[Congressional Record Volume 154, Number 95 (Tuesday, June 10, 2008)]
[Senate]
[Pages S5452-S5455]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 3110. A bill for the relief of Ruben Mkoian, Asmik Karapetian, and 
Arthur Mkoyan; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, today I am introducing a private 
relief bill on behalf of Ruben Mkoian, his wife, Asmik Karapetian and 
their son, Arthur Mkoyan. The Mkoian family are Armenian nationals who 
have been living and working in Fresno, California for over a decade.
  The story of the Mkoian family is compelling and I believe they merit 
Congress' special consideration for such an extraordinary form of 
relief as a private bill.
  Let me first start with how the Mkoian family arrived in the United 
States. While in Armenia, Mr. Mkoian worked as a police sergeant at in 
a division dealing with vehicle licensing. As a result of his position, 
he was offered a bribe to register 20 stolen vehicles.
  He refused the bribe and reported the incident to the police chief. 
He later learned that his co-worker had registered the vehicles at the 
request of the chief.
  After he reported the offense, Mr. Mkoian's supervisor informed him 
that the department was to undergo an inspection. Mr. Mkoian was 
instructed to take a vacation during this time period. Mr. Mkoian 
believed that the inspection was a result of the complaint that he had 
filed with the higher authorities.
  During the inspection, however, Mr. Mkoian worked at a store that he 
owned rather than taking a vacation. During that time, individuals kept 
entering his store and attempted to damage it and break merchandise. 
When he threatened to call the police, he received threatening phone 
calls telling him to ``shut up'' or else he would ``regret it.'' Mr. 
Mkoian believed that these threats were related to the illegal vehicle 
registrations occurring in his department because he had nothing else 
to be silent about.
  Later that same month, three men grabbed his wife and attempted to 
kidnap his child, Arthur, on the street. Mrs. Mkoian was told that her 
husband should ``shut up.'' No one suffered any injuries from the 
incident. In October 1991, a bottle of gasoline was thrown into the 
Mkoian's residence and their house was burned down. The final incident 
occurred on April 1, 1992, when four or five men assaulted Mr. Mkoian 
in his store. He was beaten and hospitalized for 22 days.
  Following that experience, Mr. Mkoian left Armenia for Russia, and 
then came to the United States on a visitor's visa in search of a 
better life. Two years later he brought his wife Asmik and his then 3-
year old son Arthur to the United States, also on visitor's visas. The 
family applied for political asylum, but the 9th Circuit Court of 
Appeals denied their request in January 2008. Thus, the family has no 
further legal recourse by which to remain in the country other than 
this bill.
  Since arriving in the United States, the family has thrived. Arthur 
is now 17 years old and the family has expanded to include Arsen, who 
is a U.S. citizen.
  Both Arthur and Arsen are very special children. What is noteworthy 
about Arthur, is that out of the 562 students graduating from Bullard 
High School he is one of three valedictorians for the Class of 2008. 
Today is his graduation day. He has long dreamed of attending the 
University of California, Davis. He was accepted this past Spring and 
plans to complete a degree in chemistry. In addition to maintaining a 
4.0 grade point average and taking a rigorous academic course load, 
Arthur also finds the time to volunteer at the St. Agnes Medical Center 
emergency room.
  Arsen is following in his older brother's footsteps. At age 12, he 
stands out among his peers at Kratt Elementary School and has been 
invited to apply to the magnet Computech Middle School next year.
  In addition to raising two outstanding children, Mr. and Mrs. Mkoian 
have maintained steady jobs and have devoted time and energy to the 
community and their church. Mr. Mkoian has been employed for years at 
G.A.C. Trucking in Glendale, California. According to his supervisor, 
he is one of their best employees, having earned a reputation for 
trustworthiness and skill.
  His wife, Asmik, has also been working part-time for 4 years at 
Gottshalks department store. In addition, she has taken classes at 
Fresno Community College and has completed their Medical Assistant 
Program.
  The family are active members of the St. Paul Armenian Church, and 
Mr. Mkoian is a member of the PTA of the St. Paul Armenian Saturday 
School.
  There has been an outpouring of support for this family from their 
church, the schools their children attend, and the community at large.
  To date, we have received over 200 letters of support for the family 
in addition to numerous telephone calls. I also note that I have 
letters from both Congressman George Radanovich and Jim Costa, 
requesting that I offer this bill for the Mkoian family.
  I truly believe that this case warrants our compassion and our 
extraordinary consideration.
  I ask my colleagues to support this private bill.
  Mr. President, I ask unanimous consent that the text of the bill and 
letters of support be printed in the Record.

