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Immigration Daily

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Immigration Daily October 1, 2002
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Editor's Comments

Processing Times have been updated. Several forms on our forms page have also been updated.


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Featured Article

Immigrants Are Ever More Crucial After 9/11
Cyrus D. Mehta writes "Since the September 11 attacks, many have formed the misguided opinion that immigration has to be curbed to make America safer. Nothing could be further from the truth. Immigration is not synonymous with terrorism. Fortunately, our elected leaders, including the President, have conveyed this message most emphatically. We must continuously be reminded that America remains a nation of immigrants. The reason for its robustness, economic power and leadership in the world is because of its immigrants contributions."

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Immigration Law News

INS Publishes List Of Ports For Exit Of Registered Aliens
INS published a notice providing a list of ports through which nonimmigrant aliens who have been specially registered may depart from the United States.

IJ/BIA Findings Stand Absent Compelling Reason To Reverse
In Velasquez v. Ashcroft, No. 01-1741 (1st Cir. Sep. 30, 2002), the court found that the Immigration Judge and the Board of Immigration Appeals, after carefully considering a great deal of evidence, had concluded that Petitioners had not met their burden in establishing past persecution in Guatemala or a well-founded fear of future persecution in that country, and found that since there existed no compelling evidence to the contrary, the court would defer to that conclusion. The court also agreed with the INS that the court lacked the power to reinstate the grant of voluntary departure.

Counsel Not Ineffective For Failing To Prognosticate Congressional Action On Sentencing Guidelines Nor For Not Moving For Continuance When So Moving Would Still Result In Same Sentence
In US v. Briceno-Rodriguez, No. 01-2609 (3rd Cir. Sep. 30, 2002), the court decided Defendant's claim of ineffective assistance of counsel and said that proposed amendments to the Sentencing Guidelines do not provide independent legal authority for a downward departure, and said that Defendant did not suffer any prejudice even had his counsel moved for a continuance until after the amended guidelines took effect.

Tactical Decision With Possible Positive Outcome Is Not Ineffective Assistance Of Counsel
In Qureshi v. Ashcroft, Nos. 01-2558 and 01-4399 (3rd Cir. Sep. 30, 2002), the court said that a tactical decision by Petitioner's former counsel that could have resulted in a positive outcome was not ineffective assistance of counsel and also said that while it was concerned that the INS would allow Petitioner's applications for adjustment of status to linger unresolved for nine years, the power to approve such applications lay with the INS District Director, not the Immigration Judge or the Board of Immigration Appeals.

Court Paves Way For Deportation Of 2 Convcited Terrorists For Acts Committed In Their Youth And Who Have Lived Exemplary Lives And Have Become Pillars Of Communities
In US v. Hovsepian, Nos. 99-50041, 99-56922 and 01-55247 (9th Cir. Sep. 30, 2002), the court considered the issue whether a federal district court may grant citizenship to resident aliens whose applications were rejected by the INS in part because of their past terrorist activities, and reversed the district court's grant of Defendant's Rule 35 motion, its entry of an order expunging the applicants' convictions, and also vacated the district court's injunction requiring the INS to treat Defendant under the immigration laws as they existed in 1985, and reversed the district court's order naturalizing the applicants.

Attorney General Ashcroft Says We Are All Americans Regardless Of National Origin
In the occasion of National Hispanic Heritage Month, Attorney General Ashcroft remarked "In the days following September 11, few people distinguished themselves as Hispanic Americans or Irish Americans or Japanese Americans. In that time of national crisis, we drew together as one nation, because no matter what our national origin, we are all Americans. All of us have found freedom and opportunity in America, because America is a culture that respects the freedom, the dignity and the rights of every person. America's strength lies not just in its diversity, but also in its unity."

BIA Says Connecticut Third Degree Assault Is Aggravated Felony
In re Martin, No. 23 I&N Dec. 491 (BIA, Sep. 26, 2002), the Board of Immigration Appeals said that the Connecticut offense of third-degree assault which involves the intentional infliction of physical injury upon another is a crime of violence and therefore an aggravated felony.

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GOP Support Erodes For Rep. Tancredo
The Denver Post reports "Political analysts say that in the two weeks since Tancredo's intercession became public, initial GOP support for the lawmaker has eroded under a growing sense that the case is damaging the party's hopes of attracting Hispanic voters."

Immigration Lawyer Indicted
The Washington Post reports that a lawyer was indicted in connection with immigration cases and that his associate pleaded guilty last month to one count each of conspiracy, labor certification fraud and money laundering.

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Letters to the Editor

Dear Editor:
I respectfully disagree with Mr. Pablo Jaramillo's letter to the editor congratulating ILW.COM for not mentioning Tancredo for two days. It is important for immigration advocates to know exactly what people like Tancredo are saying and doing so that we can respond accordingly. We must know our adversaries in order to defeat them.

Elizabeth Edwards-Jones

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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