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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
August 28, 2001
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Editor's Comments

During these dog days of summer the immigration news section may be a little light because many people, including Congress, are away from their offices. By coincidence the three items in the section today all deal with the issue of departures from the sentencing guidelines when sentencing aliens. In US v. Rodriguez-Montelongo, No. 00-52023 (5th Cir. Aug. 2001), the court held that cultural assimilation is a permissible ground for a downward departure from the sentencing guidelines when sentencing an alien. The 10 Circuit did not question whether the district court had the authority to grant such a departure from the guidelines, but determined in US v. Sanchez-Dominguez, No. 01-1127 (10th Cir. Aug. 24, 2001), that counsel's failure to request such a downward departure did not constitute ineffective assistance of counsel. In US v. Mendoza, No. 00-10276 (9th Cir. Aug. 27, 2001), the issue was whether illegal aliens should be considered a particularly vulnerable victims in a scheme to sell them fraudulent documents. The court held they are. When Congress returns next month we can look forward to lively debate in the immigration news section on changes to the law which may benefit some people who are in the US illegally instead of the details of their imprisonment.


Legal Citations for H-1B Seminar by Angelo Paparelli and Stephen Yale-Loehr

Click here for the citations for the first of the seminar series on H1Bs by Angelo Paparelli and Stephen Yale-Loehr. For more info or to sign up online, click here. To sign up by mail/fax, click here.

Tip of the Day

Processing Times

The INS processes many petitions at its Eastern Service Center in Vermont, the Northern Service Center in Nebraska, the Southern Service Center in Texas and the Western Service Center in California. There are backlogs and delays throughout the INS including the Service Centers. We thank the American Immigration Lawyer's Association which makes this information available to the public. The processing times pages are a resource attorneys can use to give their clients an idea of how long a particular application will take. Attorneys can also encourage clients to check the processing times themselves to reduce the number of phone calls asking how long a case is taking. The real measure of processing times is how long cases are actually taking. If you find a case taking more or less time than indicated on these pages, send the information to As the hub for immigration information ILW.COM is a place to share the latest and most up-to-date immigration information.

ILW.COM Featured Article of the Day

OSC Shows Vigor in Cracking Down on Unfair Employment Practices
Carl R. Baldwin writes about writes about recent enforcement actions by the Department of Justices Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC).

Immigration News

Cultural Assimilation Can be Basis for Downward Departure
The court in US v. Rodriguez-Montelongo, No. 00-52023 (5th Cir. Aug. 2001), held that cultural assimilation is a permissible ground for a downward departure from the sentencing guidelines.

Illegal Aliens Vulnerable
In US v. Mendoza, no. 00-10276 (9th Cir. Aug. 27, 2001), the court found that a sentence enhancement for vulnerable victims was appropriate for a defendant who sold false immigration documents to illegal aliens.

Failure to Request Downward Departure for Cultural Assimilation no Ineffective Assistance of Counsel
The court determined in US v. Sanchez-Dominguez, No. 01-1127 (10th Cir. Aug. 24, 2001), that counsel's failure to request a downward departure from the sentencing guidelines on the basis of cultural assimilation did not constitute ineffective assistance of counsel.

Immigration in the Press

Civil Rights and Immigrant Workers Union Leaders Push for Equal Opportunities
According to Associated Press civil rights leaders and members of unions representing immigrant workers pushed for equal opportunities for immigrants Monday, a week before President Bush and Mexican President Vicente Fox are to meet to discuss granting residency to 3 million undocumented Mexicans.

This Day in Immigration

From August 28, 2000

BIA Upholds Deferral of Removal Under CAT The Board of Immigration Appeals (BIA) in Matter of Opku, A75-794-878 (BIA August 7, 2000), upheld the Immigration Judge's grant of relief under Article 3 of the United Nations Convention Against Torture (CAT). The Respondent was ineligible for withholding of removal because he had been convicted of murder.

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

The ABA Immigration Pro Bono Development and Bar Activation Project received a generous donation from Juris Publishing, Inc. of 100 copies of Robert C. Divine's Immigration Practice (2000 Edition) to distribute to pro bono attorneys/agencies providing pro bono assistance to indigent immigrants, refugees and newcomers in their immigration matters. For details click here

Angelo Paparelli and Steve Yale-Loehr will conduct a teleconference and e-mail listserv series titled On the Cutting Edge: H-1B Practice and Strategy with Angelo Paparelli and Steve Yale-Loehr. The remaining teleconferences will take place Wednesdays 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.

American Immigration Lawyers Association 2001 Fall CLE Conference "It's a Border Thing" September 14, 2001, La Mansion del Rio Hotel, San Antonio, Texas. Register before August 24, 2001, and save $$. Receive discounted hotel rates when you make hotel reservations by August 20, 2001. Visit the Conference section of to obtain registration and hotel information. Don't Miss This Exciting Conference!

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.

American Immigration Lawyers Association, Central Florida Chapter (AILA-CFC) will be holding its 15th Annual Advanced-Level Immigration Law Seminar on October 26-27 at the Renaissance Orlando Resort, Orlando, Florida. Discounted hotel rates are available from the resort. Point of contact for information/registration is Steve Zawacki, or 407/831-6644.

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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