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Editor's Comments of the Day
Ineffective assistance of counsel is a serious
matter.It is an argument attorneys may
have to rely on when they take over a case in which the Immigration Judge’s
decision was not in the alien’s favor.
In Escobar-Grijalva v. INS, No. 98-71469 (9th Cir.,
June 20, 2000), the 9th Circuit has allowed reason to prevail in
holding that the Board of Immigration Appeals cannot apply the rule that every
ineffective assistance of counsel case must be accompanied by an affidavit
where the administrative record is clear.The real joy of this case is the excerpt of the record from the
Immigration Court. Anyone who has been
in Immigration Court can crack a knowing smile at the exchange leading up to
the Immigration Judge declaring, “I’m really confused now.” Anyone who has not attended an Immigration
hearing can get a sense of the chaos which can reign.There is little humor in immigration law.Take a few minutes to read the case - and
laugh.
Cases of the Day
Ninth Circuit Court of Appeals Finds that the BIA
Erred in Denying Petitioner’s Asylum Claim
In Navas v. INS, No. 98-70363 (9th
Cir., June 20, 2000), the 9th Circuit reversed the
Board of Immigration Appeals’ denial of asylum and withholding of
deportation because the evidence presented “would compel any
reasonable fact finder” to overturn the BIA’s decision.The Court found that the INS did not discharge its burden of
proof in showing a change in country conditions after the petitioner
presented credible evidence of past persecution.
Ninth Circuit Rules Representation by Lawyer Who
Had Never Met Client Prior to Hearing is Denial of Right to Counsel
In Escobar-Grijalva v. INS, No. 98-71469 (9th
Cir., June 20, 2000), the 9th Circuit Court found that the BIA
incorrectly relied on its own precedent of requiring an affidavit in cases of
ineffective assistance.The Court held that there had been a deprivation of the statutory right to counsel since Escobar
did not knowingly and freely consent to her counsel, her counsel was unprepared
and unknowledgeable about the case and the Immigration Judge erred in excluding
several lawyers as possible future counsel.
INS News of the Day
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immigration law from government agencies. Submissions may be published. Please
send to editor@ilw.com.
ILW.COM Featured Article of the Day
ILW.COM invites the submission of articles about immigration law from attorneys, paralegals,
foreign student advisors, human resources personnel, scholars and those whose lives have been effected by
the laws. Please send articles to editor@ilw.com.
Immigration News of the Day
Paralegals Fight Complaints that They’re Misleading Immigrants
According to the Las Vegas Sun, some paralegals
have been taking advantage of the fact that the word notarios means a
legal expert in Mexico but refers to the non-legally trained notary public in
the United States. While the Nevada State Bar Association has taken action
against such paralegals, the paralegals argue that lawyers are trying to
prevent competition.
Across Generations, Hispanic Influx Spreads Through
Remote Arkansas County
Fox News reports on a cultural metamorphosis
happening in De Queen, Arkansas where as many as 4,000 immigrants, most from
Mexico, have nearly doubled the population in a decade.
People Smuggling, Global Scourge
The Christian Science Monitor discusses smuggling and immigration trends in Europe
in light of the tragedy of 58 illegal Chinese who suffocated on a truck.
ILW.COM Highlights of the Day
Tell us About the Events in Your Community
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communication@ilw.com
ILW.COM Chats and Discussions of the Day
Chat with Quynh Nguyen, Esq.
Attorney Quynh Nguyen will answer questions on
all aspects of immigration law on Thursday, June 22, 2000, at 9:00 p.m. ET.
Letters to the Editor
Thank You
Thank you for the subscription to Immigration
Daily. Today's editorial on the tragic lot of smuggled immigrants was right on
target.Also thought the updates on DOL's PERM program were quite timely.
Keep up the good work.
Jeff Margolis
AILA Member (since 1973)
We encourage correspondence on any immigration related matters and comments
on the ILW.COM site. Send letters to editor@ilw.com.
Letters may be edited for clarity, legal and space considerations, and may be published and otherwise used
in any medium.
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