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Immigration Daily

The leading
immigration law
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Immigration LLC.

Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
February 1, 2002
Previous Issues

Editor's Comments

According to the Los Angeles Times Immigration Judges are asking Congress to remove the Immigration Courts from the control of the Department of Justice (DOJ). The Immigration Courts currently are part of the Executive Office for Immigration Review (EOIR). The EOIR was created in 1983 through an internal DOJ reorganization which combined the Board of Immigration Appeals (BIA) with the Immigration Judge function previously performed by the INS. One purpose of the reorganization to make the Immigration Courts independent of INS, but both remain part of the DOJ.

The paper cites a report prepared by the union representing the judges as saying the "judges are particularly concerned about complaints that America's 'core legal values' have been compromised since the September 11 terrorist attacks." Since the attacks Attorney General Ashcroft has limited the authority of Immigration Judges by requiring that certain immigration proceedings be conducted in secret, and by allowing for an automatic stay of a Judge's decision on setting bail if the INS objects. At this time of increased sensitivity to the erosion of civil rights it is important to enhance the appearance that hearings are fair and impartial. Having both the Immigration Courts and the INS responsible to the same authority seems to be another example of putting a fox in charge of the hen house.

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ILW.COM Featured Article of the Day

INS Increases Filing Fees
Sherry L. Neal writes about the upcoming increases in INS filing fees.

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Immigration News

Admission under Oath of Conviction Sufficient for Removal
In Fequierre v. INS, No. 98-3048 (11th Cir. Jan. 25, 2002), the court found that admission under oath of a prior conviction for an aggravated felony was sufficient to establish that Petitioner was removeable.

T Visa Regs
The INS has issued an interim rule and request for comments on the essential elements that must be demonstrated for classification as a T nonimmigrant alien; the procedures to be followed by applicants to apply for T nonimmigrant status; and evidentiary guidance to assist in the application process.

Extension of Comment Period for G-884, G-1046
The INS is extending for 30 days the comment period on the G-884, Request for the Return of Original Document(s), and G-1046, Concerning Project Speak Out!

Competition for J-1 Sports programs
The Office of Citizen Exchanges of the Bureau of Educational and Cultural Affairs announces an open competition for International Sports Programming Initiative J-1 programs to discuss approaches designed to enhance and improve the infrastructure of youth sports programs in selected countries in Africa, South Asia, Central Asia, South East Asia and the Near East.

Immigration in the Press

Immigration Judges Call for Independent Court
According to the Los Angeles Times the nation's immigration judges are asking Congress to remove their courts from the control of the Justice Department.

Hundreds of Hispanics Protest Sheriff's Request for INS Data
The Florida Times-Union reports that Hispanic migrant workers, fearing they could get swept up in the state's anti-terrorism fight, are protesting the Collier County sheriff's effort to get access to the federal government's database of illegal aliens.

INS to Implement Tracking of Foreign Student Enrollment
According to the Daily Californian University of California administrators are meeting with the INS to install a new computer system for tracking foreign students allowed into the country to attend school which the INS hopes to have available for campuses to use as soon as June, though many universities are not expected to implement it until the fall.

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This Day in Immigration

From February 1, 2001

"No Equitable Tolling With Actual Knowledge The court in Jobe v. INS, No. 99-1064 (1st Cir. Jan. 30, 2001), found that a Petitioner who had been ordered deported in absentia was not entitled to equitable tolling of the 180 day period in which to file a motion to reopen where the facts he presented showed he had actual notice of the order within one month of its being issued."

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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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

Representing Immigrant Children and Challenging Unlawful Arrests, El Paso, Texas-Ciudad Juarez, Mexico, February 20-22, 2002. Sponsored by the Lawyers Committee for Civil Rights Under Law of Texas, and the University of Texas, El Paso, Center for Law and Border Studies. Register early and save money. $200 for full three day conference if registration is received by January 30, 2002. To register by phone or for more information, contact the University of Texas, El Paso, Center for Law and Border Studies: Phone(915)747-8866 Fax: (915) 747-5538. The full conference agenda and registration information available on-line at: Texas and New Mexico CLE for attorneys available 0.6 CEU credits for social workers and counselors. Limited scholarship money available. For more information on scholarships, contact Sofia Munoz at the Lawyers Committee for Civil Rights:, (915) 532-3370. Of particular importance post 9/11, this conference will address the issues related to immigration stops, arrests, suppression and detention, with the focus on children. For additional information: In El Paso, UTEP: 915-747-8866 Sofia Munoz, Lawyers Committee, (915) 532-3370. In Dallas: Natalia Walter, (214)559-4130.

Immigration...The Times They Are A Changin' February 28, March 1 2002, SeaTac DoubleTree Hotel, 18740 Pacific Hwy. So., Seattle. This year's expanded seminar has been revamped to maximize information sharing with government speakers and experienced practitioners. More government speakers, larger facilities, and exciting new roundtable discussions will educate and challenge attendees of all experience levels. Attendees new to immigration will receive a comprehensive, practical and clear overview in virtually all areas of immigration law. Advanced attendees will learn how to incorporate the new laws and procedures into their daily practice. In addition, all attendees will learn to resolve complex matters so unique that they cannot be researched in traditional periodicals. To Register or view the full program brochure click here. For questions or more information call Denise at: (206) 340-2578

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