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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
November 28, 2001
Previous Issues

Editor's Comments

There are still many questions surrounding the investigation into the September 11 attacks. There are conflicting reports about the immigration status of the 19 hijackers. There is scanty and conflicting evidence about those being detained as part of the investigation. In a letter to the editor, Michael Boyle brings to our attention a case which illustrates the continuing human costs of the terrorists attacks.

Ali Maqtari, 26, was born in Yemen, studied in France and came to the US on a tourist visa last year with hopes of becoming a French teacher. He met Tiffinay Hughes, a native of North Carolina, and they were married in June 2001. They filed a marriage application with the INS Hartford, Connecticut office in August. He had planned to study at Southern Connecticut State University in New Haven, but his wife, a member of the National Guard, wanted to enlist as a full-time soldier, so he drove her to Fort Campbell, Kentucky. When they arrived at the base they were stopped, separated, and their car was emptied and searched by bomb-sniffing dogs. The INS issued a Notice to Appear charging Mr. Maqtari with overstaying his visa. Bond was originally set at $50,000, then INS changed his status to no bond. At a secret hearing the Immigration Judge again set bail at $50,000 and the Service immediately appealed to the BIA for a stay of the of the IJ's decision. After briefing by both sides, the BIA upheld the IJ's decision, but allowed each side to submit additional evidence. At a final hearing on November 6 the Service capitulated and stipulated to a $10,000 bond. On November 8 bond was posted and the couple has now returned to Connecticut to look for work and wait for the Immigration Court in Hartford to grant Mr. Al-Maqtari's permanent residence application and close his case.

The ripples of the September 11 attacks are still upsetting the lives of innocent victims. For details of the tortuous route the case has taken so far, visit Michael Boyle's page at Congratulations to Mr. Boyle and the others who helped represent Mr. Maqtari for their diligent and zealous represenation of their client and a case well argued.

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Seminar on Immigration Implications of the 9/11 Tragedy

ILW.COM has organized a phone seminar on the immigration implications of the terrible tragedy of September 11th. This seminar is moderated by Stephen Yale-Loehr and is co-sponsored by AILA and CINL/ABCNY. For more info, including a detailed list of topics covered and speaker bios, please click here:


Tip of the Day

Processing Times

The INS processes many petitions at its Eastern Service Center in Vermont, the Northern Service Center in Nebraska, the Southern Service Center in Texas and the Western Service Center in California. There are backlogs and delays throughout the INS including the Service Centers. We thank the American Immigration Lawyer's Association which makes this information available to the public. The processing times pages are a resource attorneys can use to give their clients an idea of how long a particular application will take. Attorneys can also encourage clients to check the processing times themselves to reduce the number of phone calls asking how long a case is taking. The real measure of processing times is how long cases are actually taking. If you find a case taking more or less time than indicated on these pages, send the information to As the hub for immigration information ILW.COM is a place to share the latest and most up-to-date immigration information.

ILW.COM Featured Article of the Day

State Department Temporarily Prohibits Third Country Processing
Greg Siskind and Amy Ballentine write that US consulates will stop the practice of issuing visas to third country nationals who are not residents of the consular district.

Thousands of immigrants each month search for attorneys on ILW.COM. Corporations, too, use ILW.COM to find immigration counsel. ILW.COM membership can be your most cost-efficient marketing tool! Just one new client will pay for the entire year's fee! Click here for more info.

Immigration News

Prior Aggravated Felony a Sentencing Factor Whether Admitted or Not
The court in US v. Gomez-Estrada, No. 01-1085 (1st Cir. Nov. 27, 2001), the court held in sentencing for being found in the US after having been deported subsequent to a conviction for an aggravated felony, the previous aggravated felony is a sentencing factor which does not need to be submitted to the jury regardless of whether the Defendant admits the commission of the prior aggravated felony.

Failure to Explain Charge Mandates Reversal
In US v. Lujano-Perez, No. 00-40920 (5th Cir. Nov. 26, 2001), the court found that where the trial court failed to explain individually the nature of the charge against aliens accused of reentering the US after deportation subsequent to conviction for an aggravated felony, reversal was mandated.

