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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
November 1, 2001
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The number of subscribers to Immigration Daily coninues to grow as we add new readers. What we bring you with the Daily is original source material related to immigration law. We provide a brief digest of each item to help save you time. This allows you to click on only those items that are of interest to you. We welcome new readers invite suggestions on how to improve the Daily at

A Washington source has informed us that the Senate version of the Airline Security Bill contains language that would establish years of citizenship requirements to work in airline security. It would prohibit those that have been citizens for 5 years or less from working those jobs.


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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

INS Issues Regulations Governing New "V" Visa Category
Carl Shusterman writes about the new V visa.

Immigration News

No Jurisdiction to Hear Appeal from Criminal Alien
In Balogun v. Ashcroft, No. 00-60698 (5th Cir. Oct. 31, 2001) the court determined it lacked jurisdiction to review the denial of Petitioner's withholding petition under the Convention Against Torture because the Petitioner was removable for having committed a crime of moral turpitude and had been convicted of 2 or more offenses for which the aggregate sentences to confinement were 5 years or more.

Lack of Relief Does not Violate Equal Protection Clause
The court in Finau v. INS, No. 00-70238 (9th Cir. Oct. 31, 2001), found that a statute which provides discretionary relief for aliens seeking admission or adjustment but not to removable aliens does not violate the Equal Protection Clause.

Temporary Border Patrol Checkpoints Permissible
In US v. Johnson, No. 01 CR 259 (N.D.N.Y. 2001), the court rejected the argument that evidence obtained as a result of a traffic stop at a temporary checkpoint set up by the Border Patrol should be suppressed on the grounds that the checkpoint was not the functional equivalent of a border search and was not otherwise based on reasonable suspicion.

INS Detainee Ordered Removed or Released
The court in Zhou v. Farquharson, No. 01-11391 (D. Mass. Oct. 26, 2001), granted the habeas petition ordering Petitioner released in 60 days if he has not been removed from the US.

Automatic Stay of Release Orders
This interim rule authorizes the INS, in its discretion, to invoke an automatic stay of an Immigration Judge's order to release an alien pending an appeal to the Board of Immigration Appeals (BIA) in cases in which the Service had previously denied release of an alien during the pendency of the removal proceedings or has set a bond of $10,000 or more.

Review of Visa Waiver Countries
The Department of State is reviewing the participation of Argentina, Belgium, Italy, Portugal, Slovenia and Uruguay in the Visa Waiver Program.

Visa of AUC Members Revoked
The US is revoking the non-immigrant visas of four Colombian citizens who have collaborated with, or supported financially, the United Self-Defense Forces of Colombia (AUC).

US Refugee Admissions Process
The Department of State press spokesman describes the process for authorizing refugee admissions.

Immigration in the Press

Clock Ticks on Terrorism-Related Detentions
According to on November 2 the Justice Department may be forced to charge, deport or release many of the 952 people detained as part of the investigation into the terrorist attacks becuase of a conflict between recently implemented regulations and the USA Patriot Act.

This Day in Immigration

From November 1, 2000

"Visa Waiver Program Becomes Permanent President Clinton has signed the "Visa Waiver Permanent Program Act" which makes permanent the pilot program that for the past twelve years has permitted nationals of many countries to enter the US for business and tourism without the necessity of first obtaining a visa. The bill also extends the EB-5 pilot program for another three years, and clarifies when an amended H-1B petition needs to be filed in a corporate restructuring situation."

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:


For information on advertising in the classifieds please click here.

Be Part of a Winning Team! Bratter - Krieger, LLP, a S. Florida immigration law firm is expanding into new cities. We now have immediate needs for an experienced bi-lingual attorney in our New York office and a paralegal with immigration experience for our Miami office . All our team members receive an aggressive compensation package and benefits. Reply in confidence to Matthew Krieger -, fax resume to 305-695-4398 or call us at 1-800-946-0301.

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.

There will be a New Jersey Institute for Continuing Legal Education (ICLE) seminar on Wednesday, December 5, 2001 from 9:00 AM to 5:00 PM at the Brunswick Hilton in East Brunswick, New Jersey. The seminar titled, Corporate Immigration Law: For Attorneys, In-House Counsel, & Human Resources Personnel: H-1B Requirements, will feature updates on the latest H-1 legislation regulations and will discuss recent developments in the field. 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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