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Immigration Daily

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Immigration Daily July 10, 2002
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Editor's Comments

Today's Immigration Daily has nine cases. We have been running a few days behind on cases and expect to be fully caught up within a few days.


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Featured Article

Department of Justice Deserves Kudos for Cracking Down on Traffickers Exploiting Immigrant Workers
Carl R. Baldwin writes that while "it is heartening to see the Department of Justice fighting to protect the human rights of undocumented foreign workers[, i]t is a pity that it is not fighting with equal fervor to protect the liberty interests of the undocumented immigrants swept up in the post 9/11 dragnet."

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Immigration Law News

TPS For El Salvadorans Extended
The Department of Justice (DOJ) announced "an extension of Temporary Protected Status (TPS) for El Salvador for a period of 12 months until September 9, 2003. This TPS extension, which covers more than 260,000 Salvadoran registrants, is effective September 9, 2002 and will remain in effect until September 9, 2003." DOJ issued a press release and a fact sheet.

INS Proposes Rule For Certain Aliens From Vietnam, Cambodia And Laos
The INS proposed a rule "to amend the Department of Justice regulations to provide for the adjustment of status to that of lawful permanent resident for certain aliens from Vietnam, Cambodia, and Laos. [The] rule proposes to add regulations governing eligibility, evidence, and application and adjudication procedures, and also to add a new section in the regulations that lists the types of evidence an alien may use to demonstrate his or her physical presence in the United States on a specific date. [The] rule proposes a general amendment to the regulatory standards for waivers of the criminal grounds of inadmissibility under section 212(h) of the Act.

April 1, 1990 Cutoff For NACARA Relief For Salvadorans Meets Rational Basis Test
In Hernandez-Mesquita v. Ashcroft, No. 01-70112 (9th Cir. Jun. 20, 2002), the court said that the April 1, 1990 filing requirement imposed by the Nicaraguan Adjustment and Central American Relief Act for filing an asylum application by Salvadorans has a rational basis and denied the Petition for Review.

9 Months In A Year In The US Is US Residency For Derivative Citizenship Under 1952 Statute
In Alcarez-Garcia v. Ashcroft, No. 00-70635 (9th Cir. Jun. 20, 2002), the court held that "the fact the Petitioner's father spent nearly three quarters of his life during [1943-1952] living and working in the US demonstrates that the US was his principal place of dwelling" and said that under applicable Supreme Court precedent, intent was not relevant in determining residency (defined for these purposes as place of general abode or principal place of dwelling) and that Petitioner thus met part of the test for claiming derivative citizenship through his citizen father under applicable law at the time of birth.

Harboring Alien Is Aggravated Felony
In Patel v. Ashcroft, No. 01-3365 (3rd Cir. Jun. 20, 2002), the court held harboring an alien in violation of INA section 274(a)(1)(A)(iii) is an aggravated felony.

INS Civil Interview And Local Police Routine Booking Questions Are Not Subject To Miranda
In US v. Salgado, No. 00-50346 (9th Cir. Jun. 21, 2002), the court held that questions regarding birthplace and citizenship asked of Defendant at a State jail by an INS agent handling civil investigation matters and routine booking information asked by an arresting local police officer were not custodial interrogation subject to Miranda.

Almendarez-Torres Controls
In US v. Ramirez-Dimas, No. 02-4045 (4th Cir. Jun. 21, 2002), the court said that Defendant's prior felony convictions pursuant to which he was deported were not an element of the offense of unlawful reentry of a deported alien after conviction of an aggravated felony.

No Jurisdiction To Review Untimely Filed Petition For Review
In Wordafa v. INS, No. 01-1920 (4th Cir. Jun. 24, 2002), the court amended its Jun. 18th opinion and said that it did not have jurisdiction to review an untimely filed petition for review of an order of the Board of Immigration Appeals (BIA) and that the BIA did not abuse its discretion in denying Petitioner's motion to reopen.

Apprendi Preserves Almendarez-Torres
In US v. Hernandez-Martinez, No. 01-4236 (10th Cir. Jun. 25, 2002), the court said that the Supreme Court holding in Apprendi preserved its holding in Almendarez-Torres that a prior conviction may be used to increase a sentence even if it is not presented to the jury.

Apprendi Does Not Over-Rule Almendarez-Torres
In US v. Garcia-Castillo, No. 01-4235 (10th Cir. Jun. 25, 2002), the court said that existence of a prior conviction was merely a sentencing factor, not a separate element of the offense of illegal reentry following deportation as an aggravated felon.

Admission Of Marijuana Use To Doctor In Philippines Is Ground Of Inadmissibility
In Pazcoguin v. Radcliffe, No. 00-70595 (9th Cir. Jun. 25, 2002), the court held that Petitioner's admission in the Philippines to a doctor that he used marijuana constituted the essential elements of a crime prohibited under Philippines law, and that this admission was not rendered invalid due to the doctor's failure to provide the Petitioner with a definition and the essential elements of the subject offense, and said that it would not disturb the classification of Congress which excludes aliens such as Petitioner despite the pain this may cause his mother.

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INS, FBI Target Jewelry Store Chain
The Philadelphia Inquirer reports on "a nationwide sweep of immigrant-run jewelry stores launched two weeks ago by federal investigators."

Exit Checkpoints Opposed
The Buffalo News quotes the CEO of the Buffalo Niagara Partnership saying "it is a slap in the face to hundreds of years of history to require Canadian citizens to undergo examination and verification of their identities to American customs agents when exiting the United States."

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Letters to the Editor

Dear Editor:
It is left to an immigration officer at the port of entry whether to admit a person holding a visa waiver I-94. Surely, a Consular officer is in the best position to decide if the visa applicant is likely to overstay, and based on local knowledge, whether the person could be a security risk. Why not abandon the program ? What is its usefulness ? The most common question asked of a potential visitor to the U.S. is "What is the purpose of your visit?" It would be interesting to know the reason for the visit of Saudi foreign office officials to the Saudi terrorists currently held in Guantanamo. Did a Consular officer interview them ?


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Editorial Advisory Board
Marc Ellis, Gary Endelman

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