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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
The Executive Office for Immigration Review (EOIR) was created on January 9, 1983, through an internal Department of Justice
(DOJ) reorganization that combined the Board of Immigration Appeals (BIA) with the Immigration Judge function previously
performed by the Immigration and Naturalization Service (INS). Besides establishing EOIR as a separate agency within DOJ,
this reorganization made the Immigration Courts independent of INS, the agency charged with enforcement of federal
immigration laws. Though both are concerned with immigration the EOIR and the INS are separate and distinct agencies
within the DOJ. We have placed the recent press releases from the EOIR under our heading of INS News of the Day
because both the INS and the EOIR are part of the DOJ. When BIA decisions become available we carry them in the
Cases of the Day section because, even though they are technically administrative and not judicial proceedings,
people think of them as cases. The distinction between the INS and the EOIR is important if for no other reason
that each has its own forms and the forms are not necessarily interchangeable. Talking about immigration does
not mean only dealing with the INS.
Federal Register News of the Day
Attestations by Facilities Temporarily Employing H-1C Nonimmigrant Aliens as Registered Nurses
The Employment and Training Administration and the Employment Standards Administration of the Department of Labor (DOL) are
proposing regulations governing the filing and enforcement of attestations by facilities in health professional shortage
areas seeking to employ registered nurses on a temporary basis. Facilities must submit these attestations to the DOL
as a precondition to filing an H-1C petition with the INS. This interim final rule will take effect September 21, 2000.
Cases of the Day
Claim of Inadequate Notice of Hearing is Not Grounds for Rescinding Absentia Deportation Order
In Garcia v. INS, No. 99-70206 (9th Cir. August 22, 2000), the court concluded that the Petitioners' claim of inadequate
notice of a hearing was not grounds for rescinding the Immigration Judge's in absentia deportation order where the INS
had personally served written notice on the Petitioners' counsel and in the Petitioner presence in court.
INS News of the Day
EOIR Suspends Five Attorneys
The Executive Office for Immigration Review (EOIR) has formally suspended five attorneys from practicing before the Immigration
Courts, the Board of Immigration Appeals (BIA), and the INS under the
amended rules for
disciplinary action that became effective July 27, 2000. A subsequent correction noted that one of the named attorneys had been suspended not disbarred.
ILW.COM Featured Article of the Day
Estate Planning for Non-Resident Spouses
William J. Hoehler, Esq., writes about the US gift tax and estate tax issues to consider for a married couple when the husband
or wife or both are not citizens of the United States.
Immigration News of the Day
Once-Fearful Organized Labor Now Sees Immigrants as Future
An article in the Houston Chronicle discusses that changes in unions across the nation. The article quotes experts as predicting
that if union leaders succeed at organizing traditionally disenfranchised new immigrants, unions could bring about a sea
of change in the US labor movement-diversifying the union workforce by organizing new occupations and inviting in people
of different races and backgrounds.
Plunge in Captures Renews Debate Over INS Checkpoints
The Los Angeles Times reports that apprehensions at two highly traveled Border Patrol checkpoints in San Clemente and Temecula,
Southern California, have plunged so drastically that some question whether hundreds of agents stationed there and even
the stations themselves are necessary.
ILW.COM Highlights of the Day
Attorneys Will Soon Be Able To Use Our Web Based Case Tracking Application
ILW.COM is soon going to launch the much awaited web based Case Tracking Software. It will facilitate communication between Attorneys, Immigrants and Employers
ILW.COM Chats and Discussions of the Day
Public Chat For Immigrants
The chat room is open to the public from 5:00-7:00 p.m. Eastern (New York) time. Come join in the chat and share your experiences!
Letters to the Editor
Dear Editor,
Dear Editor:
The INS VT Service Center has been approving cases with start dates of 10/1/00 filed by our firm since August 10 at least, perhaps even a few days earlier. Please spread the word.
Conrad Pollack, Esq.
New York, NY
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