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Immigration Daily

The leading
immigration law
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Immigration LLC.

Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
March 6, 2002
Previous Issues

Editor's Comments

The February numbers are in. The most popular articles for the month of February were:

  1. The "Mismatch Letter" Is in the Mail: The Social Security Administration Ramps Up Its Warnings to Employers (Parts I and II) by J. Ira Burkemper
  2. September 11 Ushers in a New Era in Immigration Law and Practice by Angelo A. Paparelli
  3. Conditional Residents May Seek Naturalization While I-751 is Pending by Cyrus D. Mehta
  4. In Your Face With the Regs - 245(i), Where Art Thou? by Jose Latour
  5. Not All H-1Bs Are Created Equal" by Gary Endelman
Also very popular were:

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ILW.COM Featured Article of the Day

USDA Terminates Support of J-1 Waivers
Carl Shusterman writes about the recent decision of the Department of Agriculture (USDA) to terminate its program permitting International Medical Graduates (IMGs) who have completed medical residencies and/or fellowships in the US to practice in medically-underserved rural areas in exchange for a waiver of the home residency requirement.

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Immigration News

Extreme Hardship a Discretionary Decision
In Kalkouli v. Ashcroft, No. 00-4145 (2nd Cir. Mar. 1, 2002), the court held that the determination as to whether an alien is eligible for suspension of deportation by reason of extreme hardship is a discretionary decision under the IIRIRA transitional rules, and therefore may not be appealed to the Court of Appeals.

INS Agent May Testify about Ports of Entry
The court in US v. Casseus, No. 00-2803 (3rd Cir. Mar. 5, 2002), determined that the District Court did not err by admitting the testimony of an INS agent that the beach where Defendant landed a boat carrying illegal aliens was not a designated port of entry.

Search of Suspect is Routine Border Search
In US v. Tsai, No. 00-10483 (9th Cir. Mar. 5, 2002), the court found that the search of luggage at an airport of someone suspected of alien smuggling was within the category of routine border searches for which the Fourth Amendment requires neither individualized suspicion not a warrant.

No Review of IIRIRA's Retroactive Effects
The court in Brooks v. Ashcroft, No. 99-2415 (11th Cir. Mar. 1, 2002), found it had no jurisdiction to review the removal order of an alien convicted of an aggravated felony, and found no merit in Petitioner's argument that IIRIRA's retroactive effect violated Sixth Amendment and Equal Protection rights.

Court Orders INS to Return Alien to US
In Dennis v. INS, No. 3:01 CV 279 (SRU), (D. Conn. Feb. 2002), where the INS removed Petitioner despite representing to the court that it would provide at least fifteen days' notice before removal, the court ordered the INS to return Petitioner to the US.

Previous Deportation Suppressed After Illegal Reentry
The court in US v. Diaz-Nin, Crim. No. 2000-746 (D. Vir. Is. Feb. 2002), held the government could not rely on a previous deportation order in prosecuting Petitioner for illegal entry after deportation because Petitioner demonstrated that she had exhausted administrative remedies to seek relief from deportation, that the deportation proceedings improperly deprived her of the opportunity for judicial review and that the entry of her deportation order was fundamentally unfair.

Family Sponsor Bill Goes to President
The Clerk of the House reported that on March 1, 2002 he presented to the President of the United States, for his approval H.R. 1892, a bill to provide for the acceptance of an affidavit of support from another eligible sponsor if the original sponsor has died and the Attorney General has determined for humanitarian reasons that the original sponsor's classification petition should not be revoked.

Rep. Riley Would Have Supported Family Sponsor Bill
Rep. Riley, had he been present would have voted yes on H.R. 1892, a bill to provide for the acceptance of an affidavit of support from another eligible sponsor if the original sponsor has died and the Attorney General has determined for humanitarian reasons that the original sponsor's classification petition should not be revoked.

Sen. Bingaman Honors Korean Immigration
Sen. Bingaman was added as a cosponsor to S. Res. 185, a resolution recognizing the historical significance of the 100th anniversary of Korean immigration to the United States.

