• A Note from the Editors: Supreme Court decides that AEDPA and IIRIRA do not eliminate habeas review for aggravated felons
• Ninth Circuit Holds Courts Have Power to Grant Stay of Removal Under IIRIRA by Carl Baldwin
• Foreign Language Requirement in Labor Certifications by Cyrus D Mehta
• Immigrant Children Exceed Expectations; Studies Show That Immigrant Children Are Assimilating by AILF
• Failure to Exhaust Remedies Bars Ninth Circuit Review of Claim of Due Process Violation by Immigration Judge by Carl Baldwin
• Immigrants and Health Insurance: Many Workers in Jobs That Offer No Medical Benefits by AILF

A Note from the Editors:

The Supreme Court has spoken. In INS v. St. Cyr, and the related case of Calcano-Martinez v. INS, the Court made clear that AEDPA and IIRIRA do not eliminate habeas review for aggravated felons. Both were 5 to 4 decisions with Justice Stevens writing for the majority joined by Justices Kennedy, Souter, Ginsburg and Breyer. The majority found that to prevail the INS would have to overcome both the strong presumption in favor of judicial review of administrative action and the longstanding rule requiring a clear and unambiguous statement of congressional intent to repeal habeas jurisdiction. Construing AEDPA and IIRIRA to preclude court review of pure questions of law would give rise to substantial constitutional questions. Concluding that habeas is no longer available for aggravated felons would be a marked departure from historical immigration practice. Finally, the Court found that neither AEDPA nor IIRIRA express a clear and unambiguous intent on the part of congress to eliminate habeas petitions. While the congressional intent was that aliens who have committed crimes be removed from the US quickly, the Court has found that that does not mean that INS actions are not subject to habeas review.

Ninth Circuit Holds Courts Have Power to Grant Stay of Removal Under IIRIRA
Carl R. Baldwin writes that the recent decision in Andreiu v. Ashcroft, No. 99-70274 (9th Cir. June 18, 2001) may not be the final word on whether, under IIRIRA, a court may grant a stay of removal.

Foreign Language Requirement in Labor Certifications
Cyrus D. Mehta writes that requiring a foreign language in a labor certification application may often prove fatal, unless it can be justified through business necessity.