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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
September 21, 2000
Editor's Comments of the Day
Cases of the Day
Congressional 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

After a month of summer vacation and before adjourning to hit the hustings, Congress has had a fit of activity including work on immigration matters. The Senate voted 97 to 1 in favor of a cloture motion on the H-1B bill. In his remarks at the Mahatma Gandhi Memorial dedication last Saturday President Clinton predicted passage of H-1B legislation without repeating his call to link it to an extension of NACARA to cover Salvadorans, Guatemalans, Hondurans, and Haitians, and an advance in the date for registry as contained in the May 11 letter from Gene Sperling, Director, National Economic Council and Assistant to the President for Economic Policy. House Majority Leader Dick Armey has said, "if the Senate can pull a clean H-1B bill through, I think it would facilitate our ability in the House." Even if the Senate manages to pass the bill without the NACARA and registry amendments, the real fight will be in House. Stay tuned.

Cases of the Day

Order to Show Cause Ends Continuous Presence
In Angel-Ramos v. INS, No. 99-3126 (7th Cir. Sept. 19, 2000), the court affirmed the Board of Immigration Appeals's determination that the service of an Order to Show Cause ended the alien's continuous physical presence in the US for the purpose of suspension of deportation.

9th Circuit Remands for Determination of Whether First Offender Treatment Would Apply
The court in Cardenas-Uriarte v. INS, No. 97-70692 (9th Cir. Sept. 20, 2000), found that it had jurisdiction to review the decision of the Board of Immigration Appeals (BIA) that the Petitioner was deportable based on a conviction "relating to a controlled substance." The court remanded the case to the BIA to determine if the Petitioner, whose conviction had been expunged, would have been eligible for first offender treatment under federal law and so not deportable.

Congressional News of the Day

Senate Passes Cloture Vote on H-1B Nonimmigrant Visa Bill
Senate voted 97-1 to agree to the motion to close further debate on the motion to proceed to consideration of S. 2045, the "American Competitiveness in the Twenty-first Century Act of 2000."

House Passes "Child Citizenship Act of 2000"
The House of Representatives passed H.R. 2883, the "Child Citizenship Act of 2000," after the title of the bill was amended to read: "A bill to amend the Immigration and Nationality Act to modify the provisions governing acquisition of citizenship by children born outside of the United States."

House Passes H.R. 5062
The House of Representatives passed H.R. 5062, which provides for the elimination of the retroactive application of the definition of aggravated felony to crimes committed before the enactment of IIRIRA, and restores the eligibility of aliens lawfully admitted for permanent residence for cancellation of removal.

House Passes "Religious Workers Act of 2000"
The House of Representatives passed H.R. 4068, "Religious Workers Act of 2000." The bill extends for an additional 3 years the special immigrant religious worker program.

S. 3068 Read In Senate
S. 3068, a bill to amend the Immigration and Nationality Act to remove certain limitations on the eligibility of aliens residing in the United States to obtain lawful permanent resident status was read for the first time in the Senate.

Sen. Harkin Added as Cosponsor to S. 2912
At the request of Sen. Kennedy the name Sen. Harkin from Iowa was added as a cosponsor of S. 2912, "Latino and Immigrant Fairness Act of 2000." This bill extends the provisions of NACARA to Salvadorans, Guatemalans, Hondurans, and Haitians and advances the date for registry.

Domestic Violence Cases in the Asylum Process
Sen. Leahy urges the Senate to pass the "Refugee Protection Act of 1999," S. 1940, which would restrict the use of expedited removal to times of immigration emergencies, and to sign on to a letter that Sen. Landrieu and he are circulating asking the Attorney General to reaffirm the US's commitment to human rights and women's rights.

Oversight Hearing on DOJ's Inspector General's Report
On September 21, 2000, the House Committee on the Judiciary is scheduled to conduct an oversight hearing on the Department of Justice Office of Inspector General's September 2000 Report titled, "An Investigation of Misconduct and Mismanagement at ICITAP, OPDAT, and the Criminal Division's Office of Administration." The report highlights misconduct in the two components of DOJ's Criminal Division including the possible improper issuance of visas. Witnesses scheduled to testify are Eric Holder, James K. Robinson, Glenn Fine, Stephen Colgate and John C. Keeney. (Long Download)

Immigration News of the Day

INS Separates Mother, Child
The Oregonian reports that on July 17, Portland INS officers detained the spouse of a US citizen. A day later, INS officers abruptly separated her from the daughter she was breast-feeding, handcuffed and chained her. On July 20 she was removed from the US without her daughter and barred for 10 years.

Lawyers Told To Aid Those Seeking Asylum
According to the Chicago Tribune the head of the American Bar Association called for the nation's attorneys to do more free legal work on behalf of immigrants and refugees, in particular those being detained in US jails while seeking political asylum.

Give Us Your Skilled and Wired
The Standard observes that many expect Congress and the Clinton administration to find a way to boost the number of H-1B visas, but that it is just a band-aid for solving broader education and immigration problems.

ILW.COM Highlights of the Day

Case Tracking Application To Be Launched Within A Few Weeks
You will very soon be able to track your cases online.

ILW.COM Chats and Discussions of the Day

Chat with R. Blake Chisam, Esq.
Chat with attorney R. Blake Chisam on Thursday, September 21, 2000, at 9:00 p.m. Eastern (New York) time. Mr. Chisam was successful in Matter of Opku, A75-794-878 (BIA August 7, 2000) and another recent case in gaining relief for his clients under the Convention Against Torture.

Letters to the Editor

Dear Editor:
One of my clients is married to a US citizen and came to me to complete his paperwork for adjustment of status. He entered the US as a B-1 on 5/18/1999 with an I-94 expiration of 06/17/1999. He entered at "WAS" which I believe is Washington State (please correct me if I am wrong). On the back of the I-94, the immigration officer at the port of entry wrote: "No EOS, AOS, COS per S II." I know that EOS is extension of status, AOS is adjustment of status, and COS is change in status but I don't know what S II (Roman numeral 2) stands for, so I don't know why they are saying my client can't adjust his status. Please advise.


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