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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
July 30, 2001
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Editor's Comments

In Medina v. US, No. 00-2156 (4th Cir. July 27, 2001), a Venezuelan diplomat, Medina, was accused by his former fiancee of various crimes and was indicted in Virginia for attempted rape, sexual battery, burglary, petit larceny and simple assault and battery. Despite his objections, the Venezuelan government refused to waive his diplomatic immunity. In order to defend himself against the charges, Medina renounced his diplomatic status and surrendered himself to the jurisdiction of the Circuit Court for the City of Alexandria. He was acquitted of all charges except the the misdemeanor of simple assault and battery. Because of the unusual circumstances surrounding the case, the Washington Post published an article about the verdict. The article stated that "[t]he misdemeanor conviction is unlikely to affect Medina's immigration status." A zealous INS agent was unconvinced by the Post's legal conclusions, and made an inquiry into whether the conviction was a crime involving moral turpitude rendering Medina deportable. He concluded it was, and requested an arrest warrant which was granted. The warrant was executed at Medina's home, but he was soon released on bond. Medina then filed a motion to terminate the proceedings and the INS file a nonopposition. The proceedings were terminated. Medina then turned around and filed an administrative claim against and then a complaint under the Federal Tort Claim Act alleging assault and batter, false arrest, malicious prosecution and infliction of emotional distress. Who would expect that an immigration law case would be more titillating than summertime beach reading?

The Bush Administration's proposal of a legaliztion program for Mexicans has touched a nerve. Three letters to the editor today essentiallly ask "why just Mexicans?" President Bush is hearing the message. In his recent remarks on immigration, while protesting the use of the word "amnesty" to describe his legalization initiative, said the Administration is willing to consider "all folks."


Improve Your Firm's Competitive Positioning in Today's H-1B Market

Today, H-1B business is more competitive than ever. You can differentiate your firm's services by developing expertise in the many recent changes in H-1B rules and policies. Join knowledgeable practitioners Angelo Paparelli and Stephen Yale-Loehr for their in-depth, 3-part seminar series. Each part features one hour of analysis, strategy and practice tips followed by half an hour of Q & A. A unique feature of ILW.COM's seminars is their interactivity. You can pose your specific questions to the speakers by ILW.COM's e-mail list-serv. They will respond to selected questions by e-mail. All the latest developments - new statutes, new rules, new policy interpretations - will be covered in each seminar of the series. You can sharpen your skill and competitive edge from the comfort and convenience of your own office. Two, three, or even more people can all share the same speaker-phone, and e-mail list-serv account, for the price of one. The seminar series begins soon. Act now! To sign up on line, click here. To register by FAX or mail, click here.

Tip of the Day

Classifieds on ILW.COM

ILW.COM as the hub for the exchange of immigration information provides a unique forum for immigration jobs. With almost 6,000 people who are interested in immigration law subscribing to the e-mail version of Immigration Daily, ILW.COM are in a unique position to help employers and employees meet. Unlike print media which requires days or weeks to prepare and distribute, we can get your message out with Internet speed. We will also carry for no charge announcements of immigration related events. ILW.COM does not have the facility to relay messages or provide blind boxes, but there are many sites, such as Hotmail and Yahoo, which allow you to establish an e-mail account and retain your anonymity.

In the Classifieds section we carry ads from employers looking to fill immigration related positions. We will also carry notices from employees seeking immigration related jobs. We have had a request from an employer searching for a lawyer for some specialized immigration advice. We also carry, for no charge, notices of immigration related events such as the seminar announcement in today's issue. If you want to place an ad, want information about placing an ad, want to make a suggestion about what we should carry or simply have a question about whether or not we will carry an item please contact us at

ILW.COM Featured Article of the Day

"A Moveable Feast": New and Old Portability under AC21 105 (Part V)
Angelo A. Paparelli and Janet J. Lee in the fifth of their articles on H-1Bs discuss Labor Condition Applications and I-129 Petitions.