1st Quarter FY 2002 H-1B Processing
The INS reports that during the first quarter of the current fiscal year, from October 1, 2001, to December 31, 2001, approximately 28,000 H-1B petitions had been approved against the 195,000 limit for FY 2002, and an estimated 18,000 petitions that may be counted against the H-1B cap are pending

Immigrants, FY2000
The INs has released the chapter on immigrants from the forthcoming 2000 Statistical Yearbook of the Immigration and Naturalization Service with figures on the number and characteristics of people who came to the US for permanent residence including those arriving with that status and those adjusting after entry.

Comment Request on Waiver Form
The INS has published a request for comments on the I-193, Application for waiver of passport and/or visa.

Extension of Comment Period on Work Authorization Form
The INS has extended for 30 days the comment period on the I-765, Employment Authorization Document.

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Immigration in the Press

Federal Judge to Review Ban on Open Hearing for Muslim Detainee reports that a man detained on immigration charges after September 11 has persuaded a federal judge to review a national directive that closes deportation proceedings to the press and the public.

ILW.COM Chats and Discussions of the Day

Chat with Marshall Cohen
Marshall Cohen will answers questions on all aspects of immigration law on Wednesday, March 6, 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:

It's interesting that in one sentence Ms. Villaronga talks about the "honesty" of the illegal Mexican immigrants, but then in a following one, says they pay Social Security, even if they don't get benefits from it. If they are paying social security, then in all likelihood these illegal immigrants are also committing fraud by using someone else's identity, or by fraudulently obtaining a social security number. These are hardly the actions of "honest" people.

I'm also very sure that the employers in her town "couldn't do without" the cheap labor of those illegal immigrants. They might actually have to pay a decent wage and benefits to legal workers, instead of relying on taxpayers to pick up the slack as they can with illegal workers.

Ali Alexander

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For information on advertising in the classifieds please click here.

Genelex has more than a decade of experience with the complexities of DNA testing for the establishment of citizenship rights. In addition to many INS cases, we've resolved high profile international cases such as the Larry Hillblom estate and remains identifications that have allowed us to build relationships with US and foreign agencies worldwide. Contact us today to set up testing or to have free information sent. Join our referral network and your clients will receive a 5% discount. For immediate consultation Call 800-TEST-DNA Hours 6:30 AM to 5:00 PM PST fax 425-825-1870, e-mail:, Free, Nationwide Immigration Attorney Directory. Many clients who contact us for parentage testing are also looking for an immigration attorney in their area of the country. Join Genelex's on-line Immigration Law Directory to direct these clients to your firm. Joining is easy: 1. E-mail your practice information to including a brief description of your services. 2. If your practice has an Internet site, provide a link back to our parentage testing site at 3. Increase the information value of your web site by linking to the parentage testing chapter of DNA in the Courtroom: A Trial Watcher's Guide at

Whittier Law School in Costa Mesa, CA is hosting the 19th Annual International Law Symposium entitled "Crossing National Borders: Immigration Law & Policy in the 21st Century," March 8th and 9th. For details, click here. [Long Download].

The Fed. Bar Assoc. will be having its 2d Annual Immigration Seminar on Law and Procedure on March 11, 2002 at 5:00 p.m.-9:50 p.m.. It will be located at 530 Fifth Avenue, 7th Floor, NY, NY. Speakers will include Hon. Margaret McManus (EOIR, NY), Cathy Marks (Chief, Immigration Unit, US Attorneys Off., SDNY), Jonathon Sack(Chief, Civil Div., US Attorneys Off., SDNY), Frederick W. Strasser (Proskauer & Rose LLP), Hon. Alan Vomacka, (EOIR, NY), Michael DiRaimondo (Private Practice,NY), Hon. William Strasser (EOIR, NJ). There will be remarks by M. Barry Levy (Pres., Empire State Chapter, Federal Bar Association) and by Amy Gell (Chairman, Immigration Law Comm., Empire State Chapter, Federal Bar Assoc.) This course is good for four credits. For further information please contact Amy Gell (212) 619 2859 or Hon. William Strasser (973) 645-3525.

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