This is really far-reaching. Not only it opens a path to US permanent 
residence for all Yugoslav/Serbian draft-dodgers, but it also makes 
possible for the attorneys of US soldiers, that go awol in Iraq and 
Afghanistan, in not so distant future, to use the argument of Abu 
Ghraib in their defense. Good one.

On 27 Feb 2007 at 11:36, Maglich, Marko wrote:

First case listed here is interesting.
Marko C. Maglich
Immigration Practice
White & Case LLP

-----Original Message-----
To: Maglich, Marko
Sent: Tue Feb 27 10:01:15 2007
Subject: New articles from Bender's Immigration Daily

The following new articles have been added to Bender's Immigration 
Bulletin <> :

Visit to read the details.


Second Circuit on Forced Conscription
"In denying the petitioner's motion to reconsider, the Board of 
Immigration Appeals failed to consider one of the petitioner's 
arguments: that future imprisonment for fleeing conscription in the 
Yugoslavian army at a time when the army was committing human rights 
abuses constitutes persecution. The petition for rehearing is granted 
and the cause is remanded to the BIA for it to consider in the first 
instance this argument and any other question it considers 
appropriate." Nikovic v. Gonzales, Feb. 22, 2007.


W.D. Penn. on Jurisdiction
"Delays of the sort alleged here may, indeed, be "inevitable and 
becoming more frequent in light of heightened security concerns in 
the post-911 world." Mustafa, 2006 U.S. Dist. LEXIS 8047, at **15-17. 
Just as we must be vigilant about security, however, we must also be 
vigilant against the undue narrowing of access to our courts in the 
name of that same security. The inevitability or necessity of 
processing delays does not require that the courts, without clear 
legislative direction, act to propagate those delays." Duan v. 
Zamberry, Feb. 23, 2007.


Daniel M. Kowalski

<> "'s how you know."
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