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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
October 23, 2001
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Editor's Comments

In Matter of G-Y-R- 23 I & N Dec. 181 (BIA 2001) the respondent entered the US without inspection on March 21, 1982, and 2 months later filed an asylum application. On June 22, 1991, respondent submitted an Alien Address Report Card updating her address with the INS. In 1997 the INS mailed a notice of an appointment for an asylum interview. Respondent did not appear. Five days after the scheduled appointment the INS sent by certified mail a Notice to Appear for a removal hearing. The notice was returned by the Postal Service. At the hearing the Immigration Judge offered to administratively close the proceedings to allow the Service time to serve the respondent again, but the Service chose to proceed on the record. Noting the long delay by the Service in acting on the asylum application, the Immigration Judge was not satisfied that the respondent was aware of the proceedings and terminated them without prejudice. The Service appealed contending that the Immigration Judge should have issued and in absentia removal order.

The Board of Immigration Appeals (BIA) held that when an alien fails to appear at removal proceedings for which notice of the hearing was served by mail, an in absentia order may only be entered where the alien has received or can be charged with receiving a Notice to Appear informing the alien of the statutory address obligations associated with removal proceedings and of the consequences of failing to provide a current address. The BIA also determined that entry of an in absentia order of removal is inappropriate where the record reflects that the alien did not receive or could not be charged with receiving, the Notice of Appear that was served by certified mail at an address obtained from the documents filed with the INS several years earlier. The BIA made no comment about the asylum case having been pending for more than 19 years.

The text of H.R. 3130, the Technology Talent Act of 2001, is now available.


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Tip of the Day

Discussion Board

ILW.COM provides a platform for the exchange of information among many groups - attorneys, employers, policy makers, advocates and immigrants. ILW.COM's discussion board allows you to broadcast your message to the masses. Before the growth of the world wide web discussion boards were one of the major uses of the internet because they build a sense of community. For attorneys the discussion board is a way for you to get your name before the public and demonstrate your knowledge. For employers it allows you to make your needs and concerns known. For policy makers and advocates it is a forum where you can be heard. For immigrants it is a place where you can find others who understand the fears that accompany such a fundamental decision as where to live your life and the frustrations of dealing with the government to make your dream come true. Share your knowledge, share your views, share your story on the discussion board.

ILW.COM Featured Article of the Day

Noncitizens Must Have Documents Verifying Their Status At All Times
Cyrus D. Mehta and Parastou Hassouri write about the requirement that "every alien, eighteen years of age and over, shall at all times carry with him and have in his possession any certificate of alien registration or alien registration receipt card...."

Immigration News

BIA Fails to Give Regulation Plain Meaning
In Lal v.INS, No. 98-71087 (9th Cir. Oct. 22, 2001), the court found that the Board of Immigration Appeals (BIA) erred when it denied asylum and withholding to an Indo-Fijian who had suffered past persecution because it interpreted the asylum regulations in a manner inconsistent with their plain language, strayed impermissibly from its own case law, that the BIA's determination of changed country conditions was not supported by substantial evidence, and, under Ninth Circuit law construing the humanitarian exception, Petitioner qualified for asylum. The court has amended its July 3, 2001, opinion.

INS Challenge to Habeas Petition Rejected
In Fejzoski v. Ashcroft, No. 99 C 3392 (N.D. Ill. Oct. 12, 2001), the court found no merit in INS's challenge to a grant of habeas for an alien who had pleaded guilty to a crime before IIRIRA because he expected he would be eligible for relief from deportation.

Notice of Hearing Required for in Absentia Removal Order
The Board of Immigration Appeals (BIA) held in Matter of G-Y-R 23 I & N Dec. 181 (BIA 2001) that when an alien fails to appear at removal proceedings for which notice of the hearing was served by mail, an in absentia order may only be entered where the alien has received or can be charged with receiving a Notice to Appear informing the alien of the statutory address obligations associated with removal proceedings and of the consequences of failing to provide a current address.

Out of Wedlock Children from El Salvador Legitimated
In Matter of Moraga 23 I & N 195 (BIA 2001) the Board of Immigration Appeals (BIA) determined that a child born out of wedlock in El Salvador on or after December 16, 1965, is placed in the same legal position as one born in wedlock once the child's paternity is established and therefore qualifies as a "legitimated" child.

Deferred Enforced Departure for Liberians
A memorandum from William Yates, Deputy Executive Associate Commissioner, Immigration Services Division, Office of Field Operation, give instructions about deferred enforced departure (DED) for Liberians and applications for work authorization. A supplement provides the procedure to be followed for Liberians encountered other than in an INS District Office or Suboffice.

Connecticut Passport Agency
The Department of State's Connecticut Passport Agency celebrated its grand opening and dedicated its new passport issuance system on Friday, October 19, 2001, at 10:00 a.m. in the SoNo Corporate Center, 50 Washington Street, Norwalk, Connecticut.

