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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
Gary Endelman, Esq., Columnist
Joel Stewart, Esq., Columnist
August 7, 2000
Editor's Comments of the Day
Cases of the Day
INS News 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. Correspondence to Letters may be edited and may be published and otherwise used in any medium.

Editor's Comments of the Day

Steven Richards, Esq. of Carroll & Scribner was kind enough to provide to ILW.COM a copy of a decision from the Office of Administrative Appeals overturning the Vermont Service Centers Director's denial of an application for a waiver of the 212(e) two year home residency requirement. We encourage others to share correspondence. For attorneys, it is an opportunity to show our thousands of readers where you have been successful. It is a way to let other attorneys know what arguments have been successful. It also is a way to help foster realistic expectations among employers and aliens by educating them on how certain statutes and regulations are interpreted. If you have correspondence from the INS, the Department of Labor or the Department of State related to immigration, share it. You will be performing a public service. Send to ILW.COM provides the means, you share the wealth.

Cases of the Day

Ninth Circuit Rules that IIRIRA sec. 309(c)(4)(G) Divests the Court of Jurisdiction
In Alfaro-Reyes v. INS, No. 97-70443, (9th Cir. August 3, 2000) the 9th Circuit ruled that IIRIRA sec. 309(c)(4)(G) divests the court of jurisdiction to hear claims of constitutional error on direct appeal from a decision of the Board of Immigration Appeals. The Court determined that in view of the enactment of AEDPA sec. 440(d) Petitioners convicted of controlled substance violations are statutorily ineligible for a discretionary waiver of deportation, but are free to pursue relief by petition for a writ of habeas corpus.

Ninth Circuit Precluded from Hearing Case Under IIRIRA sec. 309(c)(4)(G)
In Luu-Le v. INS, No. 97-70595, (9th Cir. August 3, 2000) the Court held that Luu-Le's conviction for possession of drug paraphernalia under Arizona law was a conviction relating to a controlled substance. Under IIRIRA's transitional rules the Court dismissed the appeal finding that IIRIRA sec. 309(c)(4)(G) precluded the Ninth Circuit from reviewing Board of Immigration Appeals decisions where the Petitioner is ineligible for 212(c) relief.

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Court Lacks Jurisdiction to Order INS to Issue Visa
In El Hindi v. McELroy, No. 99 Civ. 6110, (S.D.N.Y. July 2000) the Plaintiff was denied a visa under the DV lottery because the FBI failed to complete the fingerprint check before the end of the fiscal year. The Court ruled that it lacked jurisdiction to provide Petitioner with a remedy and dismissed the complaint as moot.

INS News of the Day

AAO Remands for Waiver of 212(e)
The Office of Administrative Appeals sustained the appeal of a denial of a request for a waiver of the 212 (e) two-year home residency requirement where there was evidence of the applicant's US citizen spouse's psychological problems, his inability to adapt to foreign cultures and his financial dependence on the applicant.

Immigration News of the Day

Laid-Off Immigrants to Get Help
According to the Dallas News, a review of contracts and Treasury Department regulations led the IRS to request the removal of 13 foreign workers from an IRS project. The company that ran the project said it would not let any of the 13 programmers lose their visas which require them to be continuously employed to stay in the country.

Scare Tactics reports that the Culinary Union alleges the nonunion Rio hotel-casino is engaged in an orchestrated campaign to intimidate new immigrant employees. The union contends that Rio managers are harassing, threatening, demoting, suspending and in some cases firing new immigrants to try to derail union organizing efforts.

ILW.COM Highlights of the Day

INS Forms
Did you know that you could print INS forms on our site? Visit Immigration Forms to download and print.

ILW.COM Chats and Discussions of the Day

Chat with Attorney Kevin Levine
Kevin Levine, Esq., will answer questions on all aspects of immigration law Monday, August 7, 2000, at 9:00 p.m. Eastern Time (2:00 a.m. GMT). Questions will be accepted 15 minutes prior to the start of the chat.

Letters to the Editor

Dear Editor,
The Plight of Undocumented Hispanic Victims of Rape

This is a copy of letter originally sent to the editor of the Anchorage Daily News, Anchorage, Alaska, in the wake of a radio broadcast about the plight of undocumented Hispanic victims of rape:

Dealing with the humiliation, the agony and obscenity of rape must be an excruciating experience. Imagine encountering rape and you can't go to the authorities. (Read the letter here)

Gil Sanchez
Broadcast Journalist
Anchorage, Alaska

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