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Immigration Daily

The leading
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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
March 7, 2002
Previous Issues

Editor's Comments

The court in Hoang v. Comfort, No. No. 01-1136 (10th Cir. Mar. 5, 2002), found unconstitutional IIRIRA's requirement that criminal aliens be detained without an opportunity for a bond determination pending administrative removal proceedings. Section 236(c) of the Immigration and Nationality Act was part of IIRIRA enacted in 1996. It directs Attorney General to detain "deportable" criminal aliens following release from their original sentences prior to decisions on their removal from the United States. The constitutionality of this section in the face of a due process challenge has been addressed by numerous courts, with conflicting results. The Seventh Circuit has held that Sec. 236(c) does not violate either substantive or procedural due process. See Parra v. Perryman, 172 F.3d 954, 957 (7th Cir. 1999). The Third Circuit and the Ninth Circuit have held that Sec. 236(c) does violate substantive due process. See Patel v. Zemski, 275 F.3d 299 (3rd Cir. 2001); Kim v. Ziglar, 276 F.3d 523 (9th Cir. 2002). With a split between the circuits, the Supreme Court may be called on to rule on the constitutionality of the mandatory detention provision, but as the Haong court noted, "in the wake of the Court's ruling in Zadvydas, the vitality of the Seventh Circuit's holding in Parra is greatly diminished."

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200,000 Attorney Searches per Year!

Approximately 200,000 searches are made each year for immigration attorneys on ILW.COM. That's almost 400 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 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

Alien Children in INS Custody Are Focus of Sweeping Legislative Reform Proposal
Carl R. Baldwin writes about the "Unaccompanied Alien Child Protection Act of 2001," and the recent Senate hearing about the Act.

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Immigration News

Reasonable Cause to Arrest Alien without a Warrant
In US v. Villa-Velazquez, No. 01-2784 (8th Cir. Mar. 6, 2002, the court found that information from a confidential information with confirmation from the INS that Defendant was in the country illegally after having been deported for an aggravated felony amounted to reasonable cause to arrest Defendant without a warrant. The court has made available the Appellant's brief, and Appellee's brief.

Mandatory Detention Ruled Unconstitutional
The court in Hoang v. Comfort, No. No. 01-1136 (10th Cir. Mar. 5, 2002), found unconstitutional IIRIRA's requirement that criminal aliens be detained pending administrative removal proceedings without an opportunity for a bond determination.

Naturalization Petitions for Children
Rep. Frank introduced H.R. 3846, a bill to authorize the submission of an application for naturalization on behalf of a child by the child's grandparent or legal guardian, if the parent who otherwise would be authorized to submit such application is deceased.

Correction to Removal of Argentina from VWP
The INS has issued a correction to its February 21, 2002, notice removing Argentina from the Visa Waiver Program (VWP).

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Immigration in the Press

Mexican States Launch Their Own Guest Worker Programs for US Companies
The Associated Press reports that Mexican states are helping Mexican workers find work in the US, investigating both companies and workers to make sure both sides keep their side of the bargain, and applying heavy pressure on workers to stay legal.

Letters to the Editor

Dear Editor:

I recently read an article that invited paralegals or attorneys to a course for 4-5 days. Included in the seminar was an opportunity for assistance in filing to become a designated entity with INS. Does anyone know the name of the organization? Thanks.


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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. Willaim 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 inofromation 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