Immigration in the Press

"Arab Terrorists" Crossing Border: Middle Eastern Illegals Find Easy Entrance into US from Mexico
According to WorldNet Daily a Border Patrol spokesperson stated that the number of other-than-Mexican detentions has grown by 42 percent.

This Day in Immigration

From October 23, 2000

"The Women's Commission for Refugee Women and Children has released a report titled, "Behind Locked Doors: Abuse of Refugee Women at the Krome Detention Center." The Women's Commission visited Krome in March 2000 and again in September 2000. According to the report, "[w]omen consistently describe an atmosphere of fear and intimidation in the facility. Sexual abuses ranging from rape to sexual molestation and harassment have been occurring repeatedly at the hands of at least 15 male INS officers. Women who cooperated in sexual activities were made false promises of release from detention. Threats of deportation, transfer to county jails, or even death were leveled at women who dared to resist or complain of such abuses. Physical and emotional abuses have included demanding that Muslim women remove their veils or go without eating and yelling at women of particular nationalities." The Commission calls for the INS to regain control of its detention program, develop and consistently apply generous parole policies for asylum seekers, develop alternatives to detention for those asylum seekers who cannot be released, ensure oversight of conditions of detention and the highest level of professionalism among detention center personnel and aggressively pursue prosecution of or disciplinary action against every officer involved in sexual abuses against women detained in the Krome facility and immediately take every step necessary to ensure that such abuses are never repeated in Krome or any other detention center. We agree with the authors that, "[n]othing less is acceptable from a country that prides itself for its strong refugee tradition and generous immigration policies."

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 letter refers to an article on].

Dear Editor:

I wholeheartedly support the approach taken by Ms. Alden in her article on restricting visas from Middle Eastern countries. Your publication should air the "other" point of view which millions of Americans like me feel. You only air the views of the immigration lawyer lobby who only wants to make money allowing anyone to get into this country no matter what. They always cry "bigotry" and "America is a land of immigrants," when measures like Ms. Alden are proposed. Please! This is getting old and after September 11 more and more of us Americans want immigration to be restricted when there are good reasons to do so.

Liem Doan

[Editor's Note: the following letter refers to a letter from MA which appeared in the October 19 issue of Immigration Daily].

Dear Editor:

In response to Mr. MA letter condemning Mr. Minhas reply to Mrs. Schwartz I have to say the following:

  • Timothy MacVeigh was not an illegal immigrant and did what he did.
  • There are many people being arrested now a days that are born here in the US and are being caught making treats to our institutions, as a man from Norwalk, CT did.
  • I would recommend Mr. MA to read the article that generated this debate and understand what is being said.
  • Does anybody have an official invitation from the native Americans that justifies the presence of the conquistadores here to start off? If not, everybody here, with the exception of the native Americans themselves and the descendants of African slaves brought here by force, was not invited and should not be here pure and simple.
  • I wish I could send the estimated 10 million illegal immigrants back to their native country, at least for 24 hours, to verify that our nation would not be able to convince people from abroad, that did not have the courage or did not want to come here without financial support from the US government, to come and clean our toilets for minimum wage.
  • They would not come here on their own to supply Mr. MA, many others and myself with our basic needs. They would not sell all their belongings at their native country to pay for their trip to US.
  • He needs to think out of the box and understand the difference between illegal immigration with the purpose of attacking our freedom, and the immigrants that come to supply our needs without any support from the US and sometimes risking their own lives.
  • I love the low price that I pay for all my basic needs that are coming from California, Florida and many other agricultural and industrial states in the US.
  • I love to go to work and find my company clean.
  • As a tall, blond and blue eyed man that I am, its hard for me even to imagine to have myself or my children cleaning toilets, mopping floors, etc, etc.
  • I need the immigrants and if I had to get them here that would cost me much more than it cost me today.
  • Those that come here for backbreaking jobs for $6.50 per hour are welcome.
  • As we heard before, if we have people here in the US willing to work on any kind of job that most of US born do not want, and people willing to hire them, we need to allow them to work together.
  • Those that came to attack our freedom had a lot of money to spend and did not need to clean our toilets and supply our basic needs.
  • Profiling is wrong anywhere on the face of the planet and it will hurt our freedom and the support we get from their "tired hands." They come here in search of a better future for themselves and their US born children.
  • Creating hardships for children born in America just because their parents overstay their visas, or crossed the border, and sending them back to their parents native country, because they are here working hard, paying their taxes, and living here as any US citizen, is not right.
  • I do not want to hear in the next 20 years that there are hundreds of thousands of American citizens coming back to the US at the age of 18 or older with bitterness in their hearts because when they where kids they were deported with their parents for overstaying their visas.
  • Those that are already here working hard should not be harassed when they are serving us in exchange for lower wages.
  • I wrote a research paper on most of the arguments that you may be able to present and the result is very simple: it's all a matter of supply and demand.
John Miller Jr


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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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