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Immigration Daily

The leading
immigration law
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Immigration LLC.

Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
January 29, 2002
Previous Issues

Editor's Comments

On January 25th President Bush spoke about homeland security at Southern Maine Technical College. The President stated his budget includes $11 billion for controlling of our borders and a 29 percent increase in the budget of the INS, to make sure it modernizes reporting data. He noted that the INS estimates that 40 percent of the people who are here illegally have overstayed their visas, and to "make sure they're not part of some al Qaeda network that wants to hit the United States....we're looking, we're listening, we're following every single lead." A revival of 245(i) could save a lot of looking.

The e-mail version of the January 28, 2002, issue of Immigration Daily contained an incorrect link for Richard Baer's letter to the editor. The correct link is,0128-Baer.shtm.

How to Get and Keep Corporate Clients? Use ILW's Case Tracking! Each case takes only a few minutes from start to finish! Serious practitioners find this modern technology a "must have." For more info, send e-mail to:, include your phone #.


200,000 Attorney Searches per Year!

Approximately 200,000 searches are made each year for immigration attorneys on ILW.COM. That's almost 250 searches per year per attorney listed in our lawyer directory. Which means that if you are listed with ILW.COM, then your listing will be searched once each working day throughout the year. You need only one client a year 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:

ILW.COM Featured Article of the Day

Evidence of Source of Capital in Immigrant Investor Cases (Part III)
In the third in this series Lincoln Stone and Stephen Yale-Loehr provide information on challenges based statute to INS queries about the the source of capital for immigrant investor visas.

Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here:

Immigration News

No Jurisdiction to Review H-1B Denial
in CDI Information Service v. Reno, No. 00-1983 (6th Cir. Jan. 28, 2002), the court determined it lacked jurisdiction to review the INS's denial of an H-1B extension.

Prejudice Required for Ineffective Assistance of Counsel
The court in Pop v. INS, No. 00-3962 (7th Cir. Jan. 28, 2002), the court upheld the Board of Immigration Appeals (BIA), denial of a motion seeking a remand and alleging ineffective assistance of counsel because Petitioner was not prejudiced by his counsel's allegedly deficient performance.

Court Cannot Order INS to Commence Removal Proceedings
In Chapinski v. Ziglar, No. 01-2871 (7th Cir. Jan. 28, 2002), the court found it had no jurisdiction to hear a Mandamus action brought by are nationals of former Soviet bloc countries seeking to compel the INS to commence removal proceedings so they could apply for suspension under NACARA.

President Bush Calls for Increase in INS Budget
In recent remarks President Bush announced a "29 percent increase in the budget of the INS, to make sure we modernize our reporting data, to know who comes in our country and who leaves our country," and provided a fact sheet on border security.

Citizenship Information in Hmong
The INS has released citizenship information for members of the Hmong and Laotian community (revision of 9/27/01) in Hmong.

Immigration in the Press

Efforts to Track Foreign Students Are Said to Lag
The New York Times [registration required] reports that despite promises to tighten controls on student visas after September 11, the government is at least a year from making the system safer from terrorists, who used the visas while plotting the 1993 World Trade Center bombing and the September attacks.

Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info:

This Day in Immigration

From January 29, 2001

"Lack of Consular Certification Not a Basis to Exclude Documents In Khan v. INS, No. 99-71062 (9th Cir., Jan. 26, 2001), the court found that in an asylum case it was error to exclude solely on the grounds of lack of consular certification documents that would have corroborated Petitioner's testimony."

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:

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For information on advertising in the classifieds please click here.

Associate Attorney wanted to handle a variety of primarily employment-based immigration cases for a good mix of institutional/individual clients, as well as some family-based immigration and naturalization cases; Must have excellent writing and computer skills; Must be a member in good standing of the bar (any jurisdiction); Prefer someone with 1-2 years of business immigration experience; but the most important qualification is the desire to practice in this area of law and serve the needs of immigrants and potential immigrants. Kapoor & Associates is a small, boutique, service-oriented immigration law firm located in Atlanta. Competitive salary/benefits are offered. Excellent opportunity to learn, grow and advance with expanding practice. Send resume and a writing sample to Romy Kapoor at

The Association of the Bar of the City of New York (Committee on Immigration and Nationality Law) and Gay Men's Health Crisis are sponsoring a CLE on "HIV+ Immigration Asylum and Petitioned Cases" on January 29, 2002, 6-9 pm, at The Association of the Bar, 42 West 44th Street. The program will include speakers from GMHC, an Immigration Judge and speakers from several international gay and lesbian human rights organizations, as well as a speaker from Human Rights Watch's new HIV project. 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.

Sessions on immigration law enforcement, challenges to unlawful arrests and suppressing evidence in immigration proceedings will be part of the conference on Representing Immigrant Children, to be held in El Paso, Texas, Feb. 20-22. Visit Mexican Immigration Office and Child Protective Services in Ciudad Juarez, MEXICO. The training will also cover the immigration impacts of criminal conduct and juvenile delinquency, cutting edge political asylum claims for children, special immigrant juvenile status and other issues related to representing immigrant children. Trainers include Barbara Hines, University of Texas School of Law, Austin; Lynn Coyle and Rebecca Bernhardt, Lawyers Committee for Civil Rights Under Law of Texas; Chris Nugent of the American Bar Association; Holly Cooper, Florence Project; Angela Lloyd, Covenant House, Newark; Mony-Ruiz Velasco, Chicago. El Paso is located on the Texas-New Mexico-Mexico border, at the southern tip of the Rockies, in the Chihuahua Desert, about one hour from White Sands National Monument, three hours from Carlsbad Caverns and other historic and natural sites. For more information contact: Sofia Munoz, Lawyers Committee for Civil Rights, or University of Texas at El Paso, 915-747-8866, or, in Dallas, Natalia Walter

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 2002 American Immigration LLC, ILW.COM