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January 2005 U.S. Immigrant Alert! Newsletter

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  • SIUHIN@aol.com
    January 2005 U.S. Immigrant Alert! Newsletter January 10, 2004 National Immigrant Solidarity Network URL: http://www.ImmigrantSolidarity.org To download the
    Message 1 of 1 , Jan 10, 2005
      January 2005 U.S. Immigrant Alert! Newsletter
      January 10, 2004
      National Immigrant Solidarity Network
      URL: http://www.ImmigrantSolidarity.org

      To download the newsletter, go to the following link:
      http://www.immigrantsolidarity.org/Newsletter/Jan%2005%20Issue.pdf
      (You must have Adobe Reader, to download free please go to:
      http://www.adobe.com/)

      In this issue:
      1) What We Might Expect in the 109th US Congress in 2005
      2) Immigration News Briefs from Across the Country
      3) Ask Texas Senators to Sponsor the WISH Act
      4) Information About the Network
      5) Please Subscribe to the Newsletter


      Emergency Donations to Asia Quake Victims!
      _http://www.actionla.org/Actions/AsiaAppeal.htm_
      (http://www.actionla.org/Actions/AsiaAppeal.htm)

      Progress Org. Donations Resources to the Asia Quake Relief
      _http://www.actionla.org/Actions/AsiaProgressive.htm_
      (http://www.actionla.org/Actions/AsiaProgressive.htm)


      ===================================================================
      Immigration News Briefs
      January 8, 2005
      By: Coalition for the Human Rights of Immigrants (CHRI)


      1. Court: Parolees Can Adjust Status
      2. Court: US Can Strip Citizenship
      3. TPS Extended for Salvadorans
      4. TPS Expires for Montserratians




      1. COURT: PAROLEES CAN ADJUST STATUS
      On Jan. 5, the First Circuit US Court of Appeals in Boston ruled that
      that immigrants who marry US citizens may obtain green cards--
      even if they had been in deportation proceedings--without having
      to leave the US or being barred from returning to the US for 10
      years. The case, Succar vs. Ashcroft, was brought by Lebanese
      native Wissam Succar, who arrived in the US in 1998 and applied
      for asylum. In February 2001, while he was paroled into the US
      and his appeal was pending before the Board of Immigration
      Appeals (BIA), Succar married a US citizen, who applied for a
      green card on his behalf. The case was an appeal of a BIA ruling
      which deemed Succar ineligible for adjustment of status because
      he is an "arriving alien."

      The appeals court was asked to address the validity of a
      regulation promulgated in 1997 by Attorney General Janet Reno, 8
      C.F.R. 245.1(c)(8), which barred consideration of adjustment of
      status for immigrants who have been granted parole status but
      have been placed in removal proceedings. The government argued
      that the validity of the regulation is not subject to judicial
      review, and that in any case, the attorney general's right to
      discretion must be upheld. The court disagreed on both points,
      saying there is no statutory bar to review and that the
      regulation is contrary to the language and intent of an earlier
      statute, 8 U.S.C. 1255(a). The decision only covers deportation
      cases in the First Circuit, though legal experts say it will
      likely be applied in other circuits. [San Francisco Chronicle
      1/7/05; Succar v. Ashcroft ruling 1/5/05 from
      _http://www.ca1.uscourts.gov/_ (http://www.ca1.uscourts.gov/) ]


      2. COURT: US CAN STRIP CITIZENSHIP
      The Eleventh Circuit US Court of Appeals in Atlanta ruled
      unanimously on Jan. 4 that the federal government can strip Miami
      resident Lionel Jean-Baptiste of his US citizenship even though
      was naturalized before ever being convicted of a crime.
      Government attorneys typically seek to revoke citizenship of
      individuals accused of lying about a criminal record in their
      naturalization applications. In this case, the government claims
      Jean-Baptiste committed a crime while awaiting approval of his
      application, and therefore illegally procured citizenship as a
      person who was not of "good moral character." Jean-Baptiste
      denies having committed the crime for which he was convicted in
      Miami federal court. Andre Pierre, Jean-Baptiste's attorney,
      plans to ask the appeals court to grant a new hearing before the
      full court. If that fails, Pierre said he will go to the Supreme
      Court. He does not expect the immigration service to act on the
      case until all appeals are exhausted. [Miami Herald 1/5/05]


      3. TPS EXTENDED FOR SALVADORANS
      On Jan. 6, US Citizenship and Immigration Services (USCIS)
      announced it will extend Temporary Protected Status (TPS) for 18
      months--until Sept. 9, 2006--for nearly 248,282 Salvadoran
      migrants, because El Salvador is still rebuilding from
      earthquakes which hit in 2001. The status was due to expire in
      March. Nationals of El Salvador who have been granted TPS must
      register for the extension during a 60-day period starting Jan. 7
      and ending Mar. 8. TPS beneficiaries are also granted an
      automatic six-month extension of their employment authorization
      document (work permit), until Sept. 9, 2005. [Miami Herald
      1/6/05; USCIS Press Release 1/6/05]

      Last Aug. 25, USCIS announced that TPS had been "redesignated"
      for another 12 months for some 10,000 Liberians living in the US.
      TPS for Liberians was due to expire on Oct. 1, 2004; they will
      now be allowed to stay until Oct. 1, 2005. Liberians were first
      granted TPS in 1991. [AP 8/26/04; Federal Register 8/25/04] On
      Aug. 6, the USCIS announced a 12-month extension of TPS for
      nationals of Somalia, allowing some 324 Somalis who have already
      been granted TPS to live and work in the US until September 17,
      2005. Somali nationals had until Oct. 5, 2004, to re-register.
      Somalis were first granted TPS in 1991. [USCIS Press Release
      8/6/04] On Nov. 1 USCIS announced an 18-month extension of TPS
      for Hondurans and Nicaraguans who arrived after a 1998 hurricane
      [see INB 11/6/04]. TPS remains in place for nationals of Burundi,
      Liberia and Sudan. [New York Times 8/9/04]


      4. TPS EXPIRES FOR MONTSERRATIANS
      On Feb. 27, 2005, TPS is set to expire for 292 former residents
      of the Caribbean island of Montserrat who came to the US after a
      1995 volcano made most of Montserrat uninhabitable. In its
      surprise notice last June 25, the USCIS argued that "the volcanic
      activity causing the environmental disaster in Montserrat is not
      likely to cease in the foreseeable future" and "therefore it no
      longer constitutes a temporary disruption of living
      conditions...." USCIS says the Montserratians can go to Britain.
      Montserrat is ruled by the UK, but Monserratians in the US do not
      automatically have British passports. [New York Times 8/9/04]

      Monserratians and advocates are urging Congress to pass a bill
      granting permanent residency to Montserratians who have TPS.
      House bill HR 603 was introduced Feb. 5, 2003, by Rep. Major
      Owens (D-NY) and has 45 co-sponsors; the Senate bill, S 2816, was
      introduced last Sept. 20 by Sen. Charles Schumer (D-NY).
      Activists can send faxes to Congress about the bill by entering
      the "Act Now" section of the Professional Staff Congress of the
      City University of New York website, http://www.psc-cuny.org/.
      [Information from PSC CUNY and http://thomas.loc.gov/ websites]



      =====================================================
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