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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
October 19, 2001
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Editor's Comments

ILW.COM will soon be launching a free newsletter devoted to Canadian immigration law. As Canadian immigration attorney Catherine Kerr wrote in her recent article, Canada's immigration law is about to undergo major changes. Immigrants may want to consider immigration to Canada as an alternative to immigration to the US. Employers and attorneys need to stay informed of the changes in the law. All will need information. If you have suggestions about what we should include in the newsletter, send them to To add your name to the list of subscribers and ensure that you receive the newsletter starting with the first issue, enter your e-mail address and hit "go."


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Tip of the Day

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The "share this page with a friend" selection is available on the bottom of every page on our website. It is also found on the bottom left-hand corner of the blue menu strip. To use the "share this page with a friend" option simply

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ILW.COM Featured Article of the Day

Attack on America - Immigration Update
Greg Siskind and Amy Ballentine write about the ongoing effects on immigration of the September 11 attacks.

Immigration News

Substantial Evidence Supports Denial of Asylum
In Mironova v.INS, No. 00-3221 (8th Cir. Oct. 16, 2001), the court found that there was substantial evidence to support the denial of a claim for asylum based on religious persecution in the Ukraine. The court has made available the Appellant's brief and Appellee's brief.

Suspended Sentence an Aggravated Felony
The court in US v. Echevarria-Escobar, No. 00-10570 (9th Cir. Oct. 18, 2001), held that a conviction which meets the definition of aggravated felony is an aggravated felony even if the sentence is suspended.

BIA Erred in Applying IIRIRA Stop-Time Rule
In Otarola v. INS, No. 99-71405 (9th Cir. Oct. 18, 2001), the court held that the Board of Immigration Appeals (BIA) erred when it applied IIRIRA's "stop-time" rule to Petitioner's suspension case which had been heard by an Immigration Judge more than five months before the effective date of IIRIRA.

Alien's Departure Leaves BIA without Jurisdiction
The Board of Immigration Appeals (BIA) in In re Crammond,23 I & N Dec. 179 (BIA 2001) vacated its decision in In re Crammond, 23 I & N Dec. 9 (BIA 2001) because the alien had departed the US prior to a ruling on the motion leaving the BIA without jurisdiction.

EOIR Takes Disciplinary Action
The Executive Office for Immigration Review (EOIR) has taken disciplinary action against seven attorneys after charging them with violations of the Rules of Professional Conduct for Immigration Practitioners.

Effective Immigration Controls to Deter Terrorism
On October 17, 2001, the Senate Subcommittee on Immigration held a hearing on "Effective Immigration Controls to Deter Terrorism" with testimony from Mary Ryan, Lino Gutierrez, James Ziglar, Jeanne Butterfield, Demetrios Papademetriou, Richard Norton, Sen. Leahy and Sen. Hatch.

Technology's Role in Preventing the Entry of Terrorists
On October 12, 2001, the Senate Subcommittee on Technology, Terrorism, and Government Information held an hearing on "Technology's Role in Preventing the Entry of Terrorists into the United States" with testimony from Glenn A. Fine, James W. Ziglar, Ambassador Mary Ryan, Steven Camarota, Tony Doonan and Greg Spadorcio, Paul Collier and Sen. Leahy.

Tech Talent Act
Rep. Larson, along with House Science Committee Chairman Boehlert, and Reps. Hart, Udall and Honda, introduced the Tech Talent Act, H.R. 3130, aimed at increasing the number of scientists, engineers, and technologists who are citizens and permanent residents, and lessening the need for H-1Bs.

FREEDOM Support Act Program
The Office of Academic Exchange Programs of the Bureau of Educational and Cultural Affairs announces an open competition for the J-1 FREEDOM Support Act Undergraduate Program.

American Studies Programs
The Study of the US Branch, Office of Academic Exchange Programs, Bureau of Educational and Cultural Affairs, announces an open competition for five (5) assistance awards to develop and implement J-1 post-graduate level American Studies programs designed for multinational groups of 18 to 30 experienced foreign university faculty and educators.

US Based Training Programs for Overseas Educational Advisors
The Educational Information and Resources Branch of the Office of Global Educational Programs of the Bureau of Educational and Cultural Affairs announces an open competition for the J-1 US Based Training Program for Overseas Educational Advisers and logistical support for the annual meeting of the Department's Regional Educational Advising Coordinators (REACs).

Comment Request from DOS
The Department of State requests comments on the evaluation of DOS-sponsored educational and cultural exchange programs.

Immigration in the Press

Tech Visa Workers Feel Heat from Attacks, Layoffs
USA Today reports that it is a tense time for Asian and Middle Eastern workers in the US on H-1B visas.

This Day in Immigration

From October 19, 2000

"Operation Forerunner Successful, 38 Smugglers Arrested by INS INS Commissioner Doris Meissner announced that the largest multinational anti-smuggling operation ever conducted in the Western Hemisphere has resulted in the arrest of 38 alien smugglers and approximately 3,500 migrants destined to the United States were interdicted during Operation Forerunner which covered six nations in Latin America."

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

[Editor's Note: the following is in response to a letter which appeared in the October 18 issue of Immigration Daily].

Dear Editor:

September 11 is a good example of "one bad apple spoiling it for the whole barrel." Does Mr. Minhas really expect that Americans will ignore the very real role that illegal immigrants played in the tragedy of Sept. 11? We now know that most of the hijackers had overstayed or otherwise violated their visas, meaning they were here illegally. We also know that a half dozen could not be tracked and may well have entered illegally. Mr. Minhas would have us place the interests of individual immigrants, even illegal ones, over the safety and welfare of the entire US population. To pretend that reforms, including stricter enforcement of immigration laws, are not needed only damages further the situation for legal immigrants.



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The American Immigration Lawyers Association Litigation Conference on October 19, 2001 and Asylum Conference on October 20 will take place at the Wyndham Ambassador West Hotel, 1300 North State Parkway, Chicago, Illinois. The deadline for early registration and to secure a hotel room at the AILA Room Rate is October 3, 2001. Both these Conferences will provide information that you can immediately integrate into your practice. Complete Program Information and a Registration form is available at

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.

MidSouth Chapter's Fall CLE Conference at the Hyatt Regency in Louisville Nov. 2 & 3. The title is "Where the Newest Rubber Meets the Road," because the conference will have its traditional professionally intimate setting conducive to lively questioning of the speakers (and erudite comments from the attendees) so that participants come away with the answers to their questions and with practical solutions to the newest situations posed by new laws, regulations and procedures. For agenda, registration form and details, click here.

Presented by the Practicing Law Institute, November 27, 2001, 6:00 p.m. - 8:15 p.m. PLI New York Training Center, 21st Floor 810 Seventh Avenue (between 52nd and 53rd Streets) New York City. 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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Editorial Advisory Board
Marc Ellis, Gary Endelman

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