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Immigration Daily

The leading
immigration law
publisher - over
50000 pages of free

Immigration LLC.

Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
December 18, 2001
Previous Issues

Editor's Comments

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Tip of the Day

The Five Myths of Case Management explores five common myths about case management systems and offers guidance about how to use case management systems effectively.

ILW.COM Featured Article of the Day

Practical Tips for Noncitizens in a Post-September 11 World
Cyrus D. Mehta offers guidance for noncitizens in the wake of the September 11 tragedy.

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Immigration News

RICO Claim for Hiring of Undocumented Workers
The court in Commercial Cleaning Services, LLC v. Colin Cleaning Systems, Inc., No. 00-7571 (2nd Cir. Nov. 30, 2001), found that the District Court improperly dismissed Plaintiff's civil Racketeer Influenced and Corrupt Organization (RICO) claim for damages caused by Defendant's hiring of undocumented aliens for profit.

No Jurisdiction to Review Discretionary Decisions
In Sol v. INS, No. 00-2625 (2nd Cir. Dec. 7, 2001), the court agreed that the District Court lacked subject matter jurisdiction to review discretionary decisions by an Immigration Judge and the Board of Immigration Appeals to deny Petitioner's application for a waiver of deportation.

No Jurisdiction for Review of Removal for Aggravated Felon
The court in Zhang v. INS, No. 99-4106 (2nd Cir. Dec. 10, 2001), determined it had no jurisdiction to entertain a petition for review of an order of removal brought by an alien who had been convicted of conspiracy to smuggle aliens into the US, because he had been convicted of an aggravated felony.

California DUI not a Crime of Violence
In US v. Portillo-Mendoza, No. 00-10407 (9th Cir. Dec. 17, 2001), the court held that California convictions for driving under the influence did not have an intent requirement and so were not aggravated felony crimes of violence for purposes of sentence enhancement of an alien convicted of illegally entering, attempting to enter and being found in the US after a prior deportation.

Cosponsor for Fingerprint Processing System at Visa Issuance
Sen. Miller has been added as a cosponsor of S. 1491, a bill to provide for the establishment and implementation of a fingerprint processing system to be used whenever a visa is issued to an alien.

Oversight Hearing in INS, EOIR Release Policies
The House Subcommittee on Immigration and Claims, is scheduled to hold an oversight hearing on the Release Policies of the Immigration and Naturalization Service and the Executive Office for Immigration Review, December 19 at 2 p.m.

Immigration in the Press

Arrest May Deal Blow to Alien-Smuggling Ring
According to the Seattle Post-Intelligencer Border Patrol agents have arrested a man believed to be one of the most prolific smugglers of Korean illegal immigrants into the US.

"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 18, 2000

"Court has Jurisdiction to Denaturalize Nazi The court in US v. Tittjung, No. 00-2442 (7th Cir. Dec. 15, 2000), found that the district court had subject matter jurisdiction to revoke the citizenship of a person who had served as a concentration camp guard during World War II, but failed to disclose it when obtaining a visa."

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

The following are in response to the Editor's Comments in the December 17, 2001, issue of Immigration Daily.

Dear Editor:

It is true that language changes with the times. It is also true that society changes faster than the law. Look at internet law, for example. Law often comes as a reaction, a response to an issue that arises often enough to require a statute. It is up to us particularly, as advocates for immigrants, to use language that is not perjorative in reference to our clients. Congress (especially an anti-immigrant Congress) is not going to take it upon themselves to find more appropriate language in an effort to give dignity and humanity to "persons who are not citizens and nationals of the US." It is up to us to give a human face to undocumented immigrants and people holding immigrant visas and non-immigrant visas. One way to do that is to discourage, not continue, the use of the term "alien" when referring to people who are just like us, they just happen to hold citizenship in another country.


Dear Editor:

I would like to commend you for not caving in to the politically correct pressure of people such as Maria Gracio in her December 14 letter to you, and others, in using the word "alien." In this day and age when almost everything offends some minority interest group, it was good of you to take a swift stance on something so ridiculous. I appreciate your etymological discussion of the word. The fact that you wrote "The science fiction meaning of a being from another world or planet does not appear until the middle of the 20th century" in the middle of that ostensibly serious discussion was hilarious!

I would like to point out also that Gracio and other supporters of illegal alien throw around the "99% of the time in jobs that US citizens don't even bother looking at" line all the time with no facts, figures or support. The letters from J.S. and LL in their December 17 letters responding to Gracio correctly point out that in the current economic recession, many US citizens would be glad to perform these jobs.

However, even before this current economic climate, many young people and teenagers would have been happy to do these jobs. I know many high school kids who would gladly work as a janitor or washing dishes, if they can only find a job. It's another endemic myth that if the population of illegals were reduced or eliminated, this country would be disabled. The youths of America and other Americans would step in. There is no doubt in mind that would happen. That is the spirit of America; we make things work when pushed to it.

Liem Doan, Esq. (proud former legal alien)
Los Angeles, CA
USA, Earth, Sol Solar System,
Milky Way Galaxy

Editor's Note: Contrary to Mr. Doan's assertion, the editors do not find people being offended by the use of the word "alien" to be something ridiculous. It is precisely because the use of the word arouses strong feelings that we felt it merited an explanation that the historical, legal and practical factors weigh in favor of the continued use of the word "alien" at this time.

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For information on advertising in the classifieds please 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