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Immigration Daily

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Immigration Daily April 9, 2002
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Editor's Comments

A correspondent recently offered the suggestion that we carry too many cases on illegal entry of aliens, since "these are not of interest to most immigration lawyers." We strive to bring you all the immigration law related news from Congress, the Executive and the Judiciary. We exercise out editorial discretion to determine if a case is related to immigration law, and if it is, we include it in the Daily. There is no uniformity among the websites of the Federal courts. All the Circuit courts make their published opinions available over the Internet, although with varying speed. Some District courts make all their opinions available, some only selected opinions, and some do not yet have any opinions on-line. We will continue to bring you all the immigration law related cases that the courts make available. Within the field of immigration law there are many areas of specialization. Not every case will be of interest to every practitioner. As to whether a particular case is of interest you, we recall Abraham Lincoln's observation that, "For those who like this sort of thing, this is the sort of thing they like."

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ILW.COM Featured Article of the Day

Civil War within the GOP Part II: Why the H-1B Numbers are Coming Down
Gary Endelman writes that the Attorney General is determined to move against immigration in the public arena, and needs a way to do it that will not interfere with, or undercut, the President's electoral logic of attracting Hispanics votes, so he is likely to move against H-1B numbers before October 2003.

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Immigration News

Unannounced Adjournment Does Not Violate Due Process
In Ruckbi v. INS, No. 01-1616 (1st. Cir. Apr. 5, 2002) the court found that the unannounced adjournment of Petitioners hearing precluding him from filing for a waiver of excludability was not a violation of due process because the IJ had determined that Petitioner was not worthy of a favorable exercise of discretion on his adjustment application regardless of whether or not the waiver was granted.

Nine-Year Absence an Abandonment of Green Card
The court in Ahmed v. Ashcroft, No. 98-4105 (2nd Cir. Mar. 29, 2002), the court determined that there was "reasonable, substantial, and probative evidence," that Petitioner, who had been absent from the US for nine years, did not show an intent "to return within a period relatively short, fixed by some event," and so was not a lawful permanent resident returning from a "temporary visit abroad."

Equitable Estoppel No Defense to Illegal Reenty
In US v. Alba, Nos.01-2510 and 01-2907 (3rd Cir. Apr. 8, 2002), the court ruled that the District court had not erred in precluding Defendant from presenting the affirmative defense of entrapment by estoppel to the charge of illegal reentry without permission of the Attorney General, and supported the District court's finding that the facts of the case, including Defendant's "bumbl[ing] his way into this country, present[ing] his green card at Customs and sa[ying] here I am, I think I'm allowed to come in here. . ." removed the case from the heartland of similar cases and meriting a downward departure from the sentencing guidelines.

Hearing on "The Enhanced Border Security and Visa Entry Reform Act"
The Senate Committee on the Judiciary Subcommittee on Immigration is scheduled to hold a hearing on "The Enhanced Border Security and Visa Entry Reform Act," on Friday, April 12, 2002 at 9:00 a.m.

Immigration Hearings in the House
On Tuesday, April 9, 2002, the House Subcommittee on Immigration and Claims will hold an oversight Hearing on "Restructuring the INS - How the Agencys Dysfunctional Structure Impedes the Performance of its Dual Mission." On Wednesday the Committee will markup H.R. 3231, the "Immigration Reform and Accountability Act of 2001."

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Immigration in the Press

New INS Restrictions for Students
According to the Washingto Post Immigration officials tightened visa rules for foreign students and proposed new restrictions that limit the time a tourist or business person may stay in the country.

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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

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