[Congressional Record Volume 150, Number 7 (Wednesday, January 28, 2004)]
[Senate]
[Pages S322-S324]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 2036. A bill for the relief of Jose Buendia Balderas, Alicia 
Aranda De Buendia, and Ana Laura Buendia Aranda; to the Committee on 
the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I rise today to offer legislation to 
provide lawful permanent residence status to Jose Buendia Balderas, 
Alicia Aranda De Buendia and Ana Laura Buendia Aranda, Mexican 
nationals who live in the Fresno area of California.
  I have decided to introduce legislation on their behalf because I 
believe this family is deserving of an exception.
  Firstly, an immigration judge has granted the family relief, only to 
have that decision overturned by the Board of Immigration Appeals. 
Immigration Judge Polly A. Webber heard that Jose Buendia and his wife, 
Alicia Aranda de Buendia, should be granted cancellations of removal 
under the Immigration and Nationality Act. In her decision, Immigration 
Judge Webber stated that she felt that the Buendias 9-year-old son 
would face exceptional and extremely unusual hardship if the family was 
deported from the United States.
  The immigration judge's decision was based on testimony taken from 
Jose and Alicia Buendia, as well as Alicia Buendia's sister, who is a 
lawful permanent resident. The immigration judge found that if the 
Buendia's son ``wanted to go to school in Mexico past sixth grade, he 
would have major obstacles in being able to do so, which the Court can 
only take as extreme hardship in terms of 2-hour transportation that 
may or may not be available, separation from parents, perhaps having to 
live in a strange environment with strange people, moving away from his 
relatives in the United States . . . being subjected to substandard 
health care, economic instability, and poor living conditions.''
  Unfortunately, the Board of Immigration Appeals overturned the 
immigration judge's decision. In a one paragraph decision the Board of 
Immigration Appeals concluded ``that the respondent failed to establish 
the required hardship to his United States citizen son, who was age 9 
at the time of the hearing.'' That one sentence was the basis for 
overturning an immigration judge's decision.
  Secondly, Mr. Buendia attempted to legalize his immigration status 
but was not successful due to an unscrupulous lawyer and a 
misinterpretation by the Immigration and Naturalization Service 
concerning applicants eligibility to apply for legalization under the 
19876 amnesty law.

[[Page S323]]

  Because Mr. Buendia has been in this country for so long, he 
qualified for legalization pursuant to the Immigration and Reform 
Control Act of 1986. Unfortunately his legalization application was 
never acted upon.
  One reason it was not acted upon is because his attorney, Jose Velez, 
was convicted of fraudulently submitting legalization and Special 
Agricultural Worker applications. Because of the criminal conviction, 
all of Mr. Velez's applications were suspect. Although Mr Buendia's 
application under the legalization program was found not to contain any 
fraudulent documentation associated, here began his problems.
  Mr. Buendia's legalization application was flagged under Operation 
Desert Deception, a large-scale investigation which targeted providers 
of fraudulent applicants and documentation under the legalization and 
Special Agricultural Workers program. Dozens of people, including INS 
officers, were convicted of legalization fraud, bribery or tax evasion. 
At the time of filing Mr. Buendia's application with the Immigration 
and Naturalization Service the attorney, Jose Velez, was under 
investigation.
  Although Mr. Buendia qualified for legalization because he arrived in 
the United States prior to January 1, 1982 he was not able to attend 
his interview in 1990 due to the investigation into his attorney.
  Thirdly, it took the Immigration and Naturalization Service nearly 7 
years to make a finding concerning his case. He was originally 
scheduled to be interviewed in June of 1990 on his application for 
legalization. The official Memo to File by the Immigration and 
Naturalization Service determining Mr. Buendia's application contained 
no fraudulent information was not posted until January 1997.
  Fourthly, in the intervening years another problem arose. An 
interpretation by the Immigration and Naturalization Service as to the 
application of the law to legalization cases such as Mr. Buendia's. 
Because Mr. Buendia departed the United States in 1987 to marry his 
wife in Mexico, the Immigration and Naturalization Service stated he 
was no longer eligible for legalization when it again reviewed his 
application in 1997. This issue was litigated in CSS v. Meese and Mr. 
Buendia was a class member in this lawsuit. Unfortunately this lawsuit 
provide unhelpful to Mr. Buendia because the end result of the 
litigation was a much more limited class of eligible applicants.
  Finally, and of substantial importance, this family has been here for 
17 years and built a life here. The Buendias own property, are hard 
workers, are community minded and have two children in school--one of 
whom is a U.S. citizen.
  Mr. Buendia is a valued employee of Bone Construction. He has been 
employed by this cement company for the past 5 years. He has proven 
himself, rising to become a lead foreman. His employer, Timothy Bone, 
says Mr. Buendia is a ``reliable, hardworking and conscientious'' 
employee.
  Mr. Buendia has an exemplary work history. From 1981 to 1989 he 
worked for Ascension Hernandez as a landscaper in League City, TX. 
Thereafter he moved to Las Vegas, NV where he continued to work in 
landscaping. In 1990 he and his family settled in Reedly, CA where he 
began working in construction. Knowing nothing about construction, 
having a background in landscaping, Mr. Buendia was disciplined and 
persistent in his training and is now a lead foreman for a cement 
construction company. Mr. Buendia is such a hard worker that he even 
has his own cement company, which he works on weekends.
  Alicia Buendia, Jose Buendia's wife, works as a seasonal fruit 
packer. Cliff Peters, the owner of Wildwood Orchards where Alicia 
Buendia worked during the 2003 season, says she is ``a hard worker, 
dependable, and consistently did a good job.'' He added that work would 
be available to her on an ongoing seasonal basis. Mrs. Buendia has 
worked as a seasonal fruit packer for several years.
  Their daughter, Ana Laura, is in the 10th grade at Reedley High 
School where she has earned a 4.0 GPA which shows she is a highly 
motivated student. An important consideration in this case is that Ana 
Laura was brought to the United States by her parents when she was only 
2 years old. Ana Laura, who will be 16 years old this year, has known 
no other country than the United States. She believes she is an 
American. But now she is told she must return to Mexico, a country she 
has never lived in.
  The Buendia's son, Jose, who was born in the United States, is in 8th 
grade. Like his sister, this is the only country he knows.
  Ana Laura and Jose's elementary school principal speaks highly of not 
only the children but the Buendias. This even though the children are 
now in high school. Mary Ann Carousso, principal, says in an e-mail to 
my office, ``I can tell you that I have rarely met 2 more active, 
concerned, supportive parents than Alica [sic] and Jose Buendia! . . . 
I don't think they ever missed a parent club meeting.'' Principal 
Carousso also says that ``Both Jose and Alicia continued to help at our 
school for several years after their youngest child had graduated . . . 
Jose, Sr. frequently hauled chairs across a dark parking lot at 9:00 
p.m. at night following a parent club meeting . . . He often talked 
about what parents should be doing to help the school out so that 
excess money didn't have to be spent on simple construction projects. 
Alicia is a mom who just never says no to requests for help.'' With 
that type of endorsement it seems to me we should be thankful to have 
such involved parents in our communities.
  This family has embraced the American dream, and I believe they 
should be allowed to continue to live in this country. If this 
legislation is approved, the Buendias will be able to continue to make 
significant contributions to their community and the United States. It 
is my hope that Congress passes this private legislation.
  I ask unanimous consent numerous letters of support our office has 
received from members of the Reedley community be printed in the 
Record.
  There being no objection, material was ordered to be printed in the 
Record, as follows:

