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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
February 11, 2002
Previous Issues

Editor's Comments

The court in Gui v. INS, No. 00-70287 (9th Cir. Feb. 8, 2002), rejected the Immigration Judge's (IJ) adverse credibility finding and ruled that Petitioner was eligible for asylum. The court noted that the applicable standard in reviewing adverse credibility finding is whether the findings are supported by substantial evidence. An IJ must have a "legitimate, articulable basis to question the petitioner's credibility, and must offer a specific, cogent reason for any stated disbelief."

Petitioner claimed persecution in Romania for his anti-Communist beliefs under Ceausescu and in the years immediately following his downfall. The IJ and the court viewed the testimony from different perspectives. The IJ found not credible the testimony that petitioner knew his phone had been tapped for years because police questioned him about the content of his phone calls. The IJ thought that anyone who believed his phone to be tapped would not use it to convey incriminating information. The court noted that there was little testimony about the specific content of the calls and the IJ seemed to assume it was incriminating while it may simply have led to a particular line of questioning by the police. The petitioner recounted two hit-and-run automobile accidents. He had provided the police with information including in one case the license plate number of the other vehicle, but no one was apprehended. The IJ viewed the testimony as Petitioner blaming the police for not being able to find someone even though they had insufficient information and speculated that if the government had wanted to silence Petitioner it would have staged a more serious accident. The court found that implicit threats of murder through staged accident can also be effective in silencing opposition. The court wrote that the IJ's assertion that if the Romanian government were as repressive as Petitioner maintained than the Petitioner would not be alive to tell about it defied logic. Two letters Petitioner submitted in support of his application had arrived from Romania within a month of each other, which the IJ found "extremely interesting." The court viewed the letters as simply two documents in over 130 pages of supporting documentation. Finally the IJ considered Petitioner's testimony that he had had a successful career surgeon and a very high standard of living by Romanian standards with two homes and a car as not credible because it would have been easy for the government to dismiss him from his position. The court on the other hand found it supported Petitioner's credibility questioning why if life were comfortable for Petitioner he was so eager to leave Romania.

The issue in the case is the IJ's basis for the adverse credibility finding, not whether Petitioner was telling the truth. But in an asylum case should not the truth matter? Just because a story makes sense does not mean it is true.

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ILW.COM Featured Article of the Day

September 11 Ushers in a New Era in Immigration Law and Practice - Part II
In the second of a two part series Angelo A. Paparelli and John C. Valdez explore how the September 11 attacks have changed the field of immigration law.

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Immigration News

Court Finds Credibility Where IJ Did Not
The court in Gui v. INS, No. 00-70287 (9th Cir. Feb. 8, 2002), rejected the Immigration Judge's (IJ) adverse credibility finding and ruled that Petitioner was eligible for asylum.

Fourteen-Year Resident is Firmly Resettled
In Nasir v. INS, No. 00-9544 (10th Cir. Feb. 7, 2002), the court found that and Afghan refugee who had lived in Germany for fourteen years had firmly resettled there, and though he had a fear of persecution from skinheads and neo-Nazi's he did not show that the German government was unable or unwilling to control those group.

Bad Advice No Basis for Lighter Sentence
The court in US v. Ochoa-Olivas, No. 01-3255 (10th Cir. Feb. 7, 2002), the court found that the Defendant's having received incorrect advice from someone he believed to be an attorney that he could stay in the US legally was no reason for a downward departure from the sentencing guidelines for being an alien found in the US.

INS Communiqu
The INS Communiqu for October 2001 includes headquarters news, INS news of note, and INS news from the field.

Adoption Processing in Cambodia
The INS has published a Questions and Answers on the suspension of adoption processing in Cambodia.

Commissioner Ziglar Addresses Adoptions
INS Commissioner Ziglar addresses the suspension of adoption processing in Cambodia.

Temporary Authorization for Aviation Training
The Department of Justice has granted advance consent for the training of certain categories of aliens in the operation of aircraft, without requiring that they provide identifying information to the Attorney General, based on a provisional finding that they do not constitute a risk to aviation or national security at this time.

Comment of Attestations Form
The Department of Labor seeks comments on the extension of the "Attestations by Employers Using Alien Crewmembers for Longshore Activities at Locations in the State of Alaska."

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Immigration in the Press

Deportee Sweep Will Start With Mideast Focus
The Washington Post reports that Federal agents will soon begin apprehending and interrogating thousands of illegal Middle Eastern immigrants who have ignored deportation orders, seeking ways to prosecute any who have ties to terrorism and compiling the results of interviews in a new computer database, according to a Justice Department memo.

ILW.COM Chats and Discussions of the Day

Chat with Steven Riznyk
Steven Riznyk will answers questions on all aspects of immigration law on Monday, February 11, 2002, at 9:00 p.m. Eastern (New York) time. Questions will be accepted beginning 15 minutes before the start of the chat.

Letters to the Editor

Dear Editor:

The INS Commissioner in his remarks to NIF on Feb. 1, 2002, (Immigration Daily - 2/5/02) expressed his philosophy that the United States ought to welcome immigrants and assured his audience that the migration talks with Mexico have not been forgotten. I hope this is true.
[To read the whole letter, click here].
Richard E. Baer, D.V.M.

Dear Editor:

I must comment on Mr. Latour's article regarding section 245(i) that appeared in 1/8/02. The irony in his article is he failed to mention that the other group that benefits if section 245(i) or anything similar is passed are immigration practitioners who are able to collect substantial fees from the endless stream of illegal aliens or illegal overstays by processing either a family-based or employment-based case for permanent residency.

Despite the tragedy of 9/11 caused by some terrorists having entered the U.S. illegally or having entered legally and intentionally overstayed their visas, Mr. Latour sweeps this aside as " a bombardment of misinformation". Rather than promote tighter security to protect our great nation and make it more difficult to enter or overstay illegally Mr. Latour would rather open the doors and let everyone in and have those benefit prospectively from laws such as 245(i).

He also failed to mention the thousands of people who are trying to enter the US LEGALLY and who suffer by being outside of the US waiting their turn away from friends, family and a better life while those that have broken the immigration laws are here enjoying all of this. What is wrong with this picture? I would like to say thank God for the Republicans but unfortunately the issue of national security will today override political partisanship as all Americans should support measures to protect us from any potential harm, to enforce our immigration laws and to stop rewarding those that break the laws.

J. Seyes
Registered Democrat

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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.

The second annual New Jersey Institute for Continuing Legal Education (ICLE) Seminar that will be run in conjunction with AILA on Tuesday March 20, 2001, from 9:00 a.m. to 3:30 p.m. at the Gateway Hilton in Newark, New Jersey. Speakers include: Dolores DeHaan, Betty Manfredonia, Paul Novak, Andrea Quarantillo, Susan Rauffer and William Yates. For details 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 2002 American Immigration LLC, ILW.COM