Immigration News

Senate Judiciary Committee Approves 245(i) Extension
According to a press release from Sen. Hagel's office, the Senate Judiciary Committee passed legislation to extend the deadline to apply for lawful permanent residency under section 245(i) with a provision that those applying under 245(i) for permanent residency must establish a family or work relationship by the date the bill is enacted.

Judiciary Committee Reports to Senate
The Senate Committee on the Judiciary reported favorably to the Senate on S. 778, a bill to expand the class of beneficiaries who may apply for adjustment of status under section 245(i) by extending the deadline for classification petition and labor certification filings, with amendment, and the nomination of James Ziglar to be INS Commissioner

Bill to Extend Immigration Requirements to the Northern Mariana Islands
Rep. Miller introduced and spoke in favor of a bill to provide certain requirements for labeling textile fiber products and for duty-free and quota-free treatment of products of, and to implement minimum wage and immigration requirements in, the Northern Mariana Islands.

Immigration Policy: Rural and Urban Health Care Needs
On May 22, 2001, witnesses presenting testimony on "Immigration Policy: Rural and Urban Health Care Needs" to the Senate Subcommittee on Immigration included Susan Page, Carl Shusterman, Ruth E. Levine, Diane Sosne, and Doug Wear, Ph.D..

DWI Not an Aggravated Felony
The court in Dalton v. Ashcroft, No. 00-4123 (2nd Cir. July 20, 2001), the court held that New York conviction for driving while intoxicated was not a crime of violence and so not an aggravated felony for immigration purposes.

IIRIRA Definition of Aggravated Felony Retroactive
In US v. Luna-Reynoso, No. 00-1650 (2nd Cir. July 20, 2001), the court rejected the argument that Defendant's burglary offense was not an aggravated felony for sentencing purposes because it was not an aggravated felony at the time of the burglary conviction.

INS Charges Venezuelan Diplomat with Crime Involving Moral Turpitude
In Medina v. US, No. 00-2156 (4th Cir. July 27, 2001), the court held that a decision by the INS to institute deportation proceedings for having committed a crime involving moral turpitude against a Venezuelan diplomat who had been convicted of "misdemeanor assault" of his "former fiancee" was a discretionary decision of the type Congress intended to immunize under the Federal Tort Claims Act.

Reconsidered Sentence Less Than One Year
The court in US v. Landeros-Arreola, No. 00-50512 (5th Cir. July 27, 2001), held that a "reconsideration of sentence" after completion of Colorado's Regimented Inmate Training Program reducing his sentence from four years to eight months meant that he had not been convicted of an aggravated felony because the term of imprisonment was less than one year.

Ma Opinion Reissued
In light of the Supreme Court's decision in Zadvydas v. Davis, Nos. 99-7791 and 00-38 (June 28, 2001), the Ninth Circuit has clarified that its opinion in Ma v. Ashcroft, No. 99-36976 (9th Cir. July 27, 2001), thats the conclusion that there was no likelihood of Ma's removal in the foreseeable future was based no only on the fact that there was no "extant of pending" repatriation agreement, but also on the fact fact that there was an insufficient showing that future negotiations were likely to lead to a repatriation agreement within the reasonably foreseeable future.

President Opposes Amnesty
In remarks at the White House President Bush said he opposed a blanket amnesty, but wants to make it easier for employers to hire people who want to work.

INS Comment Requests on Forms
The INS has published comment requests for the I-20AB/ID, Certificate of Eligibility for Nonimmigrant Student (F-1) Status--For Academic and Language Students, I-243, Application for Removal, I-356, Request for Cancellation of Public Charge Bond, I-526, Immigrant Petition by Alien Entrepreneur, and I-538, Certification by Designated School Official. Samples of the forms were not published.

Immigration in the Press

Bush Says Plan for Immigrants Could Expand
According to the New York Times [registration required] President Bush raised the possibility that millions of immigrants from countries other than Mexico who are in the US illegally might be able to earn permanent legal status over time.

