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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
October 25, 2001
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Editor's Comments

The House passed by a vote of 357 to 66 H.R. 3162, the "Uniting and Strengthening America Act by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001." The immigration provisions are found in Title IV. Many have been concerned that in reaction to the terrorists attacks of September 11, Congress would strengthen law enforcement agencies at the expense of people's rights. With each successive version of the bill the powers granted to the Attorney General to detain non-citizens have been less sweeping.

This version of the Patriot Act allows the Attorney General to certify an alien as a terrorist and maintain him in custody, but the decision may be challenged by a habeas petition to the Supreme Court, any justice of the Supreme Court, any circuit judge of the United States Court of Appeals for the District of Columbia Circuit, or any district court otherwise having jurisdiction to entertain it. For habeas proceedings before a circuit or district judge, the final order shall be subject to review, on appeal, by the United States Court of Appeals for the District of Columbia Circuit. It also requires the Attorney General to make semi-annual reports to the Senate and House Committees on the Judiciary on the number of aliens certified, the grounds for such certifications, the nationalities of the aliens so certified, the length of the detention for each alien so certified, and the number of certified aliens who were granted any form of relief from removal, the number removed, the number the Attorney General has determined are no longer aliens who may be so certified and the number released from detention.

For earlier versions of the bill see H.R. 2975, S. 1510, and the September 18 and September 19 drafts of the Mobilization Against Terror Act (MATA).


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Tip of the Day

Immigration Information on ILW.COM

To make it easier for our site visitors to find the immigration information they need we have grouped it under four headings - Family, Employment, Visitors and General information. Each section includes INS and Attorney FAQs, relevant articles, the visa bulletin and INS processing times. The Family section includes information on adoption, sponsoring family and marrying abroad. In the Employment section professionals can find information about H-1Bs and labor certifications and employers can find information on petitioning the INS for their employees and how to complete properly the I-9 Employment Verification form. Travelers and tourists will find information on how to extend their B-2 visas and exchange programs. The General immigration section includes information for students and topics such as deportation, naturalization and immigration policy. ILW.COM is a platform for the exchange of information. The Immigration Information section offers information for all your immigration needs.

ILW.COM Featured Article of the Day

The Impact of Terrorism on the Prospect of 245(i) Renewal and Possible Amnesty
Jose Latour examines the difference between 245(i) and an amnesty, and their chances of passage after the September 11 attacks.

Immigration News

Habeas Denied for Failure to Exhaust Administrative Remedies
The court in Kurfees v. INS, No. 00-7681 (4th Cir. Oct. 24, 2001), rejected Petitioner's habeas petition for failure to exhaust administrative remedies because she had not appealed to the Board of Immigration Appeals (BIA) the INS's denial of a motion to reopen.

No Notice of Hearing not Ground to Reopen
In Njie-Mokonya v. INS, No. 01-1292 (4th Cir. Oct. 24, 2001), the court found that the Immigration Judge and Board of Immigration Appeals (BIA) did not err in rejecting Petitioner's motion to reopen on the grounds that his due process rights were violated when he did not receive notice of an immigration hearing and his attorney's failure to advise him of the hearing constituted ineffective assistance of counsel.

IIRIRA's Stop Time Rule Applies
In Osei v. Reno, No. 97-1784 (8th Cir. Oct. 24, 2001), the court rejected the argument that IIRIRA's stop-time rule did not apply to deportation proceedings initiated with an Order to Show Cause rather than a Notice to Appear. The court has made available the Appellant's brief and Appellee's brief.

House Passes Anti-Terrorism Bill
The House passed by a vote of 357 to 66 H.R. 3162, the "Uniting and Strengthening America Act by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001." The immigration provisions are found in Title IV.

DOS Amends and Corrects Visas Classifications
The Department of State corrects an error in a final rule published June 18, 2001, and includes the dependents of the SN categories to the N8 and N9 categories.

Immigration in the Press

Borderline Competent?
According to of all the frightening lessons America has learned since September 11, one of the scariest must be how absurdly easy it was for the bad guys to get into the country and stay.

This Day in Immigration

From October 25, 2000

"ILW.COM has launched the Immigrant Life section. Immigrant Life is a spot in cyberspace for immigrants to meet, to find information, to take a quiz and to read about other immigrants. Explore the page and see what it has to offer. Whatever the country of origin and whatever the new home country, immigrants share certain things. All have some reason for becoming an immigrant. All leave behind something. All face challenges in a new country. Write and let others know your immigrant experience. Send your story to"

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 would like to share with your readers and at the same time reiterate my response regarding the attack on immigrants in South Carolina with the column Undocumented Immigrants Deserve US Amnesty that probably explains better the "Two Weights and Two Measures" we have been using regarding illegal immigration.

John Miller Jr.


For information on advertising in the classifieds please 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.

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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