Cases of the Day

1st Circuit Retains Habeas Jurisdiction
The 1st circuit in Mahadeo v. Reno, No. 99-1687 (1st Cir. Sept. 11, 2000), found that IIRIRA's permanent rules do not divest the federal courts of their traditional jurisdiction to grant writs of habeas corpus. The case was remanded to the district court which had dismissed it for lack of subject matter jurisdiction.

Remand Where Interpreter Incompetent
The circuit court in Amadou v. INS, No. 99-3824 (6th Cir. Sept. 12, 2000), found that Petitioner's right to a full and fair hearing was violated where the interpreter's questionable translation led to an adverse credibility finding.

No Downward Departure in Sentencing for Illegal Aliens
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In US v. Solis-Chavez, No. 99-3234 (8th Cir. Sept. 12, 2000), the circuit court found that the district court did not abuse its discretion by refusing to grant a downward departure on the basis that Appellant would be subject to disparate treatment in prison as an illegal alien, that he was culturally assimilated and the seriousness of his past conduct was overstated.

Court Refuses to Review Final Order of Removal When Alien Has Committed Criminal Offenses
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In Borrero v. INS, No. 00-1532, (8th Cir. Sept.11, 2000), the court refused to hear a petition for review of a final order of the Board of Immigration Appeals dismissing Borrero's appeal of an Immigration Judge's determination that he was ineligible for relief under the Convention Against Torture. Since the Petitioner conceded that he was removable by virtue of his prior state felony convictions the court concluded that it lacked the jurisdiction to review a final order of removal against an alien who is removable by reason of having committed a criminal offense that made him ineligible for admission or was an aggravated felony or involved a controlled substance.

Congressional News of the Day

Mark Up of H.R. 4548, Agricultural Opportunities Act
On September 13, 2000, the House Committee on the Judiciary will mark up H.R. 4548, the "Agricultural Opportunities Act." This bill will establish a pilot program creating a system of registries to provide a sufficient supply temporary agricultural workers, and amend the Immigration and Nationality Act to streamline procedures for the temporary admission and extension of stay of nonimmigrant agricultural workers under the pilot program.

INS News of the Day

INS Juvenile Detention and Shelter Care Program
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A fact sheet released by the INS outlines agency policy regarding the detention of unaccompanied juveniles and INS standards for facilities equipped to house juveniles in INS detention. The fact sheet also states that the INS plans to open a new Family Shelter Care Program to help keep immediate family members together while in INS custody.

INS Reminds Public to Use New Adjustment of Status Form I-485
The INS issues a press release reminding eligible aliens who are seeking to become legal permanent residents and have not yet filed an adjustment of status application that they should use the new Form I-485 (Application to Register Permanent Residence or Adjust Status when submitting their application to the INS. The INS will no longer accept old versions of the form after September 30, 2000.

Immigration News of the Day

High - Tech Cheap Labor
An article by Norman Matloff in the Washington Post reports that computer industry CEOs, claiming a desperate labor shortage, are pressuring Congress to raise the quota for the H-1B work visa. However, while the industry denies its motivation is the hiring of cheap foreign labor, the facts say otherwise.

INS Pledge to Improve Put to the Nanny Test
An article in the Chicago Tribune describes the experience of the writer with the Chicago INS office when he attempts to find out the reason his nanny was denied employment authorization. The House Committee on Immigration and Claims heard complaints about the INS office in Chicago last September and at the hearing the INS promised that favorable changes were underway. In a subsequent article the author describes his seven-hour visit to the INS and comments on the changes that have taken place a year later and changes that still need to take place in the future.