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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
July 11, 2001
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Editor's Comments

Through Immigration Daily ILW.COM brings you a wealth of primary source material including cases, Congressional Record and Federal Register items as well as documents from INS, EOIR, DOS and DOL. The Eighth Circuit is now making available over the internet briefs filed in the cases they hear. The Appellee's Brief, Appellant's Brief and Reply Brief in US v. Sera, No. 00-3415 (8th Cir. July 10, 2001), have been posted and we are glad to bring you this material. We hope other courts will follow the Eighth Circuit's precedent. Some site visitors have suggested we have some type of on-line brief bank. Please send your comments on whether or not you would like to see such a feature to

Tip of the Day

Immigration Daily Searchable Archive of Past Issues

Immigration Daily maintains a searchable archive of past issues. Did you miss an issue of the Daily? Have you tried to go back and locate a case or notice from the federal register only to find you had deleted the e-mail? Are you a recent subscriber who wants to know what you missed in the earlier issues? All past issues of Immigration Daily are archived by date. You can also use the search function to search the digest portion, the original source documents or both. Coming soon will be improved search capabilities to help you refine your search further. Old issues of the Daily do not die, they just get archived. And unlike many on-line publications we do not require subscription or registration for access to the archive. Just like the e-mail subscription the archive is available to anyone who is interested-for free!

ILW.COM Featured Article of the Day

Seventh Circuit Finds No Right to Effective Assistance of Counsel in Removal Proceedings but Admonishes Errant Attorney
Carl R. Baldwin writes about the recent decision in Angela Stroe and Marin Stroe v. Immigration and Naturalization Service, No. 00-2934, where the court held that there was no constitutional or statutory right to the effective assistance of counsel in removal proceedings, but expressed dismay at the failure of a lawyer to comply with a Board of Immigration Appeals deadline and will forward its decision to the appropriate Disciplinary Commission.

Immigration News

President Speaks at Ellis Island
In remarks at a naturalization ceremony at Ellis Island President Bush said we should spare families the hardship of separation while one member is awaiting a green card and urged Congress to act swiftly on 245(i) reform.

Counsel Not Ineffective
In US v. Sera, No. 00-3415 (8th Cir. July 10, 2001), the court found that Plaintiff's counsel was not ineffective for not moving for a downward departure on the basis of willingness to waive resistance to deportation and Plaintiff's status as a deportable alien. The court decided the matter based on the Appellee's Brief, Appellant's Brief and Reply Brief.

Failure to Allege Alienage Does Not Affect Rights
The court in US v. Nguyen, No. 98-9234 (11th Cir. July 6, 2001), rejected a challenge to Defendants' orders of deportation finding that the government's failure to allege alienage had not affected their substantial rights.

Immigration in the Press

Bush Calls for Relaxed Immigration Rules reports that on his first trip to New York since assuming office, President Bush on Tuesday called for relaxed US immigration rules at an appropriately historic location.

ILW.COM Chats and Discussions of the Day

Chat with Robert Hollander
Robert Hollander will answers questions on all aspects of immigration law on Wednesday, July 11, 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 11, 2000

"No Duty to Advise of Potential Constitutional Challenges In US v. Garza-Sanchez, No. 99-50596, (9th Cir. July 7, 2000), the 9th Circuit found that an immigration judge does not have a duty to inform an alien in deportation proceedings of all potential Constitutional challenges to the immigration law."

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

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.

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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