                                      Bone Construction, Inc.,

                                    Fresno, CA, December 16, 2003.
     Senator Dianne Feinstein,
     U.S. Senate, Hart Senate Office Building, Washington, DC.
       Thank you for responding to Jose and Alicia Buenda's tragic 
     story. Simply, in my judgment the Immigration and 
     Naturalization Service has run amok in regards to Jose's 
     persistent effort to properly be granted citizenship. And, 
     consequently, he and Alicia are being treated outrageously 
     unjust and ordered to be deported from Bakersfield on 
     December 31, 2003 for no legitimate reason, leaving behind 
     their two children without parental guidance and financial 
     support. Personally, I am embarrassed by ``the system's'' 
     total disregard for the Buenda family and failure to 
     recognize their ``rights'' and exemplary citizenship. The 
     Buenda's story is a tragedy and someone should be held 
     responsible.
       Jose has been employed with Bone Construction Inc., for the 
     past four years. He is a gentleman and model employee who has 
     earned the position of lead foreman. He and his family enjoy 
     our benefit package of health insurance and a retirement 
     plan. He possesses a valid social security number, work visa 
     and driver's license. And he has requested the appropriate 
     withholding taxes. Simply, he is self directed and a leader 
     in our organization with a very promising future.
       Your response is urgently being anticipated. Jose has 
     turned to me for counsel. He is obviously terrified by the 
     order of deportation and does not know what to do in regards 
     to compliance. For sure, he does not want to be a fugitive. 
     We are working feverishly to find a compassionate ear and 
     immediate assistance. We are praying for a Christmas miracle.
           Respectfully,
     Timothy F. Bone.
                                  ____



                                            Wildwood Orchards,

                                                  January 9, 2004.
     Re Alicia A. Buendia.
       To Whom It May Concern: Alicia Buendia worked in the 
     Wildwood Orchards packing shed during the 2003 season. She 
     earned approximately $10.00 per hour packing fresh fruit on a 
     piecework basis.
       She was a hard worker, dependable, and consistently did a 
     good job. Work would be available to her on an ongoing 
     seasonal basis.
           Sincerely,
                                                     Cliff Peters,
     Owner.
                                  ____

     From: Mary Ann Carousso <[email protected]>
     To: <[email protected]>
     Date: Tuesday, January 6, 2004
     Subject: Jose & Alicia Buendia
       Good morning, Shelly.
       First, here is the information you wanted on the children.

