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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
January 25, 2001
Contents:
Editor's Comments of the Day
Federal Register News of the Day
Cases of the Day
Congressional News of the Day
INS News of the Day
ILW.COM Featured Article of the Day
Immigration News of the Day
ILW.COM Highlights of the Day
ILW.COM Chats and Discussions of the Day
Classifieds of the Day
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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. Correspondence to editor@ilw.com. Letters may be edited and may be published and otherwise used in any medium.

Editor's Comments of the Day

A memorandum from Andrew H. Card, Jr., Assistant to the President and Chief of Staff, directs federal agencies to: (1) send no proposed or final regulation to the Federal Register unless and until it is reviewed and approved by a Bush appointee; (2) withdraws regulations that have been sent to the federal register but not yet published; and (3) postpones for 60 days the effective date of regulations that have been published but have not yet taken effect. One regulation effected by this is the Department of Labor's PERM program which would replace the current Alien Labor Certification process. The DOL, which originally planned to have the PERM program in place for FY2001, had indicated that the proposed regulations were ready to submit to the Office of Management and Budget to be cleared for publication in the Federal Register. The long-delayed proposed regulations will now need to wait for the confirmation of an Assistant Secretary of Labor for the Employment and Training Administration and review of the program by that person before they can proceed on their odyssey through the administrative bureaucracy.


Federal Register News of the Day

Bush Administration Review of Regulations
A memorandum from Andrew H. Card, Jr., Assistant to the President and Chief of Staff, directs federal agencies to: (1) send no proposed or final regulation to the Federal Register unless and until it is reviewed and approved by a Bush appointee; (2) withdraws regulations that have been sent to the federal register but not yet published; and (3) postpones for 60 days the effective date of regulations that have been published but have not yet taken effect.

Comments Encouraged for Application for Authorization to Issue Health Care Certificates
The INS encourages and will accept comments on the Application for Authorization to Issue Health Care Certificates, I-905, until March 26, 2001.

Comment Request for Carrier En Route Inspection Request Form
The INS encourages and will accept comments on the Carrier En Route Inspection Request Form, I-896, until March 26, 2001.

Extension of Time for comments on National Interest Waivers; Supplemental Evidence to I-140 and I-485
The INS has extended until February 22, 2001, the period for comments on Supplemental Evidence to I-140 and I-485 for National Interest Waivers.


Cases of the Day

INS Subject to Subpoena in Denial of Asylum
In Kaur v. INS, No. 99-70395 (9th Cir. Jan. 24, 2001), the court agreed with the Petitioner that the Immigration Judge ("IJ") erred when he denied a request for a subpoena requiring the INS to produce resource materials an asylum officer consulted in evaluating the asylum application.

Aggravated Felony a Term of Art
The court in US v. Christopher, No. 00-10899 (11th Cir. Jan. 22, 2001), found the regardless of whether an offense is a misdemeanor under state law, it is as an aggravated felony for purposes of immigration law if it is a theft offense for which the term of imprisonment is at lease one year.

Court Has No Jurisdiction to Review Discretionary Waiver
[You will need Acrobat to read this file]
The court in Ahmed v. Reno, no. 3-00-CV-1728(JCH) (Conn. Jan. 17, 2001), determined that is lacked subject matter jurisdiction to review a decision of the Office of Administrative Appeals denying him a discretionary waiver of inadmissibility.

"Guilty But Mentally Ill" a Conviction for Immigration Purposes
In Salim v. Reno, No. 2000-CV-4603 (E.D.Pa. Jan. 16, 2001), the court found that first degree arson is an aggravated felony for purposes of immigration law, and that a judgement of "guilty but mentally ill" is a conviction for immigration purposes.

Lack of Knowledge of Immigration Consequences Not a Basis to Invalidate Conviction
[You will need Acrobat to read this file]
The court in Taveras-Lopez v. Reno, Ho. CV-00-0236 (M.D.Pa. Dec. 8, 2000), denied a challenge to a removal order on the grounds that the underlying conviction was invalid because Petitioner had not been advised of the deportation consequences of his guilty plea before he entered it.


Congressional News of the Day

Embassy Construction: Better Long-Term Planning Will Enhance Program Decision Making
[You will need Acrobat to read this file]
A report from the General Accounting Office to Jesse Helms, Chairman of the Senate Committee on Foreign Relations, 80% of overseas US Diplomatic facilities lack adequate security and may be vulnerable to attack. The report recommends that the State Department prepare and present to Congress a long-term capital construction plan. [Long Download]


INS News of the Day

Board of Immigration Appeals Begins Issuing Precedent Decisions in Publication Format
The Board of Immigration Appeals ("BIA") has changed the format of its precedent (interim) decisions to match the way they will appear in the bound volumes of Administrative Decisions Under Immigration and Nationality Laws of the United States, and will issue all precedent decisions electronically exactly as they will appear in the bound volume.


ILW.COM Featured Article of the Day

Managing Client Expectations in the 21st Century
Jose E. Latour writes that for immigration practitioners, who deal with diverse cultural attitudes and experiences, adaptation to the new global economy is doubly important.


Immigration News of the Day

A New Plan to Legalize Illegal Workers from Mexico
According to the Christian Science Monitor a group of Senators led by Phil Gramm of Texas is working on a plan that would benefit both the US and Mexico. Labor-intensive US industries like agriculture and construction would have a reliable source of workers, while the workers would have salary, labor-condition, and other rights that as illegals they cannot demand.


ILW.COM Highlights of the Day

California Processing Times
Read latest processing times for California and other service centers.


ILW.COM Chats and Discussions of the Day

Chat with Margaret Stock
Attorney Margaret Stock will answer question on all aspects of immigration law on Thursday, January 25, 2001, at 9:00 p.m. Eastern (New York) time. Questions will be accepted starting 15 minutes before the beginning of the chat.


Classifieds of the Day

ILW.COM carries classified ads for immigration related positions. $100 for single insertion, $250 for five consecutive insertions, payable in advance. Contact us for details. We will also carry for no charge announcements such as immigration related events. We reserve the right to refuse any ad and to make minor editorial and formatting changes. Send to editor@ilw.com.

HELP WANTED: CORPORATE IMMIGRATION PARALEGAL
Fragomen, Del Rey, Bernsen & Loewy is the largest law firm in the country practicing exclusively in the area of immigration and nationality law. In order meet the demands of our growing business, the firm is actively recruiting for experienced paralegals. The ideal candidate has business immigration experience or a human resources background dealing with immigration issues. Must have excellent verbal and written communication skills and be able to perform multiple tasks in a fast-paced environment. The firm offers superior salaries and exceptional growth opportunities. Please submit cover letter and resume to Anne-Rose van den Bossche, Esq., Fragomen, Del Rey, Bernsen, & Loewy, 515 Madison Ave, New York, NY 10022; fax 212-223-8757; email avandenbossche@fragomen.com

CALL FOR PAPERS
The Centre for Refugee Studies invites contributions for an upcoming issue of Refuge dedicated to celebrating the 50th anniversary of the United Nations High Commissioner for Refugees. For details click here.


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