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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
March 8, 2002
Previous Issues

Editor's Comments

The Department of State is amending the provision for automatic revalidation of expired visas for nonimmigrant aliens returning from short visits to other North American countries or adjacent islands to exclude from its benefits aliens who apply for new visas during such visits and aliens who are nationals of Iraq, Iran, Syria, Libya, Sudan, North Korea, and Cuba. The change is effective April 1, 2002. This will mean a change in practice for attorneys who advise their clients travel to consulates in Canada or Mexico to obtain a new visa on the grounds that if the visa is denied the client will still be able to return to the US.

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ILW.COM Featured Article of the Day

The Relationship Between Advance Parole and Unlawful Presence
Sherry L. Neal of Hammond & Associates, LLC, writes cautions that even with Advance Parole leaving the US after having spend been unlawfully present can trigger a bar to admission.

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Immigration News

EAJA Fees Denied in Zambrano
The court in Zambrano v. INS, No. 00-16196 (9th Cir. Mar. 7, 2002), held that a court may not reconsider the issue of subject-matter jurisdiction for purposes of awarding fees under the Equal Access to Justice Act (EAJA) when the underlying action had previously been dismissed for lack of subject matter jurisdiction, and that decision had become final.

Prior Aggravated Felony Need Not be Proven at Trial
In US v. Jones, No. 01-1143 (10th Cir. Mar. 6. 2002), the court ruled that the government was not required to prove during the trial that an alien who had entered the US illegally had been deported subsequent to an aggravated felony simply because it was alleged in the indictment, but that prior aggravated felony could nevertheless be used later as a sentence enhancement.

BIA Allows Motions to Reopen for Marriage Cases
The Board of Immigration Appeals (BIA) in Matter of Velarde 23 I & N Dec. 253 (BIA 2002) found that a properly filed motion to reopen for adjustment of status based on a marriage entered into after the commencement of proceedings may be granted in the exercise of discretion, notwithstanding the pendancy of a visa petition filed on an alien's behalf, where 1) the motion to reopen is timely filed, 2) the motion is no numerically barred by the regulations, 3) the motion is not barred on procedural grounds, 4) clear and convincing evidence is presented indicating a strong likelihood that the marriage is bona fide, and 5) the INS does not oppose the motion or opposed it based on the fact that the visa petition is nor yet adjudicated.

Attorney General Denies Withholding and Relief under CAT
In In re Y-L- 23 I & N Dec. 270 (A.G. 2002), the Attorney General determined that aggravated felonies involving unlawful trafficking in controlled substances are presumptively "particularly serious crimes," and that for withholding under the Convention Against Torture (CAT), the alien must establish that the torture feared would be inflicted by or with the acquiescence of a public official or other person acting in an official capacity.

Change in Automatic Visa Revalidation
The Department of State is amending the provision for automatic revalidation of expired visas for nonimmigrant aliens returning from short visits to other North American countries or adjacent islands to exclude from its benefits aliens who apply for new visas during such visits and aliens who are nationals of Iraq, Iran, Syria, Libya, Sudan, North Korea, and Cuba.

Latest Disciplinary Actions by EOIR
The Executive Office for Immigration Review (EOIR) has reinstated one previously suspended attorney and taken disciplinary action against three others.

Senate Hearing on INS Budget
The Commerce, Justice, State, and the Judiciary Subcommittee of the Senate Appropriations Committee has schedule a hearing proposed budget estimates for fiscal year 2003 for the FBI, INS, and DEA, for 10:00 a.m. on March 21, 2002.

Comment Request on Waiver Form
The INS seeks comments on the I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal.

INS 1999 Statistical Yearbook
The complete INS Statistical Yearbook for 1999 is now available. [Long download].

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Immigration in the Press

USDA Decision Worries Rural Hospitals
According to the Topeka Capital Journal rural hospital officials say their struggle to recruit doctors to sparsely populated communities will worsen under a federal agency's decision to stop seeking waivers that allow foreign physicians to remain after their training in the US.

Letters to the Editor

Dear Editor:

As I have written before, your Editors Comments of January 23 were on the mark. They established a consensus as to what had been agreed upon and defined the problem I had hoped that a next step would bring forward proposals for a possible solution to the undocumented immigrant problem. A solution calls for something that is practical, do-able, that can be accomplished. Continued speculation accomplishes nothing.

I tried in my last letter to put forth something constructive, at least something that could constitute a beginning, a block to build on.
[To read the whole letter, click here].
Richard E. Baer, D.V.M.

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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