automatic extension of employment authorization, an individual must be a national of Honduras or Nicaragua who currently holds an EAD that expires on July 5, 2001 and that was issued in conjunction with the TPS program for Honduras or Nicaragua.

Automatic Extension for Hondurans, Nicaraguan
A news release from the INS describes the automatic extension of work authorization for Honduran and Nicaraguan TPS class members from July 5, 2001 to December 5, 2001.

INS Communique
The INS Communique for April contains information about official and unofficial activities at headquarters and in the field.

BIA Fails to Give Regulation Plain Meaning
In Lal v.INS, No. 98-71087 (9th Cir. July 3, 2001), the court found that the Board of Immigration Appeals (BIA) erred when it denied asylum and withholding to an Indo-Fijian who had suffered past persecution because it interpreted the asylum regulations in a manner their plain language, strayed impermissibly from its own case law, that the BIA's determination of changed country conditions was not supported by substantial evidence, and, under Ninth Circuit law construing the humanitarian exception, Petitioner qualified for asylum.

Increased Sentence for Alien Smuggling Resulting in Death
The court in US v. Rodriguez-Cruz, No. 00-50351 (9th Cir. July 3, 2001), held that sentence enhancements for Plaintiffs who pled guilty to alien smuggling resulting in death were proper for recklessly creating a substantial risk of death or serious bodily injury were warranted because even though a snowstorm was not foreseeable, the aliens were woefully under-equipped for the potential hazards that were known.

DWI in Texas Not a Crime of Violence
The Board of Immigration Appeals (BIA) in In re Olicares-Martinez, 23 I & N Dec. 148 (BIA 2001), held that after the Fifth Circuit's decision in US v. Chapa-Garza, No. 99-51199 (5th Cir. Mar. 1, 2001), a Texas conviction for felony DWI is not classifiable as a crime of violence for purposes of removability in the Fifth Circuit.

Immigration in the Press

A Bill of Rights For Immigrants
According to T. Alexander Aleinikoff writing in the Washington Post last week the Supreme Court taught Congress a lesson that the American people taught Pete Wilson a few years back: that those who seek short-term political gain by being tough on immigrants end up paying a large long-term price.

ILW.COM Chats and Discussions of the Day

Chat with Alice Yardum-Hunter
Alice Yardum-Hunter will answers questions on all aspects of immigration law on Thursday, July 5, 2001, at 9:00 p.m. Eastern (New York) time. Questions will be accepted beginning 15 minutes before the beginning of the chat.

This Day in Immigration

From July 5, 2000

"On March 20, 2000, the INS published a policy memorandum clarifying the requirements that govern the adjudication of EB-2 immigrants petitions. The memorandum provides guidance determining whether the job offered to the alien beneficiary actually requires a member of the professions holding an advanced degree or the equivalent. It also addresses the issue of what sort of experience the job must require of a person with only a bachelor's degree, in order for the position to qualify as a position requiring an advanced degree or the equivalent. On May 4, 2000, in a case entitled Chintakuntla v. INS, No. C99-5211 MMC (N.D.Cal.), the District Court for the Northern District of California ordered the Service to permit some EB-2 immigrant visa petitioners to file untimely motions to reconsider the decisions in their cases in light of the March 20, 2000, memorandum. The notice in the Federal Register provides guidance on who may file such untimely motions and the procedures for filing. The deadline to file such motions is November 1, 2000."

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

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.

Employers and attorneys for employers can now electronically complete a form I-9 (employment eligibility verification) via LOOKOUT SERVICES INC. at Get tips and alerts to guide employers through the I-9 compliance maze. We track employment eligibility expiration dates and provide three (3) prior notices of expiration dates beginning four (4) months in advance. Notices will be provided to employer directly or to the attorney for employer. With LOOKOUT SERVICES INC., employers have peace of mind that company I-9 forms are in compliance. Use our internet based software to complete an I-9 at the time of hire or audit an existing I-9. Call today to receive a password & user i.d. or for a demonstration. Call toll free 1-888-522-6704.

Angelo Paparelli and Steve Yale-Loehr will conduct a three-part teleconference and e-mail listserv series titled On the Cutting Edge: H-1B Practice and Strategy with Angelo Paparelli and Steve Yale-Loehr. The teleconferences will take place Wednesdays August 8, September 5, and October 3, 2001, at 1:00-2:30 p.m. Eastern (New York) time. They are open to attorneys, employers, HR professionals and anyone else interested in the H-1B process and strategy. For more information or to register 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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