       (1) Ana ``Laura'' Buendia, Grade 10, Reedley High School 
     (John Campbell, principal).


[[Page S324]]


     Biology with Tony Rocella
     Drama 2 with Erin Bray
     French 2 with Gail Hutchinson
     PE with Pablo Saenz
     Tutorial with Pablo Saenz
     Video Prod. with Noe Camacho
     English with Jennifer Moore
     Geometry with James Rudometkin

     Jose ``Alex'' Buendia, Grade 8, Grant Middle School, (Bill 
     Wachtel, principal).

     Homeroom with Lynn Mann
     Science with Eric Thiessen
     Algebra with Lee Bull
     Reading/Writing with Jean Crawford
     PE with Rick Furlong
     Computer with Kristie Bartlett
     Academic Skills with Monica Benner

       Secondly, I promised to give you some notes on the 
     conversation we had last night. Both Laura and Alex attended 
     elementary school here at Jefferson School, where I am the 
     principal. I can tell you that I have rarely met 2 more 
     active, concerned, supportive parents than Alicia and Jose 
     Buendia! As a new principal, I appreciated the eagerness that 
     Jose and Alicia demonstrated in stepping up to any matter of 
     parental involvement! Neither of them let the language 
     barrier stand in the way of their VERY ACTIVE involvement at 
     our school. I don't think they ever missed a parent club 
     meeting. Alicia was at school several days a week 
     volunteering for whatever project I needed help on. She 
     attended district level meetings as our parent representative 
     for several years. Both Jose and Alicia continued to help at 
     our school for several years after their youngest child had 
     graduated. (I used to tease them about having more children 
     so I could keep them at Jefferson forever!) Jose, Sr. 
     frequently hauled chairs across a dark parking lot at 9:00 
     p.m. at night following a parent club meeting that had to be 
     held at our neighboring school. He often talked about what 
     parents should be doing to help the school out so that excess 
     money didn't have to be spent on simple construction 
     projects. Alicia is a mom who just never says no to requests 
     for her help. Both Ana (Laura) and Jose, Jr. (Alex) were good 
     students at Jefferson, whose teachers were always delighted 
     to see their names on their rosters at the beginning of the 
     year. I can't help but feel that, if anything, these 2 
     extraordinary parents are being punished for simply being too 
     honest. I want VERY MUCH to help them. I have appreciated 
     TREMENDOUSLY the work of Senator Feinstein's office in 
     assisting these great folks. My letter of support is included 
     in the Buendia packet. Please let me know how I can rally 
     support for these amazing people. I owe them that at the very 
     least, for their extraordinary friendship to Jefferson 
     Elementary School.
           Sincerely,
     Mary Ann Carousso.
                                  ____


                                S. 2036

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. PERMANENT RESIDENT STATUS FOR JOSE BUENDIA 
                   BALDERAS, ALICIA ARANDA DE BUENDIA, AND ANA 
                   LAURA BUENDIA ARANDA.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act, Jose 
     Buendia Balderas, Alicia Aranda De Buendia, and Ana Laura 
     Buendia Aranda shall each be eligible for issuance of an 
     immigrant visa or for adjustment of status to that of an 
     alien lawfully admitted for permanent residence upon filing 
     an application for issuance of an immigrant visa under 
     section 204 of that Act or for adjustment of status to lawful 
     permanent resident.
       (b) Adjustment of Status.--If Jose Buendia Balderas, Alicia 
     Aranda De Buendia, and Ana Laura Buendia Aranda enter the 
     United States before the filing deadline specified in 
     subsection (c), Jose Buendia Balderas, Alicia Aranda De 
     Buendia, and Ana Laura Buendia Aranda shall be considered to 
     have entered and remained lawfully and shall be eligible for 
     adjustment of status under section 245 of the Immigration and 
     Nationality Act as of the date of enactment of this Act.
       (c) Deadline for Application and Payment of Fees.--
     Subsections (a) and (b) shall apply only if the application 
     for issuance of an immigrant visa or the application for 
     adjustment of status is filed with appropriate fees within 2 
     years after the date of enactment of this Act.
       (d) Reduction of Immigrant Visa Numbers.--Upon the granting 
     of an immigrant visa or permanent residence to Jose Buendia 
     Balderas, Alicia Aranda De Buendia, and Ana Laura Buendia 
     Aranda, the Secretary of State shall instruct the proper 
     officer to reduce by 3, during the current or next following 
     fiscal year, the total number of immigrant visas that are 
     made available to natives of the country of birth of Jose 
     Buendia Balderas, Alicia Aranda De Buendia, and Ana Laura 
     Buendia Aranda under section 203(a) of the Immigration and 
     Nationality Act or, if applicable, the total number of 
     immigrant visas that are made available to natives of the 
     country of birth of Jose Buendia Balderas, Alicia Aranda De 
     Buendia, and Ana Laura Buendia Aranda under section 202(e) of 
     that Act.
                                 ______