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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
March 18, 2002
Previous Issues

Editor's Comments

The fallout has begun from Monday's notification to a Florida flight school that a change of status had been approved for terrorists Mohamed Atta and Marwan Al-Shehhi. This news came a day after a 60 Minutes highly critical of the INS. President Bush criticized the INS at his press conference on March 13. Reps. Gekas, Duncan and Jackson Lee raised INS's shortcoming on the floor of the House. In response INS Commissioner Ziglar announced personnel changes. For most people at INS the week must seemed like it would never end. But based on the record of the past few years, when people return to work at INS on Monday morning it will still be "business as usual."

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ILW.COM Featured Article of the Day

Buchanan Misses The Mark: Latest Anti-Immigrant Book Doesn't Ring True
A book review by American Immigration Law Foundation (AILF) contributing editor Jim Champagne concludes that Pat Buchanan's book The Death of the West "is a story based on unreasonable fear wrapped cleverly, albeit not neatly, in America's flag, proving that the author was indeed wrong from the start."

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Immigration News

Stop-Time Rule Applies to Pre-IIRIRA Cases
In Sibanda v. INS, No. 97-9512 (10th Cir. Mar. 14, 2002), the court rejected the argument that the stop-time provision in the IIRIRA's transitional rules could possibly apply to all orders to show cause issued before, on, or after IIRIRA's enactment date, because this would require us to overturn cases that became final prior to IIRIRA's enactment.

Rep. Gekas Announces Death of INS
Rep. Gekas, Chairman of the House Immigration Subcommittee, urges his colleagues to join in cosponsoring legislation to split the INS into two agencies anticipating that it will solve all the problems exposed by the recent Atta debacle.

Rep. Jackson Lee's Plan for the INS
According to Rep. Jackson Lee "[w]hat needs to be done is that the INS has to be demanded right now to implement their visa tracking system," and the INS has to be restructured.

Rep. Duncan Cites Civil Service System as Cause of Problems at INS
Rep. Duncan attributes the problems at the INS not to a lack of money, but to "a civil service system that does nothing for good, dedicated employees, but protects lazy or incompetent ones."

Preserving Immigration Benefits under the USA PATRIOT Act
A March 8, 2002, memorandum from Michael Pearson, Executive Associate Commissioner, Office of Field Operations, has as an attachment a January 31, 2002, memorandum titled "Procedures for Preserving Immigration Benefits for Victims of Terrorism."

Personnel Changes at INS
INS Commissioner Ziglar announced that in response to the recent breakdown in communication at the INS Renee Harris has been named the Acting Director for International Affairs, Johnny Williams has been named Executive Associate Commissioner for Field Operations, Janis Sposato has been named the Assistant Deputy Executive Associate Commissioner for Immigration Services, and Michael Cronin has been named the Assistant Commissioner for Inspections.

Comment on N-400
The INS seeks comments on form N-400, Application for Naturalization.

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Immigration in the Press

An Unusual Advocate Tries Pitch in Mexico
The Los Angeles Times reports that when Mexican President Vicente Fox meets a group of US residents in Mexico this week among them will be Carlos Olamendi who wants immigrants like himself to have the right to vote in Mexican elections and to be able to cross the border freely, but opposes government assistance, such as welfare or housing subsidies, to immigrants and others


Chat with Mitch Berenson
Attorney Mitch Berenson will answer questions on all aspects of immigration law on Monday, March 18, 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:

Mr. (or Ms.) Sushil Babu's letter of March 15 has not added anything new to the debate on 245(i), but has simply repeated the same criticisms that many restrictionists have propounded for years. As an immigration practitioner, I can assure the writer that I do not 'condone' illegal activity, but it is one thing to overstay or otherwise violate a non-immigrant visa (which happens inadvertently to many individuals who are not schooled in the intricacies of I-94s, extension requests, underlying visa terms, etc.) and another entirely to say, as did Mr. Connor Robertson, that they are of a lesser quality than those who 'wait patiently' to process abroad.
[To read the whole letter, click here].

Christine Flowers

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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.

"WHAT GOES UP, MUST COME DOWN!" A Business Immigration Seminar specifically designed for Corporate Immigration Personnel and Immigration Attorneys. Thursday, April 11, 2002, from 9:30 a.m. - 4:00 p.m. Cadence Design Systems, Inc. - The Pebble Beach Room 2655 Seely Avenue (near River Oak Drive), Bldg. #5, San Jose, CA. For details and registration form 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