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Editor's Comments of the Day
The class action known as "CSS" has followed a long and circuitous path, and the the road still has not come to an end. An earlier panel of the 9th Circuit had held that only those people who had tendered or attempted to tender a completed application for adjustment, with fee, under the IRCA and had been turned away could bring a claim, but none of the named class members met the criteria. The same panel also determined that it was precluded from considering a due process challenge to legislation limiting the class to only those people. Subsequently, the class members filed a new class action in district court. In CSS v. INS, No. 98-16292 (9th Cir. Nov. 21,2000), the 9th Circuit held that the district court did not err in holding that the statue of limitations was tolled for those members of the CSS class who had been "front-desked," and in granting injuctive relief to these class members. The Circuit court held that the district court did err when it considered itself foreclosed from considering the claims of potential plaintiffs challenging on equal protection grounds statutory limitations on the class. The dissent disagreed with the tolling of the statute of limitations citing as one reason of the Defendants's interest in repose. What about the interest in repose for members of the class who have watched their case work its way through the judicial system for more than 12 years?
Federal Register News of the Day
Noncitizen Eligibility for the Food Stamp Program
The Department of Agriculture, Food and Nutrition Service, finalizes a proposed rule
amending the Food Stamp Program making final the requirements for determining alien
eligibility and the eligibility and benefits of sponsored aliens. This rule will be
effective January 20, 2001.
Cases of the Day
Statute of Limitations Tolled for CSS Class
In CSS v. INS, No. 98-16292 (9th Cir. Nov. 21,2000), the court held that the district court did not err in holding that the statue of limitations was tolled for those members of the class who had been "front-desked," and that the district court did not err in granting injuctive relief to these class members, but it did err in considering itself foreclosed from considering the claims of potential plaintiffs challenging on equal protection grounds statutory limitations on the class.
No Biological Relationship Required to Confer Citizenship
The court in Scales v. INS, No. 97-70915 (9th Cir. Nov. 21, 2000), determined that there is no requirement of a blood relationship between a child born outside the US and his US citizen father during the father's marriage in order to confer citizenship.
Without
Adverse Credibility Finding, Testimony is Credible
In Kataria v. INS, No.
99-70796, (9th Cir. Nov. 21, 2000),
the court ruled that since neither the Board of Immigration Appeals (BIA) nor the Immigration
Judge made an explicit adverse credibility finding, Petitioner's testimony was credible. The court also found that the BIA erred in denying his application based on failure to provide corroborative
evidence.
Questioning
Passengers During Traffic Stop Reasonable
In USA v. De
La Fuente-Ramos, No. 99-6146, (10th Cir. Nov. 16, 2000), the court
found reasonable a police officer's stop of a vehicle for touching the lane and shoulder lines and the subsequent detention during which he asked questions about travel destinations and identity of passengers. The court also ruled that the district
court had properly relied on the defendant's prior conviction for importing marijuana
in increasing his sentence for unlawful reentry into the US.
Immigration News of the Day
INS Targets Human Rights Abusers
According to APBnews.com the INS has arrested 14 illegal immigrants in south Florida
who were war crimes suspects and torturers in their native countries. According to an
INS spokeswoman the INS tracks war criminals and others believed to have been responsible
for heinous crimes, and these persecutors live "everywhere" in the US, often as
undocumented aliens.
New Rules Ease Worker Shortage, But Fraud and Abuse Remain
The San Jose Mercury News
reports that Congress' quick fix of doubling the number of H-1B visas for temporary
foreign workers has done nothing to tackle the fraud and abuse that plague the
H-1B program and little to prevent backlogs that leave workers and companies in limbo.
ILW.COM Highlights of the Day
Special Offers! Best deals for immigrants…….
Our immigrant staff has put together a list of useful products to fulfill
the needs of other immigrants.
ILW.COM Chats and Discussions of the Day
Chat with Kevin Levine
Attorney Kevin Levine will answer questions on all aspects of immigration law on Wednesday, Novebmer 22, 2000, at 9:00 p.m. Eastern (New York) time. Questions wil be accepted beginning 15 minutes before the start of the chat.
Classifieds of the Day
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