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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Asst. Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
Gary Endelman, Esq., Columnist
Joel Stewart, Esq., Columnist
June 22, 2000
Editor's Comments of the Day
Cases of the Day
Immigration News of the Day
ILW.COM Highlights of the Day
ILW.COM Chats and Discussions of the Day
Letters to the Editor
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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.

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 Judges decision was not in the aliens 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, Im 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 Petitioners 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 BIAs 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

ILW.COM invites the submissions of correspondence about matters of immigration law from government agencies. Submissions may be published. Please send to

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

Immigration News of the Day

Paralegals Fight Complaints that Theyre 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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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 Letters may be edited for clarity, legal and space considerations, and may be published and otherwise used in any medium.

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