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Immigration Daily

The leading
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Immigration LLC.

Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
September 13, 2001
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Editor's Comments

We thank Cyrus D. Mehta for his generosity and kindness in allowing us to use his office and equipment to produce this slightly abbreviated version of Immigration Daily. We will return to our offices in the Empire State Building as soon as security conditions permit.

Tuesday's tragic events have generated more letters to the editor than we have ever received in one day. We have published seven including an offer of a reader in India to help deliver messages to family, friends and loved ones in that part of the world.

The job of immigration practitioners is largely one of education. - educating people on the law, on the practices of the INS, how the system works. Now, unfortunately, that job of education will take on a large measure of educating people about the difference between terrorists and immigrants. Some people may need to be reminded that one has no relationship to the other. Terrorists can be American born just as immigrants can be the greatest champions of life, liberty and the pursuit of happiness.

We were relieved and happy to learn that all our friends at Career Engine survived Tuesday's incident.


ILW's San Antonio Visit Rescheduled

ILW.COM will reschedule appointment for those people who had planned to meet with a member of our team in San Antonio.

Tip of the Day

Print This Page

In response to requests from readers, ILW.COM has added a "Print this Page" feature to Immigration Daily pages. Some readers pointed out that it they used the "print" button on the browser, some words at the right hand side of the page would be lost. Clicking on the new Print this page will automatically remove all advertising banners and menu strips, and give you a plain text version of the page formatted to fit a standard sheet of paper. Print this page allows you to print the Daily, cases, Congressional Record, Federal Register, INS, DOS, DOL items and featured articles to read when you are away from your computer and to save for future reference. You can find this new feature on the top and the bottom of every Immigration Daily page. We hope this feature will make the Daily more useful to you.

Immigration News

Senate Amendments to House Appropriations for INS Spending
Amendments to H.R. 2500, the appropriations bill for the Departments of Commerce, Justice and State, were proposed and discussed in the Senate.

245(i) Not an Amnesty
Sen. Jackson-Lee told her colleagues it is wrong headed to interpret 245(i)as a general amnesty, because it is simply a way to correct a mistake by the INS.

Rep. Rohrabacher Calls 245(i) an Amnesty Program
In remarks in anticipation of the vote to extend 245(i) Rep. Rohrabacher describes it as a step-by-step amnesty program, rather than just one large amnesty.

Sen. Gramm Cosponsors BCC Extension
Sen. Gramm was added as a cosponsor to S. 1400 which amends IIRIRA to extend the deadline for aliens to present a border crossing card that contains a biometric identifier matching the appropriate biometric characteristic of the alien.

Senate Judiciary Committee Scheduled to Meet
The Senate Committee on the Judiciary was scheduled to hold hearings to examine S. 1265 which would require the Attorney General to cancel the removal and adjust the status of certain aliens who were brought to the United States as children.

Asylum applicant can have credibility despite inconsistencies
In Chen v. INS, No. 00-70478 (9th Cir. Sept. 11, 2001), the court reversed the determination of the Immigration Judge and the Board of Immigration Appeals (BIA) that an asylum applicant lacked credibility despite conflicting dates on birth certificates, inconsistencies in his asylum applications and general vagueness.

Comment Request on N-648
The INS requests comments on form N-648 medical certification issued by the licensed medical professional to substantiate a claim for an exception to the requirements. No sample of the form was published in the Federal Register.

This Day in Immigration

September 13, 2000

"1st Circuit Retains Habeas Jurisdiction The 1st circuit in Mahadeo v. Reno, No. 99-1687 (1st Cir. Sept. 11, 2000), found that IIRIRA's permanent rules do not divest the federal courts of their traditional jurisdiction to grant writs of habeas corpus. The case was remanded to the district court which had dismissed it for lack of subject matter jurisdiction."

