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Immigration Daily

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Immigration Daily September 9, 2002
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Featured Article

H-1B Series: Discussion of the "Specialty Occupation" Standard and Particular Occupational Categories
George N. Lester IV continues the H-1B series by a further discussion on specialty occupations.

ABA Series: A Legal Guide For INS Detainees
The Commission on Immigration Policy, Practice and Pro Bono of the American Bar Association provides the 2nd of 8 parts of its Legal Guide for INS Detainees.

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Immigration Law News

Registration Rule For Certain Aliens
The INS gave notice that registration would now be required for nonimmigrant aliens from Iran, Iraq, Libya, Sudan and Syria.

Colorado Democrat Wants Immigration Services In Justice Department
Speaking in the House of Representatives, Rep. Udall (D-CO) said " It's also true that many of the agencies that will be subsumed by this new department have multiple functions, some of them having nothing to do with security. That's why I think it's right that the bill abolishes the INS and includes its enforcement bureau in the new DHS, while leaving a bureau of immigration services in the Department of Justice."

DOJ Moves To Revoke Citizenship Of Alleged Nazi Concentration Camp Guard
The Department of Justice announced that it had initiated proceedings to revoke the U.S. citizenship of a Dayton, Ohio, man based on his participation in the persecution of Jews and other civilians during 1942 and 1943.

Preliminary Settlement In Escutia v. Reno
In the litigation of Escutia v. Reno No, CV 00-841 (Central District of California), wherein AILF was a Plaintiff, INS issued the judge's order preliminarily approving the settlement agreement, a notice to class members of a coming fairness hearing, and the text of the proposed settlement agreement.

Consular Affairs Bureau Enhances National Security
The Bureau of Consular Affairs of the Department of State issued a fact sheet detailing its initiatives to enhance National Security

Certificate Of No Evidence By INS Supported By INS Agent's Uncontradicted Testimony Is Proof That Attorney General Denied I-212
In US v. Sanchez-Milam, No. 01-21190 (5th Cir. Sep. 5, 2002), the court held that the statement on the Certificate produced by the Government against the Defendant, who was charged with being an alien unlawfully present in the US following deportation after having been convicted of a felony without having obtained the consent of the Attorney General, to the effect that no evidence was found to exist of the granting of permission for admission indicated that the INS's records contained no notification of approval of his application; and that since Defendant made no objection to the INS Agent's testimony that the Certificate reflected the Attorney General's denial, this could not be questioned on appeal.

Almendarez-Torres Not Overruled By Apprendi
In US v. Jack, No. 02-4155 (4th Cir. Sep. 6, 2002), the court said that 8 USC 1326(b) is a sentencing factor rather than a separate offense.

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AR-11s Flood INS
The Washington Post reports "The Immigration and Naturalization Service has been deluged by hundreds of thousands of change-of-address forms after Attorney General John Ashcroft announced the enforcement of a law requiring immigrants to alert the government when they move. The INS says it does not have a system in place to keep up with all the paperwork."

All Undocumented Are Terrorists Say Restrictionists
Newsday of Long Island, New York quotes an anti-immigration restrictionist "Every person who exists in this country who has never been identified -- never had a visa at all, always been illegal -- is a terrorist in the sense that we do not know who they are and they continue to live in a society of secrecy."

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Letters to the Editor

None today.

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. Send Correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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