[[Page S5453]]

  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 3110

       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 RUBEN MKOIAN, ASMIK 
                   KARAPETIAN, AND ARTHUR MKOYAN.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Ruben Mkoian, Asmik Karapetian, and Arthur Mkoyan 
     shall each be eligible for the 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 such 
     Act or for adjustment of status to lawful permanent resident.
       (b) Adjustment of Status.--If Ruben Mkoian, Asmik 
     Karapetian, and Arthur Mkoyan enters the United States before 
     the filing deadline specified in subsection (c), Ruben 
     Mkoian, Asmik Karapetian, and Arthur Mkoyan shall be 
     considered to have entered and remained lawfully in the 
     United States and shall be eligible for adjustment of status 
     under section 245 of the Immigration and Nationality Act (8 
     U.S.C. 1255) as of the date of the enactment of this Act.
       (c) Deadline for Application and Payment of Fees.--
     Subsections (a) and (b) shall apply only if the application 
     for the issuance of an immigrant visa or the application for 
     adjustment of status is filed, with appropriate fees, not 
     later than 2 years after the date of the enactment of this 
     Act.
       (d) Reduction of Immigrant Visa Numbers.--Upon granting an 
     immigrant visa or permanent residence to Ruben Mkoian, Asmik 
     Karapetian, and Arthur Mkoyan, 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 Ruben Mkoian, Asmik Karapetian, and 
     Arthur Mkoyan 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 Ruben Mkoian, Asmik Karapetian, and 
     Arthur Mkoyan under section 202(e) of such Act.
                                  ____



                                     House of Representatives,

                                     Washington, DC, June 5, 2008.
     Hon. Dianne Feinstein,
     U.S. Senate, Senate Hart Building, Washington, DC.
       Dear Senator Feinstein: It was a pleasure speaking with you 
     today regarding the pending June 20 deportation of Arthur 
     Mkoyan and his family. I appreciate you taking the time to 
     discuss this issue with me.
       From the limited details I have been provided, it appears 
     there is no feasible judicial remedy that would allow Mr. 
     Mkoyan to remain in the United States. Therefore, from what 
     my office has determined, the only immediate solution 
     requires Senate introduced private immigration legislation. 
     As you know, doing so can result in a stay of deportation for 
     the subject of the legislation.
       Based on the information my office is currently privy to, 
     Mr. Mkoyan's case appears to be one that would merit 
     introduction of this type of legislation. Although this is 
     very unlikely to be effective in the House, previous 
     legislation of this nature has been successful in the Senate.
       I am aware that you have been willing in the past to 
     sponsor bills for this purpose. To that end, I stand ready to 
     lend my support if after a thorough review of Mr. Mkoyan's 
     previous case history, you find such legislation appropriate.
       I will continue to review the situation as it progresses 
     and look forward to working with you in our efforts to help 
     Mr. Mkoyan and his family. Thank you for your prompt 
     attention to this matter.
           Sincerely,
                                                George Radanovich,
     Member of Congress.
                                  ____

                                    Congress of the United States,


                                     House of Representatives,

                                     Washington, DC, June 6, 2008.
     Hon. Dianne Feinstein,
     Hart Senate Office Building,
     Washington, DC.
       Dear Senator Feinstein: As you are well aware, Mr. Arthur 
     Mkoyan and his family are facing pending deportation back to 
     Armenia. From the limited details I have been provided, it 
     appears that there is no existing judicial remedy which would 
     allow Mr. Mkoyan to remain in the United States. Unless any 
     further steps are taken, Mr. Mkoyan and his mother will be 
     deported to Armenia.
       Please know as this issue moves forward I am ready to 
     support you where I can, and work with you to assist Mr. 
     Mkoyan and his family.
       Thank you for your attention to this important matter.
           Sincerely,
                                                        Jim Costa,
     Member of Congress.
                                  ____