Information Collection Requests Extended
The INS has extended until December 27 2001, the period for public comment on forms G-325, Biographic Information, I-20A/B, Certificate of eligibility for nonimmigrant student (F-1) status--For academic and language students, I-129W, Petition for nonimmigrant filing fee exemption, I-360, Petition for Amerasian, widow(er), or Special immigrant, and I-515, Notice to Student or Exchange Visitor.

Comment Requests on Use Fees.
The INS is accepting comments from the public and affected agencies on INS User fees until January 28, 2002.

Immigration in the Press

INS Rebuffed on Tanzanian Scouts
According to the Washington Post an Immigration Judge has ruled that four Tanzanian teenagers who left an international gathering of Boy Scouts in Virginia in July were improperly detained by the INS, and has terminated the agency's attempts to deport them.

New RICO Target: Hiring Illegal Aliens writes that the 2nd Circuit Court of Appeals has reinstated a case by Commercial Cleaning Services against competitor Colin Service Systems. Inc., in which Commercial alleges that Colin engaged in a pattern of the illegal hiring of undocumented workers to reduce its costs, enabling the company to underbid competing firms.

ILW.COM Chats and Discussions of the Day

Chat with Mira Mdivani
Mira Mdivani will answers questions on all aspects of immigration law on Wednesday, November 28, 2001, at 9:00 p.m. Eastern (New York) time. Questions will be accepted beginning 15 minutes before the start of the chat.

"Immigration Implications of September 11th tragedy" Attend the at-cost seminar series moderated by Stephen Yale-Loehr. Click here for more info or to signup online. Click here for more info or to signup by fax

This Day in Immigration

From November 28, 2000

"INS Issues Advisory on Advance Parole The INS has issued an advisory urging all aliens with pending applications for adjustment of status or change of nonimmigrant status to consult with an immigration attorney or accredited immigration representative before making any foreign travel plans."

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:

One of our clients, Ali Al-Maqtari, was detained by the INS, Army, and FBI when he accompanied his wife, Tiffinay, from Connecticut to Fort Campbell, Kentucky to begin her military service. Ali, who is from Yemen, spent almost eight weeks in detention because the Department of Justice assumed -- despite compelling facts to the contrary -- that he was guilty of something. Fortunately, Ali's perseverance and his wife's efforts on his behalf finally resulted in his release. Ali's story in brief, along with links to several articles on his ordeal and the BIA decision and briefing in his case, is found by clicking here.

Michael Boyle
Law Offices of Michael Boyle

Dear Editor:

In response to the letter written by AM who comments on illegal aliens who are "honest" and of "good moral character." I wonder what part of knowingly breaking the immigration laws of the United States and entering the country ILLEGALLY or overstaying their visas ILLEGALLY falls under those categories?


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For information on advertising in the classifieds please 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.

The Federal Bar Association, North East Ohio Chapter in conjunction with the Cleveland Immigration and Naturalization Service, present the 2001 Immigration and Naturalization Seminar on December 7, 2001. This Seminar will address current developments impacting immigration law in response to the tragic events of September 11, 2001. The seminar will be held at the Marriott at Key Center, In Cleveland, Ohio from 7:30 am - 5:00 pm. The CLE includes 7.5 hours of credit with .5 hours of Substance Abuse. For details, click here.

Des Moines, Iowa. Basic intensive immigration legal training seminar to be held January 14-18, 2002, at the Marriott Hotel in downtown Des Moines. Sharply discounted room rates of $49/night plus tax for single or double at the downtown Marriott. Call 800/228-9290 for room reservations and mention the immigration legal training seminar. Sponsored by the Midwest Legal Immigration Project and the Immigrant Legal Resources Center. For more information, call Cyndy Bolsenga, 515/271-5730 or fax 515/271-5757 or e-mail

On January 31st & February 1st 2002, the National Immigration Forum will host its inaugural conference A Nation of Immigrants in the 21st Century: Moving Forward in a Time of New Challenges. The conference will be held at the Mayflower Hotel in Washington, D.C. For details, click here. For registration form, 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.
Editorial Advisory Board
Marc Ellis, Gary Endelman

Copyright 2001 American Immigration LLC, ILW.COM