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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
February 22, 2002
Previous Issues

Editor's Comments

The case of John Demjanjuk, accused of being "Ivan the Terrible" of the Nazi's Treblinka death camp, has made the headlines again. According to the press release from the Department of Justice:

Demjanjuk was first tried on allegations of Nazi persecution in 1981. A federal court found that Demjanjuk was "Ivan the Terrible," a gas chamber operator at the Treblinka extermination camp. He was extradited to Israel in 1986, convicted of crimes against humanity by an Israeli trial court, and sentenced to death. However, after the Israeli Supreme Court found that reasonable doubt existed as to whether Demjanjuk was Ivan the Terrible, he was released and returned to the United States. In 1998, Chief Judge Matia vacated the original denaturalization order, finding that the government recklessly failed to produce potentially exculpatory evidence to Demjanjuk in the original proceedings, but he authorized the government to reinstitute denaturalization proceedings if it had evidence supporting other charges against Demjanjuk.
The government filed new charges in 1999, relying in large part on evidence that had come to light following Demjanjuk's conviction in Israel, when the collapse of the Soviet Union led to the release of Nazi records that had been captured by the Soviet army. In a lengthy Findings of Fact Judge Matia found that federal prosecutors proved that Demjanjuk had served the Nazi regime during World War II as a "willing" guard at Nazi camps "for more than two years." The Judge issued a judgment vacating Demjanjuk's 1958 grant of US citizenship and ordering him to surrender his naturalization certificate and passport within 10 days. Judge Matia also issued a separate Supplemental Opinion explaining that this case is one of documentary evidence, not eyewitness testimony, and the court's inability to put any credence in the Defendant's contentions that the documents did not refer to him. Attorney General Ashcroft praised the decision, stating, "Today's decision shows that the efforts of the United States in finding and prosecuting those who perpetrate heinous acts of violence against innocent civilians will be unrelenting, whether it takes days or decades."

The Department of Labor processing times have been updated.

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ILW.COM Featured Article of the Day

The ABCs of Immigration - Refugee Processing
Greg Siskind and Amy Ballentine write about the process refugees follow to enter the US.

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Immigration News

Evidence Does not Compel Finding of Persecution on Protected Ground
In Girma v. INS, No. 00-60295 (5th Cir. Feb. 20, 2002), the court found that where Petitioner presented evidence she was abducted, held for ransom and raped, the BIA properly applied the mixed motive analysis and found the evidence presented to be insufficient to reasonably conclude that the harm suffered was motivated, at least in part, on account of membership in a particular social group, actual or imputed political opinions, or any other protected ground.

No EAJA Fees from INS
In Perez-Arellano v. Smith, No. 00-35553 (9th Cir. Feb. 21, 2002), the court held that Petitioner was not entitled to attorney's fees under the Equal Access to Justice Act (EAJA) because the INS approved his naturalization application while the court case was in abeyance rather than as the result of a judicial decree. The court has amended its February 1, 2002, opinion.

Indefinite Detention Unconstitutional
The court in Lin v. Ashcroft, No. 3:01cv1922 (D. Conn. Feb. 2002) ruled as unconstitutional the indefinite detention and ordered a bond determination hearing for a permanent resident who was convicted of an aggravated felony, granted withholding of removal under the Convention Against Torture and is awaiting a decision on the INS's appeal to the Board of Immigration Appeals (BIA).

Automatic Naturalization May Occur Before or After Separation
The court in Bucknor v. Zemski, No.01-3757 (E.D. Penn. Feb. 2002), found that for the automatic naturalization of a child under age 18 "when there has been a legal separation of the parents" does not require that the naturalization occur before or after the separation.

Demjanjuk Citizenship Revoked
In US v. Demjanjuk No. 1:99CV1193 (N.D. Oh. Feb. 22, 2002), the judge issued findings of fact, a supplemental opinion and a judgment revoking the US citizenship of John Demjanjuk for served the Nazi regime during World War II as a "willing" guard at Nazi camps.

Immigration and Naturalization Services Annual Financial Statement
The Office of the Inspector General (OIG) has published the commentary and summary of its audit of the Annual Financial Statement of the INS for the fiscal year ended September 30, 2000.

Data Management Improvement Act Task Force
The INS has released a fact sheet and membership list for the Data Management Improvement Act Task Force (DMIA).

