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Editor's Comments of the Day
States v. Zapata, No. 99-50156 (5th Cir. May
19, 2000), the Fifth Circuit upheld as Constitutional
the stop and search of a vehicle by Border Patrol Agents.
The van was traveling approximately 24 miles north of
the border with Mexico on a road which did not have an
immigration checkpoint. The van was traveling at a normal
speed and the Border Patrol had not issued any reports
of suspicious activity. Despite the seeming law-abiding
behavior of the driver the Border Patrol agent made a
u-turn, followed the ban and put on his high beams. The
van slowed and had difficulty maintaining its lane which
indicated to the agent that the driver was nervous and
"possibly looking in the rear view mirror to see who's
behind him." When the agent observed several slumped bodies
in the van he pulled it over. The court considered it
a close issue, but concluded that under the totality of
the facts and the circumstances, the agent had reasonable
suspicion to stop the van. The reward for being an observant
driver in Texas? A stop by the Border Patrol.
Federal Register News of the Day
TPS for Kosovo to End
Temporary Protected Status for Kosovo will end effective December 8, 2000. Those who currently hold TPS must re-register between May 23, 2000, and June 22, 2000.
Cases of the Day
Articulable Facts Required for Border Patrol Stop
In United States v. Zapata, No. 99-50156 (5th Cir. May 19, 2000), the Fifth Circuit reiterated the specific articulable facts that reasonable warrant suspicion that a vehicle is involved in illegal activity for purposes of a stop by Border Patrol Agents.
BIA Erred in Relying on Country Reports
The Seventh Circuit found in Galina v. INS no. 99-3836 (7th Cir. May 22, 2000), that the Board of Immigration Appeals erred when it relied solely on the State Department's Country Reports to rebut the alien's presumed well-founded fear of persecution.
Immigration Judge Must Make Clear Irrevocable Waiver of Right to Appeal
[you need Acrobat to read this pdf file]
In In re Rodriguez-Diaz (Int. Dec. 3431, May 18, 2000), the Board of Immigration Appeals held that an un-represented alien who accepts an Immigration Judge's decision as "final" does not effectively waive the right to appeal where the Immigration Judge failed to make clear that such acceptance constitutes an irrevocable waiver of appeal rights.
DOL News of the Day
[you need Acrobat to read these pdf files]
DOL Issues GAL 1-00 on Availability and Use of OES Statistics
The Department of Labor has issued its General Administration Letter 1-00 to all State Employment Security Agencies regarding the availability
and use of occupational employment statistics survey data for alien labor certification prevailing wage purposes.
GAL 1-00 Attachment A
GAL 1-00 Attachment B
ILW.COM Featured Article of the Day
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Immigration News of the Day
AILA Sues INS: Let Our Healthcare Workers In
U.S. Newswire reports that the American Immigration (AILF) today filed suit against the Immigration and Naturalization Service seeking regulations that would allow thousands of healthcare workers to become permanent residents.
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