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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
September 20, 2001
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Editor's Comments

The American Immigration Lawyers Association has made available a copy of the Mobilization Against Terrorism Act which is to be introduced in Congress. Title II of the act, while not lengthy, would make fundamental changes to immigration law. Section 201 amends the provision which currently allows the expedited removal of non-green card holders convicted of aggravated felonies. It would allow the INS Commissioner after consulting with the FBI Director to recommend to the Attorney General that the alien be certified as one the INS believes may further or facilitate acts of terrorism or other activity that endangers the national security. The recommendation is not reviewable by any court. The expedited removal for aliens certified under this section would apply even to green card holders. If the Attorney General certifies an alien under the provision, the person must be taken into custody and held regardless of any other relief which might be available. The only judicial review of decisions to detain or remove persons certified would be by habeas petition for review of a final order of removal in the District Court for the District of Columbia. The provisions of the act explicitly apply to all aliens regardless of when they entered the US, regardless of when the activity occurred, and to all past, pending or future deportation exclusion removal or other immigration proceedings. Extremism in the defense of liberty may not be a vice, but extremism which undermines the very liberties it would purport to protect most certainly is.


Judy Golub joins Panel on Immigration Implications of 9/11 Tragedy

ILW.COM is pleased to announce that Judy Golub will join the panel for ILW's seminar on the "Immigration Implications of the September 11th Tragedy." Judy Golub is Senior Director of Advocacy and Public Affairs at the American Immigration Lawyers Association. The other members of the panel are Stephen Yale-Loehr and Denyse Sabagh. This is a pro bono, at-cost seminar.
For more info, or to sign up online, click here.
For more info, or to sign up by fax, click here.

Tip of the Day

Attorney Chat

ILW.COM hosts live chats with immigration attorneys two times a week. For immigration attorneys, participating in a chat provides many benefits. Many chat attorneys have commented that after each chat they receive numerous inquiries that often lead to paid business in actual cases. ILW.COM chat attorneys have also found that their name recognition has increased and participating in the chat leads to a great amount of public exposure. ILW.COM provides links to the attorney's web page and the web statistics show that the websites get a large number of page views both before and after the chat.

ILW.COM vigorously markets the chats through various other websites and listservs. Before a chat session ILW.COM provides the attorney with a free half hour training session at the attorney's convenience in which we show the attorney how to use the chat program and make sure they have the appropriate equipment. Each live chat session lasts for one hour.

ILW.COM later revises the chat transcripts and posts the scripts on the website. By posting the chat transcripts the one-hour that the attorney has invested in conducting the chat becomes a permanent way of making the attorney's services known to potential clients. Many site visitors go through previous chat transcripts in order to see if questions similar to theirs have already been answered. Many attorneys who have participated in ILW's chats have enjoyed the experience and have returned to chat with us again. If you are interested in participating as an attorney on a live chat, please contact us at

ILW.COM Featured Article of the Day

The ABCs of Immigration - INS Issues V Visa Regulations
Greg Siskind and Amy Ballentine write about the V visa regulations recently released by the INS.

Immigration News

Mobilization Against Terrorism Act
The proposed Mobilization Against Terrorism Act would create a new category of aliens certified to be terrorist who would be subject to administrative orders of removal reviewable only in the Court of Appeals for the District of Columbia. [Obtained courtesy of the American Immigration Lawyers Association.]

Special BIA Filing Information During Aftermath of Terrorist Attacks
The Board of Immigration Appeals (BIA) will allow those submitting a time sensitive document during the aftermath of the terrorist attack, please attach a one page letter of explanation of your extraordinary circumstances. The Board will review and consider all such submissions.

Memo on Immigration Court Closings
A memorandum from Chief Immigration Judge Michael Creppy states that the New York City Immigration Courts located at 26 Federal Plaza and Varick Street are closed and and emergency motions for stays of removal may be filed at the Immigration Court in Newark, NJ.

INS Seeks Definition of "Building and Construction Work"
The INS is soliciting comments on the issue of whether the term "building and construction work," should be defined in the B-1 visa regulations, and if so how.

DOS Seeks Definition of "Building and Construction Work"
The Department of State, Bureau of Consular Affairs (CA) is soliciting comments on the issue of whether the term "building and construction work," should be defined in the B-1 visa regulations, and if so how.

Immigration in the Press

Mood Swiftly Changes on Immigration
The Los Angeles Times reports that last week's terrorist attacks appear likely to spawn a rash of measures designed to tighten the nation's borders reversing momentum that had been building in Washington for a relaxation of US immigration laws.

This Day in Immigration

September 20, 2000

"Habeas Jurisdiction Remains in 2nd Circuit In Calcano-Martinez v. INS, No. 98-4033 (2nd Cir. Sept. 1, 2000), the court determined that IIRIRA eliminated judicial review of removal orders based on convictions of aggravated felonies and controlled substance violations so it was unable to review Petitioners' final orders of removal. The court determined that habeas review of these orders remains since IIRIRA did not deprive federal district courts of jurisdiction over purely legal claims."

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:

Thanks for Angelo Paparelli's article on the Sept. 11th events and their consequences.

I checked out the website for the border waiting times, though, and nearly choked on my coffee.

For the Detroit-Windsor crossings, the 6 am and 8 am updates, inbound to US, traveller flow, said "no delay."

Local Detroit traffic radio is reporting 2-3 hours, and one of our secretaries, with a commuter green card, left her home in Windsor at 6:30 and arrived at work (a 5 minute walk from the tunnel) at 8:00 by taking the Tunnel Bus, which is given priority due to the large number of nurses on board. She also reported 2-2.5 hours by car.

I would caution your clients about relying on the data from the Canadian web site.

Christopher L. Wendt
Butzel Long, P.C.
Detroit, MI 48226

Dear Editor:

The recent tragedy presents an important opportunity for immigrants. One of the many people who spoke on CNN and CNBC mentioned that this country needs people who contribute, not just arrive in order to benefit from the country. I agree, and I too am an immigrant (British).

As CEO of an immigration web site, I have reviewed a number of letters from different perspectives since the tragedy. I have pondered points made and feel compelled to write this letter. For various reasons, many people do not like immigrants or immigration.

This horrible event has unified America in a manner I have not witnessed before.... [Read the whole letter here].

Steven Riznyk, Esq.


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

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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Editorial Advisory Board
Marc Ellis, Gary Endelman

Copyright 2001 American Immigration LLC, ILW.COM