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Immigration Daily

The leading
immigration law
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Immigration LLC.

Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
December 12, 2001
Previous Issues

Editor's Comments

In US v. Gonzalez-Torres, No. 00-50543 (9th Cir. Dec. 11, 2001), the court held that because the Defendant had been under observation from the time he crossed the border he was never free of "official restraint," and so could not be convicted of entering the US as the term is used in immigration law. While under "official restraint" the Defendant was observed using hand and arm gestures to direct other aliens to move and sit down. Noting that Congress has changed the definition of smuggling from bringing aliens "into" the United States to bringing aliens "to" the United States, the court found that there was sufficient evidence that a trier of fact could find Defendant guilty of smuggling, or in other words, you cannot have it both ways.

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We will be offering seminars on hot topics in immigration law in the near future. Please let us know which topics you would like to hear about at We need your suggestions!

Tip of the Day

Immigrant's Weekly

Some people may not need the thorough and detailed coverage of immigration news provided by Immigration Daily. For those people ILW.COM publishes the Immigrant's Weekly, a newsletter designed to provide the latest immigration news for immigrants. Instead of focusing on immigration law, Immigrant's Weekly is built around the immigrant experience and is intended to meet the needs of immigrants for immigration information. For the Immigrant's Weekly we sift through the week's immigration items to bring you the ones that affect your life and give you the immigration news you need to know.

We encourage readers to write to and share your immigration stories. We invite you to exchange your opinions on immigration issues and share your experiences with others on topics such as: What led up to your decision to move to a new country? Was it for a better job? a better education? to be with your spouse? What problems did you encounter? How did you decide which possessions to take and which to leave? What did your family and friends say? Did they encourage you in your decision or beg you not to go? And what did you find when you arrived? Was it as you expected, or nothing like you expected? If you or someone you know would like to receive free weekly immigration updates in the Immigrant's Weekly please subscribe on ILW.COM's home page or at

ILW.COM Featured Article of the Day

The ABCs of Immigration - - Inadmissibility - Miscellaneous Grounds of Inadmissibility
Greg Siskind and Amy Ballentine conclude their series on bases for inadmissibility by covering miscellaneous grounds.

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

No Review of Expedited Removal
In Brumme v. INS, No. 00-11013 (5th Cir. Dec. 7, 2001) the court upheld the District Court's determination that it lacked jurisdiction to review Petitioner's expedited removal.

Alien under Observation Not Guilty of Entry, but Guilty of Smuggling
The court in US v. Gonzalez-Torres, No. 00-50543 (9th Cir. Dec. 11, 2001), determined that Defendant could not be convicted for entering the US because he had never been free from observation by Border Patrol Agents, but upheld his conviction for smuggling because he had been observed directing aliens by hand and arm gestures.

Mandatory Detention Unconstitutional
In Dean v. Ashcroft, No. 01-3380 (WHW) (D. N.J. Dec. 7, 2001), the court determined that Petitioner's mandatory detention pending removal proceedings was unconstitutional and granted the request for an immediate bond hearing before an immigration judge.

Immigration in the Press

High-tech System to Screen Olympic Participants
According to USA Today The State Department has issued more than 9,000 visas to Olympic participants using a new high-tech security system that makes it possible to check their backgrounds for terrorist connections before electronically issuing a forgery-proof document.

ILW.COM Chats and Discussions of the Day

Chat with Barry Lieber
Barry Lieber will answers questions on all aspects of immigration law on Wednesday, December 12, 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 December 12, 2000

"Attorney General Not Custodian In Vasquez v. Reno, No. 00-1505 (1st Cir. Dec. 8, 2000), the court found that the Attorney General is not "the person having custody of the person detained," and so was not the proper Respondent in the alien's petition to a habeas petition."

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:

Our Mumbai office has forwarded a notice received from the American Consulate General in India requiring all Immigrant visa applicants to submit Indian police certificates from January 1, 2002. Two such certificates must be obtained as follows: 1) a certificate from a local police station and 2) certificate from Regional Passport Office.

Further the Immigrant visa applicants have been advised to bring I-864, Affidavit of Support together with all requested documents from the petitioner and the joint sponsor (if any) on the FIRST visit.

If there are any questions with regard to this notification, please feel free to contact Michael Phulwani at 201-845-0989 or e-mail

Very truly yours,
Michael Phulwani, ESQ.

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The Association of the Bar of the City of New York will hold a symposium on December 17, 2001 entitled: "Who is a Terrorist? An In-Depth Look at the Immigration Provisions of the New Anti-Terrorism Legislation." The program is sponsored by the Committee on Immigration and Nationality Law. All interested persons are invited to attend. No fee or reservation is required. For further information, contact Cyrus Mehta, Chair 212-425-0555 or 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