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Editor's Comments of the Day
According to an article in the Memphis Commercial Appeal thieves target immigrants because they think most of them are illegal
and, therefore, don't have bank accounts and carry cash around. Exacerbating the problem, many Hispanics are unlikely to
report crime because they fear the federal Immigration and Naturalization Service, police brutality or not being able to
communicate in English. Memphis is trying to attack both sides of the problem. Banks are using the Spanish media to let
people know they can open bank accounts with a taxpayer ID number if they do not have a social security number. The police
are actively recruiting more Hispanic officers and meeting with community leaders to assure them that the department's goal
is to reduce crime, not act as an enforcement arm for the INS. Simply because a person is present in the United States
without the knowledge or approval of the INS does not mean he should be subject to a greater fear for his safety, or his life.
Federal Register News of the Day
Comment Request for Form I-589, Application for Asylum and for Withholding of Removal
The Asylum Division of the INS has requested comments on Form I-589, Application for Asylum and for Withholding of Removal.
Information collected on this form is used to determine whether an alien applying in the US for asylum and/or withholding
of removal is classifiable as a refugee, or eligible for protection under the Convention Against Torture, and therefore
eligible to remain in the United States. Comments will be accepted until October 6, 2000.
Comment Request for Form I-94A OT, Arrival Record
The Inspections Division of the INS has requested comments on Form I-94A OT, Arrival Record. The information collected is
captured electronically as part of a pilot program established by the INS. It will be used to document an alien's arrival
and departure to and from the US and may be evidence of registration under certain provisions of the INA. Comments will be
accepted until October 6, 2000.
Cases of the Day
Seventh Circuit Rules that INS Did Not Violate IRCA's Confidentiality Provision
In Arreola-Arellano v. INS, No. 99-4112, (7th Cir. August 3, 2000)
the Court affirmed the Board of Immigration Appeal's decision.
The Court found that the INS had not violated IRCA's confidentiality provision as the sequence of events showed that they
had charged the alien with deportation before looking at his legalization application.
"Payment" Can Refer to Something Besides Money and District Court Cannot Impose Tolling Conditions
[You need Acrobat to read this file.]
The 8th Circuit in United States v. Juan-Manuel, No. 99-224, (8th Cir. August 3, 2000) agreed with the District Court that the
defendant's expectation to receive forgiveness of a debt for his own smuggling in exchange for transporting other aliens
qualified as payment and defendant was not entitled to a three-level reduction under the sentencing guidelines. The Court
determined that supervised release could not be tolled during any time the defendant was outside the United States or illegally
within the country with his whereabouts unknown to the probation office.
Possession of a Counterfeit Obligation is an Aggravated Felony
In Albillo-Figueroa v. INS, No. 98-71239, (9th Cir. August 4, 2000) the Court upheld the Board of Immigration Appeal's
determination that a conviction for possession of counterfeit currency is an offense "relating to counterfeiting," and so
an aggravated felony. Since petitioner had been convicted of an aggravated felony the Court lacked jurisdiction to hear
the appeal
No Due Process Right to Judicial Review
In Escalera v. INS, No. 99-9512, (10th Cir. August 1, 2000), the 10th Circuit found that under the transitional rules of IIRIRA
it did not have jurisdiction to hear the Petitioner's case because it had commenced before April 1, 1997 and the final order
was entered after October 30, 1996. The Court found that the statute was jurisdictional and rejected the claim that the
alien had a due process right to judicial review.
Immigration News of the Day
The INS Mess
An opinion piece in the Washington Post offers an example of the INS inefficiency and calls for the allocation of additional
funds to eliminate the current processing backlogs.
Hispanics Unlikely to Report Crime, Police Say
According to the Memphis Commercial Appeal many Hispanics are unlikely to report crime because they fear the federal Immigration
and Naturalization Service, police brutality or not being able to communicate in English. In an effort to convey the
message that their priority is fighting crime and not reporting people to the INS, Memphis police are increasing the number of
Hispanics on the force and meeting with community leaders.
ILW.COM Highlights of the Day
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ILW.COM Chats and Discussions of the Day
Help Needed!
We recently were presented with the following situation. Contrary to the way it sounds, this is not a question from a sadistic immigration law professor, but is a real predicament.
An alien arrived under the visa waiver pilot program and within 14 days got married. He was granted voluntary departure eight or nine years ago. On entry the INS asked him the requisite questions. He did not tell them about his voluntary departure. INS did not have him in their computers. He is HIV positive. His wife knows. His wife does not meet the income requirements for the affidavit of support. What does his wife do for a living? It is legal, but not necessarily reputable.
What would you do? Post a response on the discussion board.
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