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Immigration Daily

The leading
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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
March 29, 2002
Previous Issues

Editor's Comments

ILW.COM has made some important changes to the website. We have replaced the job site banners with banners for the attorney directory. We have done this for two reasons. It will make it easier for site visitors who determine that the need help to find an attorney. It will provide more referrals for attorney site members. This change allows us to focus on our core competency which is as the hub for the exchange of information on immigration law.

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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

Adoption Scandal in Cambodia Prompted INS and DOS to Suspend Adoption Processing There
Carl R. Baldwin writes about the reasons for INS's suspension of processing Cambodian adoptions, and why it will be difficult to lift the ban.

Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here:

Immigration News

Incompetent Pro Se Representation Is Not Ineffective Assistance of Counsel
In Stuart v. INS, No. 01-CV-0216E(Sr) (W.D.N.Y., Jan. 7, 2002), the court dismissed Petitioner's claim that because he lacked the necessary legal training, his self-representation was ineffective, and since there is no right to counsel in civil proceedings there can be no constitutional violation predicated upon the ineffective assistance of counsel.

Cancellation of Removal Unavailable Where Offense and Conviction Straddle AEDPA and IIRIRA
The court in Pemberton v. Ashcroft, No. 00-CV-0581E(Sr) (W.D.N.Y, Jan. 10, 2002), determined that cancellation of removal is unavailable to an alien who was convicted after the enactment of AEDPA and IIRIRA, even if the underlying offense was committed prior to their enactment, and that for the purposes of cancellation of removal an alien's period of continuous residence terminates on the date of committing the offense.

Res Judicata Applies Even When IJ and BIA Were Incorrect
In Digrado v. Ashcroft, No. 9:01-CV-1359 (N.D.N.Y., Feb. 8, 2002), the court ruled that the doctrine of res judicata precluded Petitioner from relitigating his deportation case despite the fact that the Immigration Judge (IJ) and the Board of Immigration Appeals (BIA) had misapplied the law in light of the Supreme Court's later decision in St. Cyr.

Filing for Adjustment Does not Toll Time for Voluntary Departure
The court in Etghana v. Ashcroft, No. 3:02-CV-102-S (W.D.Ky., Mar. 20, 2002), found that where Plaintiffs's requested voluntary departure then married and filed for adjustment of status, the adjustment application did not toll the voluntary departure periods so after their expirations the self-executing alternate orders of removal became operative.

Ashcroft Swears in 3,000 New Citizens
At a citizenship ceremony where Attorney General Ashcroft swore in 3,000 new US citizens, President Bush, through a video message, said: "with a single oath, all at once, you became as fully American as the most direct descendants of the Founding Fathers."

Changes in Consular Fees
The Department of State has proposed changes in the Schedule of Fees for Consular Services technical changes concerning passport fees to ensure that the costs of consular services are recovered through user fees to the maximum extent appropriate and permitted by law and to make the the Schedule of Fees easier to read and understand

Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info:

Immigration in the Press

U.S. Weighs the Fate of Child Immigrants>
The New York Times [registration required] reports that while the INS says it works with nonprofit organizations and public agencies to place the nearly 5,000 unaccompanied children who arrive in the US in the least restrictive setting possible, many are sent to jails for months at a time without access to critical services.

Ashcroft Sees New, Improved Immigration Agency
According to the New York Times [registration required] , Attorney General Ashcroft said the INS, under fire for missteps in the wake of the September 11 attacks, is reorganizing in a way that will boost its performance so much it will be unrecognizable from today's beleaguered version.

Letters to the Editor

Dear Editor:

I just finished listening to National Public Radio's report on the fiasco with September 11 terrorist Mohammed Atta's visa. The gist of the report was that INS and its agents did nothing wrong in admitting Mohammed Atta to the United States or in processing Atta's visa. According to the report, Atta came into the U.S. from Spain without a valid visa, but an INS agent at secondary inspection in Miami admitted Atta anyway, apparently because on a previous trip to the United States, Atta had filed a petition to change his status from B-2 to M-1. According to the report, Atta didn't have a valid visa in his possession, but had a form showing that on his previous visit he had filed an M-1 change of status petition. During the report, one can hear Commissioner Ziglar apparently confirming that INS procedures and regulations allow INS to admit a B-2 tourist, without a valid visa, if the person has an M-1 change of status petition pending from a previous visit. Commissioner Ziglar comments on INS's actions in admitting Atta, stating "If a status change application has been filed, that is treated as not making you in an illegal situation, and it also doesn't trigger the withdrawing of the visa, as I understand it from the State Department." I was interested to hear Commissioner Ziglar's comments, because it has not been my experience that INS typically allows the procedure described in the NPR report. In fact, in my experience, if someone files a change of status petition and then departs the country, INS normally considers that application abandoned, and INS agents certainly don't usually allow aliens into the United States on tourist visas if they have documented intent to attend school, unless they have a B-2 prospective student visa. I am curious if other readers have had similar experiences. I would also be very interested to learn who at INS is educating Mr. Ziglar about INS procedures. It seems to be a shame that the new INS Commissioner seems to have been given inaccurate information about his own agency's procedures.

Margaret D. Stock, Attorney
Anchorage, AK

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For information on advertising in the classifieds please 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