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Immigration Daily

The leading
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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
December 31, 2001
Previous Issues

Editor's Comments

The end of the year is traditionally a time to look back at the events of the past one and speculate what may happen in the next. As William Safire wrote recently in a piece on office pools for the coming year, "[i]f you correctly predicted everything that happened in 2001, you belong in jail." To avoid being thrown in the hoosegow, or at least egg on our faces, let us look back for a minute rather than forward.

One trend of the past year (the almost three quarters of the year prior to the September 11 attack seem more than a year ago) is an increased interest in America in Islam. Three major religions, Judaism, Christianity and Islam, trace their roots to a figure named, in English, Abraham. This Abraham, according to the Hebrew scriptures, originated in the Mesopotamian city of Ur. His father moved the family to Haran. In Haran Abraham received a call from God to move his family to the land of Canaan. Abraham traveled with his family through Shechem, Bethel, Ai, and the Negev. And all of this without any mention of passports or visas! Even if all people lived to Abraham's Biblical age of 175 the INS waiting times would still be unreasonable.

The September 11 attacks have brought more even prominence to immigration issues in the US. The increased scrutiny, and the sense of trepidation it brought to the field is beginning to recede, but is still palpable. Facing a new year filled with tensions and conflicts, the followers of the Abrahamic religions may do well to remember that they are all the children of immigrants.

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Last Chance to Become a Member Before Prices Increase!

We will be raising the fees to become an ILW.COM member for 2002. If you have been considering membership and listing in ILW's directory of immigration lawyers, this is your last chance to sign up at the current low price of $199/year. You need only one client to make a profit on your listing! For a personal discussion on listing your practice in our directory, please send an e-mail with your phone number to Alternatively, if you prefer to list yourself on-line, please click here:

Tip of the Day

Print This Page

In response to requests from readers, ILW.COM has added a "Print this Page" feature to Immigration Daily pages. Some readers pointed out that if they used the "print" button on the browser, some words at the right hand side of the page would be lost. Clicking on the new Print this page will automatically remove all advertising banners and menu strips, and give you a plain text version of the page formatted to fit a standard sheet of paper. Print this page allows you to print the Daily, cases, Congressional Record, Federal Register, INS, DOS, DOL items and featured articles to read when you are away from your computer and to save for future reference. You can find this new feature on the top and the bottom of every Immigration Daily page. We hope this feature will make the Daily more useful to you.

ILW.COM Featured Article of the Day

Never Say "i" (Unless You Must): Employment-Based Options for Adjustment of Status that Avoid INA 245(i) (Finale)
In the final installment of this article Angelo A. Paparelli and John C. Valdez discuss section 245(k) and offer their conclusions.

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Immigration News

Being Found in US Commences at Reentry
In US v. Lopez-Flores, No. 01-1834 (7th Cir. Dec. 28, 2001), the court held that for the crime of being found in the US after having been deported for an aggravated felony, in the case of surreptitious reentry the "found in" offense is first committed at the time of the reentry and continues to the time when he is arrested for the offense.

Decision Not to Depart from Sentencing Guidelines Unreviewable
The court in US v. Pesina-Cardenas, No. 01-2839 (8th Cir. Dec. 28, 2001), found that the district court's decision acknowledging that it had authority to depart downward from the sentencing guidelines on the basis of cultural assimilation, but finding that the facts did not warrant it was unreviewable. The court has made available the Appellant's brief.

Montero-Martinez Opinion Withdrawn
The Ninth Circuit by an order dated Dec. 28, 2001, has withdrawn its May 23, 2001, opinion in Montero-Martinez v. Ashcroft, No. 99-70596.

Habeas Granted for Indefinitely Detained Parolee
In Borrero v. Aljets, No. 00-2351 (RHK/FLN) (D. Minn. Dec. 18, 2001), the court adopted the Magistrate Judge's recommendation that the habeas petition be granted for an alien who had been paroled, not admitted, into the US and was being detained indefinitely by INS pending execution of a removal order.

No Habeas Pending BIA Determination on Appeal
The court in Badio v. INS, No. 01-1963 (DSD/FLN) (D. Minn. Nov. 21, 2001), denied habeas to the Petitioner who was being detained pending a decision of the Board of Immigration Appeals (BIA) on deferral of his removal.

No Jurisdiction for Habeas Petition Challenging Factual Determination
In Mohammed v. Ashcroft, No. 01-583 (MJD/SRN) (D. Minn. Aug. 13, 2001), the court determined that it had no jurisdiction to entertain Petitioner's habeas petition because it challenged a factual determination made by the Immigration Judge.

Extension of MOU Mitigating Fines for Carriers
Air and sea transportation companies (carriers) may enter into a memorandum of Understanding (MOU) with the INS providing for mitigation of fines related to transporting passengers without passports or visas

Immigration in the Press

Law and Illegals
The Christian Science Monitor expresses the opinion that the illegal immigration problem with Mexico resides on both sides of the border. One key to solving it is a greater respect for the rule of law, south and north.

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This Day in Immigration

From December 29, 2000

"The immigration provisions of the omnibus appropriations bill include a provision for a premium fee for employment-based petitions and applications. The Attorney General is authorized to establish and collect an additional $1000 fee for employment-based petitions and applications to provide for premium-processing services and to make infrastructure improvements. The premium processing fee is a bad idea. No one should have to pay extra for the INS to do what it is supposed to do anyway. The fee will only add to the confusion that enables nefarious persons to prey on the hopeful and uneducated by telling them they can get a green card if they only pay more money. Finally, a premium processing fee for government services flies in the face of the most basic of American ideals, that all people are equal before the law. The Attorney General is authorized, not required, to establish the fee. Even if bad laws don't die, they can just fade away."

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 think that ILW.COM is doing a superb job and the efforts of the editorial staff are to be commended. It appears that some of us may have forgotten the purpose of ILW, not only to bring news to practitioners but also to inform the general public, including those from other countries who look to it for guidance. It's like going to a smorgasbord. You take what you like and leave the rest for others to enjoy.

Stephen D. Schlapak

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For information on advertising in the classifieds please click here.

West Group, the preeminent provider of information to the U.S. legal market, has an opportunity for a skilled attorney editor to join our team in the heart of Washington, D.C. The attorney editor will contribute to West Group's immigration law publications and products, primarily Interpreter Releases, the leading immigration law periodical in the U.S. In addition to an LL.B. or J.D. degree from an ABA-approved law school, qualified candidates must have excellent writing, editing, and analytical skills, sound editorial judgment, and the ability to work collaboratively and cooperatively in a team environment. Experience in immigration law is preferred. The position requires the ability to interpret, analyze, and communicate both current news developments and detailed legal material in a clear and concise manner under a tight weekly deadline. Strong computer and organizational skills and the ability to prioritize and handle multiple tasks and roles are essential. Product administration skills are also required, including for print and online delivery. We are not accepting paper, e-mailed, or faxed resumes. If you are interested in applying for this position, please apply through our website at Please also attach your writing sample (preferably in Word for Windows format) to your online resume, if possible, or fax or mail the sample separately to: Betty James, West Group, 901 Fifteenth St., NW, Suite 1010, Washington, D.C. 20005. No phone calls, please. Equal Opportunity Employer.

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