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 am writing in my personal capacity to add to the excellent comments made in the publisher's statement in yesterday's Immigration Daily. All Americans condemn yesterday's terrorist attacks. We should find and punish those responsible. But in doing so we must adhere to our democratic ideals. As President Bush said last night, "[t]errorist acts can shake the foundation of our biggest buildings, but they cannot touch the foundation of America.

That foundation is the Bill of Rights. The principles of due process enshrined in the Bill of Rights should not be obliterated in the process of retaliation. In hunting down a few extremists, America must not go after all immigrants. Most immigrants in the United States are as patriotic as any native-born American. If we remember that, we will go a long way in showing that yesterday's terrorist attacks have ultimately failed.

Stephen Yale-Loehr
Co-author, Immigration Law and Procedure treatise
Adjunct professor, Cornell Law School

Dear Editor:

Thanks for your news and for your strong message re immigrants, Sam. Our thoughts and prayers are with you and all of our colleagues in NY and around the country who are directly impacted by these horrific events.

Jeanne A. Butterfield
Executive Director
American Immigration Lawyers Association

Dear Editor:

I liked the way handled this catastrophe today. I've already heard irresponsible rumors (one got to the press, about H-1Bs) linking immigration to this mess, so it's important for folks to talk sense. Nice job.

Paul Donnelly

Dear Editor:

Thank you for the thoughtful editorial and even trying to publish ILW.COM under such trying circumstances. I do think we will face an anti-foreigner backlash, but we will all do our best to counter that irrational trend.

Safe regards to all.

Dear Editor:

Thank you for your newsletter and efforts every day. It has proven extremely helpful to our practice in keeping us up-to-date with the events of the day in immigration. God bless you!

Kathleen Hutchins
Immigration Paralegal
Kreis, Enderle, Callander & Hudgins, P.C.

Dear Editor:

I just happened to check my email, when your abbreviated came in. I read Mr. Udani's letter, and I wanted to say immediately I agree 100%. My greatest fear for this country is that the desire for revenge will cause the leaders to sweep away all civil liberties and create witch hunts that may echo for years. If the person responsible (maybe bin Laden, maybe not--the media always want to be able to name names whether real or not) is actually caught with the goods, let there be a trial in a non-kangaroo court. If we declare war on Afghanistan or Iraq or Libya, or other countries that habitually use terrorist acts to make their point, let us remember that we are still the most powerful country in the world and not overkill. I am afraid that nuclear weapons may be the first rather than the last resort for our government. God help us all, worldwide. But first let us remember that God wants justice tempered with mercy.

Margaret Wise

Editor's Note: we have received this offer of help from one of our reader's in India.

We are already passing on the messages of well being of our friends in US to their near and dear ones in this part of the world. We shall feel very happy to pass the well being messages of every one out there to their friends and relatives here. The messages could be sent on my personal e-mail:,; Tel: +91-124-6316243; +91-9811019522; Fax: +91-11-6841647. We are also open to place messages on our site, and permitting every one to use our chat facility to communicate with their dear ones.


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

Attorney Wanted For PART TIME position (about 20hrs/week) with FLEXIBLE HOURS to work on business cases. Experience required with RIR's, H's, L's, E's, O's and I-140's. Good writing skills, organizational ability, computer literacy, legal and Internet research skills essential. Scientific or financial background a plus. Foreign language fluency desirable. Opportunity to convert to full time and include work on asylum, domestic violence, removal cases, and federal court litigation. Small office setting provides congenial, informal working environment with immediate case responsibility. Salary DOE with performance bonus. E-mail resume with applicable writing sample, salary requirement, and references to or send via regular mail to Thomas E. Moseley, One Gateway Center-Suite 2600, Newark, New Jersey 07102 or FAX to 973-645-9493. For lengthy writing samples (5 or more pages) use e-mail or regular mail only.

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

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 final teleconferences will take place Wednesday October 3, 2001, at 1:00-2:30 p.m. Eastern (New York) time. It is 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.

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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