ILW.COM Chats and Discussions of the Day

Chat with Stephan Berman
Stephan Berman will answers questions on all aspects of immigration law on Monday, July 30, 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 28, 2000

"INS Questions Documentation For Designation under Pilot Program The INS Business and Trade Services Branch, Office of Adjudications found a number of deficiencies in a proposal for designation as a regional center under the Immigrant Investor Pilot Program including failure to clarify the geographic location, focusing on the domestic market rather than exports, and failure to comport with accepted methodologies for economic forecasting."

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:

Letters to the Editor

Dear Editor:

I just read the "Editor's Comments" in the daily newsletter dated 07/27/2001 and I just want to say that [the proposal to legalize Mexicans] is unfair and outrageous.

When I decided to come to this country in 1991, I had to go for two years to the American Language Center to prepare for TOEFL to have a score good enough to be accepted in a university. I finally was issued an F-1 visa in 1993.

Since then it was just hard work and perseverance until I graduated from college with a Computer Science Degree. During five years, I had to keep a full time load at school and I was allowed to work only 20 hours a week on campus at minimum wage. Since I wasn't a resident, I couldn't get loans, grants, scholarships or help of any kind. All I got was a monthly reminder from international affairs that I risk deportation if I go out of status for whatever reason.

During breaks and summer when I wasn't taking any classes, I worked more than 80 hours a week to save money for the next school year.

You think it might have gotten easier after I graduated, not at all. I was financially in debt (and still am) because I had to charge all the money I didn't have for school to credit cards. I had to find a job in very volatile economy and convince employers that I was the best candidate for the job if only they accept to sponsor me to get an H-1B visa.

I worked 2 Jobs before the one I have now because both those companies went under. And I barely found my current employer on time because a week after I did, the company I worked for went bankrupt.

Oh, by the way, I forgot a "small" detail; I have a wife and two kids.

Now, you tell me that some guy who is illegal, with no education, who doesn't speak English, who doesn't pay taxes gets a green card which I still don't have despite all my qualifications and all the hard work just because he is from Mexico. I don't think so. Either give it to people that deserve it or to everybody without any racial preferences.

Best regards,

Mohamed Sami
Native of the country of Morocco

Dear Editor

What about the millions of us who've done everything the right & honest way, an have approved petitions for our married children to come to the US? We'll be dead & buried before are children are allowed to legally come to the US. Some of us have waited now almost 10 years & are in our 60s. By the time our married children are allowed to come & we can see them we'll be too old or dead & buried before legally we can have any family unification. Why reward ALL those who came here ILLEGALLY? Cause our great & wonderful President considers them related cousins.


Dear Editor

I am very quite upset to hear that they are only thinking of amnesty for Mexicans. I've been in this country 5 years married to a US citizen who passed away after he filed for permanent residency on my behalf. Immigration told me after he died the case died along with him, however they have extended my work authorization 3 times and I've been working and paying taxes for 31/2 years and also bought a home. Now they told me no more extension for my work permit. What has society left me to do? Lose my home, my car, my job? And how do I support my child? I think amnesty should be not only for Mexicans but for the thousands of people here working and paying taxes and who have built a foundation here in USA.



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

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.

The ABA Immigration Pro Bono and Bar Activation Project in cooperation with the Immigration and Nationality Committee of the Section of International Law and Practice, the Section of Individual Rights and Responsibilities, the Commission on Mental and Physical Disability Law and the Coordinating Committee on Immigration Law invite you to attend the following free CLE program "Immigration Detention: Perversities and Prospects" on Saturday, August 4, 2001, 9:30-11:30 a.m. Columbus Hall C/D, Ballroom Level East Tower Hyatt Regency, 151 East Wacker Drive, Chicago. For details click here.

In Chicago from August 4th to August 6th to address the legal service and advocacy needs of 5,000 children detained annually by the Immigration and Naturalization Service at over 90 sites nationwide, the majority of which are juvenile jails. For details click here.

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.

Saturday, October 13, 2001, 9:00 a.m. to 1:00 p.m. at Ramada Inn, Fairfield, 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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