DOJ Press Release on Demjanjuk
The Department of Justice issued a press release about the District Court's ruling that federal prosecutors proved at a two-week trial in May and June 2001 that John Demjanjuk served the Nazi regime during World War II as a "willing" guard at Nazi camps "for more than two years."

Argentina Removed from VWP
The Department of Justice has published in the Federal Register an interim rule and request for comments on the termination of the designation of Argentina as a participant under the Visa Waiver Program (VWP).

Information about CSS, LULAC/Newman and the LIFE Act
Peter Schey, CSS/LULAC Class Counsel, Center for Human Rights and Constitutional Law, provides information for late-amnesty applicants, advocates and lawyers including information on the granting of Plaintiff's motion to amend the complaint in CSS v. Ashcroft, add parties and modify the class definition.

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Immigration in the Press

Farm Labor Union Demands Support for Legalizing Workers
According to the San Diego Union Tribune, Arturo Rodriguez, president of the nation's largest farm labor union, issued a warning to growers yesterday demanding that they support legalization of undocumented workers.

Letters to the Editor

Dear Editor:

Almost a month ago, on January 23rd, in your Editor's Comments you wrote regarding letters to you: "Though writing from different viewpoints the authors seem to be able to agree that people who are working in the US illegally doing jobs most Americans do not want to do and supporting their families instead of looking for help from the government are not necessarily bad people. Yet they are in violation of the law. Current estimates of the number of people in the US illegally and whom the INS is unwilling or unable to find and remove range about 9 million. When that many people, who are not bad people, are in violation of the law, which was not meant to be a bad law, a new solution is needed."

There is no disagreement between this consensus and the Chicago Study reported in your comments of yesterday (February 21, 2002). I am pleased that Rep. Schakowsky commented on the Chicago Study in Congress (Immigration News, same date). It would seem that now is the time to search for a solution to the immigration problem but many of the letters you receive continue to be filled with speculations or to be concerned with a debate on how to label the people who are in our country illegally. These letters revolve mainly around semantics, interpretations and "legalese."

In the history of our language over the years many words have developed different connotations. For example, a child born out of wedlock is a bastard. Bastard is still a good English word. Most of us, however cringe at using this word and regard it as a vulgarism. Few if any of us would label the child of an unwed mother as a bastard. Most would refrain from even labeling such offspring an illegitimate child or a natural baby. We would just call it a baby.

The same can be said for the word, criminal. Yes, in the strictest interpretation, one who violates a criminal law is a criminal. When I hear the word, criminal, I envision someone who has committed murder or has robbed a bank or has done something else of a grave nature. Undocumented immigrants are not criminals in the sense that I picture the word. To me they are not aliens either. "Aliens" to my mind makes me think of a little green creature from outer space. When a non-visiting foreigner crosses our borders, he/she has immigrated (i.e. is an immigrant). If he/she does so without legal papers, he/she is undocumented. So, to me, he/she is an undocumented immigrant. That is the term I use. The Chicago Study employs the same terminology. They are not called criminals in that study. Others may designate such people who are working in our country without papers as they wish. I find it much kinder and considerate to refer to them as undocumented immigrants and I write from personal associations with them.

The important thing is not how we label these people but to find a new solution for the problem that exists of so many people ("who are not bad people") being here in violation of a law ("which was not meant to be a bad law"). The present law is a law that does not work.

Richard E. Baer, D.V.M.

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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 Wednesday March 20, 2002, 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.

The Midwest Legal Immigration Project is continuing its endeavor to provide basic immigration legal training to attorneys and paralegals practicing immigration law, or who wish to begin the practice of immigration law. Our next intensive week long basic legal immigration training seminar is scheduled for May 13-17, 2002, at the Marriott Hotel in downtown Des Moines. The seminar is co-sponsored by the Immigration Legal Resource Center of San Francisco. Successful graduates will receive assistance in applying for BIA accreditation if they wish. The seminar is accredited for 30 hours of CLE and 2 hours ethics for attorneys. The Marriott Hotel is offering sharply discounted rooms for $49/night plus tax. Call 1-800-228-9290 for room reservations and mention the immigration legal training seminar. For more information, call Jim Benzoni at 515-271-5730; fax 515-271-5757; or e-mail

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