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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
November 15, 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
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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

The INS has released its new detention standards. There are 37 chapters covering detainee services, health services, security and control, and definitions. The standards are scheduled to be implemented in INS-owned facilities in January of 2001, and be phased in at contract facilities over the next two years. The stated purpose of the standards is to ensure that all INS detainees receive consistent and fair treatment. Fair and consistent treatment are certainly worthy goals. But the INS has other duties imposed by Congress. Under the "Immigration Services and Infrastructure Improvements Act of 2000," (Title II of S. 2045) the INS must get the processing time for nonimmigrant visas down to less than 30 days and complete processing of other immigration benefit applications within 180 days. This will take even more resources and organization than protecting the rights of detainees. The agency now must show that it is truly the Immigration and Naturalization SERVICE and not just the Immigration and Naturalization Enforcement Agency.

Cases of the Day

Case Remanded to BIA for Correct Application of Standard
The court in Diallo v. INS, No. 98-4131 (2nd Cir. Nov. 13, 2000), found that the Board of Immigration Appeals's (BIA) standard of requiring corroborating evidence where available is appropriate, but the BIA erred when it failed to rule explicitly on the crediblity of Petitioner's testimony, failed to explain why it was reasonable to expect corroborating evidence and failed to asses the sufficiency of the explanation for the absence of corrborating evidence.

AEDPA Not Unconsitutional
In US v. Herrera-Blanco, No. 98-30342 (9th Cir. Nov. 14. 2000), where the Defendant has been convicted of reentering the US after having been deported, the court rejected Defendant's claim that AEDPA and IIRIRA violated his contstitutional right to meaningful appellate review of his due process claim as he was able to attack validity of his deportation order in his motion in district court to dismiss the indictment, and the Immigration Judge did not deprive him of his right to due process by informing Defendant that he was ineligible for relief.

Extreme Hardship Required for Waiver
The court in Cervantes-Gonzales v. INS, No. 99-70403 (9th Cir. Nov. 14, 2000), found that the Board of Immigration Appeals (BIA) was correct in finding that the provisions of IIRIRA requiring a showing of extreme hardship to obtain a waiver of a bar to admissibility for using fraudulent documents were applicable even though the case was pending when when IIRIRA was enacted.

INS News of the Day

INS to Adopt New Detention Standards
The INS has announced the release of detailed standards for facilities housing INS detainess. The standards are intended to ensure consistent treatment and care for detainees that are in INS custody anywhere in the country.

Immigration News of the Day

Lost Identity: INS Deports a Man who Might be an American Citizen
The Fort Worth Star-Telegram reports that a 28 year old man was recently deported to Mexico by immigration officials who say he is an illegal immigrant, but his attorneys and independent immigration experts say he is probably a US citizen.

The Special Case of Mexican Immigration
An article in The American Enterprise argues that much of what we now consider to be problems concerning immigration and assimilation really concern Mexican immigration and assimilation, and that Mexican immigration poses challenges to our policies and to our identity in a way nothing else has in the past.

ILW.COM Highlights of the Day

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ILW.COM Chats and Discussions of the Day

Special Chat with INS
Linda Dodd-Major, Acting Director of DOJ/INS Office of Business Liaison, will hold a special chat on Tuesday, December 19, 2000, at 9:00 p.m. Eastern (New York) time. Questions will be accepted beginning 15 minutes before the start of the chat. Transcripts of previous chats with Ms. Dodd-Major can be found on the chat transcripts page.

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