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Immigration Daily

The leading
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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
January 8, 2002
Previous Issues

Editor's Comments

In US v. Szehinskyj, No. 00-2467 (3rd Cir. Jan. 7, 2002), the court revoked the US citizenship of Petitioner who was found to have participated in the Third Reich's SS Totenkopf Division. The court rejected Petitioner's argument that the government had to prove that he had obtained his visa through a material misrepresentation. Citing the Seventh Circuit decision in US v. Tittjung, the court made clear that the "assistance in persecution ground for visa ineligibility is an independent ground that does not required a fraud element; once a determination of ineligibility is made on this ground, there is no need to look for an find a material misrepresentation." Addressing the sufficiency of the evidence, the court found that the government had established by "clear, unequivocal and convincing evidence" that Petitioner was a member of the SS Totenkopf, and that by definition the Totenkopf had assisted in the persecution of Jews and others considered racially inferior. Personal participation in the atrocities was not required to one to have assisted in persecution. Being an armed concentration camp guard was sufficient for revocation of US citizenship.

With this issue we begin the serialization of Evidence of Source of Capital in Immigrant Investor Cases by Lincoln Stone and Stephen Yale-Loehr.

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ILW.COM Featured Article of the Day

Evidence of Source of Capital in Immigrant Investor Cases (Part I)
In the first of this series Lincoln Stone and Stephen Yale-Loehr begin an in-depth examination of types of arguments available to establish that capital to qualify for an immigrant investor visa is from a lawful source.

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Immigration News

Material Misrepresentation Not Required to Revoke Citizenship
In US v. Szehinskyj, No. 00-2467 (3rd Cir. Jan. 7, 2002), the court, in revoking the citizenship of the Petitioner who had participated in the Third Reich's SS Totenkopf Division, made clear that the "assistance in persecution ground for visa ineligibility is an independent ground that does not required a fraud element; once a determination of ineligibility is made on this ground, there is no need to look for an find a material misrepresentation."

Alien Entitled to Individualized Determination Pending Appeal of Removal Order
The court in Radoncic v. Zemski, No. 01-1074 (3rd Cir. Jan. 4, 2002), rejected the INS's appeal from an order that Petitioner be released from custody on bond upon reasonable conditions pending his appeal of his removal order.

No Jurisdiction to Compel Visa
In Ahmed v. INS, No. 01 6584 (N.D. Ill. Jan. 3, 2002), the court determined it had no jurisdiction to hear Plaintiff's mandamus action brought to compel the State Department to issue an immigrant visa based on the Diversity Lottery program.

Immigration in the Press

Patrick Buchanan on Immigrant Invasions
[Requires RealAudio® player]
In an interview on National Public Radio Patrick Buchanan says dying populations and immigrant invasions imperil our country and civilization.

Accused Illegal Immigrant Smuggler in Tyson Case Makes Deal in Court
According to an Associated Press article on Tampa Bay Online, Amador Anchondo-Rascon, accused of being the leader of an immigrant smuggling ring for the nation's largest poultry producer, pleaded guilty to a conspiracy charge.

"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 January 8, 2001

"New Immigration Bills Introduced in House H.R. 22, a bill to delay any legal effect if an alien admits to being in the US illegally, gives up the right to a hearing before departure, and requests to return to his country without a hearing and H.R. 87, a bill to restore certain provisions relating to the definition of aggravated felony, were both introduced in the House and referred to the House Committee on the Judiciary."

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:

The wisdom of LL (letter on 1/7) knows no bounds and could not come at a better time. How in the world does one get rewarded with amnesty for breaking the immigration laws of the US based on not getting caught for a long enough time? Can you think of anything more ridiculous? Having just started 2002, it seems that Congress and the American people have finally decided to put our national security first and stop rewarding illegal aliens/immigrants for overstaying their visas or entering illegally. Did you notice that 245(i) was not extended? Thank you America, and keep up the good work!


Dear Editor:

Congratulations to "LL" who, on 1/7/02, wrote a letter and neatly summed up what's wrong with amnesties for illegal aliens. I hope that "LL" is wrong in believing that there will be another amnesty, and that they will use their writing ability to urge Congress and the Bush administration not to enact amnesty, "regularization" or whatever.

John H. Frecker
Baileyville, ME

Dear Editor:

Why is the processing times for immigrant visas moving so slow or not moving at all over the last 12 months? I have been following the different categories for the past years and relative progress was being made in all categories, then about a year ago it came to almost an halt. I am outside the US. I received a letter over 12 months ago containing a biographic details forms and instructions to acquire other info such as Police Record, Affidavit of Support from my sponsors etc. I have done all required of me, but I am still awaiting to be called for the interview. Something is definitely amiss. I am not alone. Answers to our questions are not forthcoming from our local consulate. Can you shed any light please?


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For information on advertising in the classifieds please click here.

Paparelli & Partners LLP is currently recruiting for the following positions: 1) Paralegal - Under supervision of attorneys, perform legal research and draft various employment-based and family-based immigration-related petitions, applications and supporting documentation. Use computer software extensively (research databases, Internet, MS Word, MS Outlook, Excel, ProLaw, etc.). Maintain client files. Monitor case progress. Communicate with clients and internal staff. Qualifications: College degree and paralegal certificate or substantial and relevant experience required. Excellent writing ability. Strong research and communication skills. Detail oriented. Ability to work as a team member in a fast paced environment. Experience in employment-based immigration law preferred, but not required. 2) Client Services Assistant - Under attorney supervision, use computer software extensively (MS Word, MS Outlook, ProLaw, Excel, etc.) to assist attorneys and paralegals in providing legal services to clients; maintain computerized databases; maintain documentary files; collect, organize, index and copy documents required to demonstrate clients' eligibility for immigration benefits; may have limited client contact. Qualifications: Must have at least two years' experience as a secretary or a college degree, excellent communication skills, and the ability to work as a team member in a fast paced environment. Fax resumes to Kim Watkins at 949-955-5599 or e-mail to

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

The American Bar Association, Immigration and Nationality Committee of the Section of International Law and Practice, and the ABA Immigration Pro Bono Development and Bar Activation Project invite you to attend the following program and reception on Tuesday, January 22, 2002, "What Consular Officials Should Know About Recent U.S. Immigration Developments: A Dialogue With The Consular Corps And Legal Community," at the Canadian Embassy, 501 Pennsylvania Avenue N.W., Washington, D.C. 5:30-7:30 p.m. For details and registration form click here.

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