                                              G.A.C. Trucking,

                                       Glendale, CA, June 2, 2008.
       I, Ashot Gharibyan, the owner of GAC Trucking do hereby 
     certify that Ruben Mkoian was one of my best employees. After 
     his leave my business slowed down because I could not find 
     any other driver as trustworthy and knowledgeable in his work 
     as Ruben Mkoian. He knows his job and has never given me any 
     problems. I still need him to improve my business without him 
     it will be impossible to put my business back to normal.
       Your attention to this matter is greatly appreciated.
                                                  Ashot Gharibyan,
     President.
                                  ____

       Dear Senator Feinstein: On behalf of my son Arthur Mkoyan, 
     2008 Valedictorian of Fresno's magnet Bullard High School, I 
     write to explain why our family should be allowed to stay in 
     the United States. Time is of the essence as our deportation 
     is imminent, and Arthur has been accepted to begin UC Davis 
     this fall.
       My husband Ruben Mkoian came to the United States in 1992 
     and applied for political asylum. After two years I came with 
     Arthur, and we became part of Ruben's case. After seven years 
     Ruben was granted an interview with an immigration officer, 
     but was denied. As the law allows, we appealed our case in an 
     immigration court. Our case was denied again, but believing 
     in our situation, we appealed to the Ninth Circuit. 
     Unfortunately, this effort failed last March.
       We entered this country legally, and worked hard from the 
     first day. None of us have any criminal record. We respect 
     the laws, pay taxes, and admire America deeply. It is in this 
     context of civic respect that our sons were raised, and in 
     which we appeal to you for support. Each of the four of us is 
     valuable to the United States. In addition to his academic 
     achievements, my son Arthur serves as an emergency room 
     volunteer at Saint Agnes Medical Center in Fresno. My younger 
     son Arsen, who was born in America, is a standout performer 
     at Kratt Elementary School, earning an invitation to apply to 
     the magnet Computech Middle School. I am proud to have put 
     myself through Fresno City Community College, completing the 
     Medical Assisting program. And my husband Ruben was so 
     valuable at his place of employment that the owner, suffering 
     a revenue loss due to Ruben's detention, writes in the 
     attached letter that Ruben's return is economically 
     necessary.
       I implore you to introduce into the United States Senate a 
     Private Bill that would halt our deportation. Our Immigration 
     and Customs Enforcement case number is A70-783-979. As a 
     mother, wife, and woman, I beg you to enable our sons to 
     fulfill their gift of intellect in the California they love, 
     and to enable our family to meaningfully contribute to the 
     America to which we so sincerely yearn to belong.
           Yours most truly,
     Asmik Karapetian,
       Mother.
     Arthur Mkoyan,
       age 17.
     Arsen Mkoian,
       age 12.
                                  ____



                                          Bullard High School,

                                         Fresno, CA, May 27, 2008.
     Senator Dianne Feinstein,
     Tulare,
     Fresno, CA.
       Dear Senator Feinstein: Artur Mkoyan has asked me to write 
     a letter of reference, related to a problem with his and his 
     family's immigration status.
       Artur has been my student at Bullard High School for two 
     years, last year in Honors Chemistry and this year in 
     Advanced Placement Chemistry. He is a fine student, achieving 
     A and B grades in my classes and maintaining a 3.50 GPA 
     overall, including five Advanced Placement classes. I have 
     found him to be a consistent and reliable student, willingly 
     attending the weekly evening lab sessions and conscientious 
     about getting all of his work done. I have complete 
     confidence in his integrity.
       I think he found it difficult to ask me for this letter, 
     because he and his family seem very proud and self-
     sufficient. I know he will be successful at college next year 
     and will be an asset to the community when he finishes his 
     education. If I can supply any further information, please do 
     not hesitate to contact me. I am including both my school and 
     home contact information, as the school year is drawing to a 
     close.
           Sincerely,
                                                Christine Lindley,
     Science Department.
                                  ____



                                          Bullard High School,

                                         Fresno, CA, May 29, 2008.
     Senator Dianne Feinstein,
     Tulare St.,
     Tulare, CA.
       Dear Senator Feinstein: I am writing this letter for Artur 
     Mkoyan--who has been my student for two years. He is a bright 
     young man with potential for an incredible future.
       Artur was in my sophomore GATE English class, performing 
     well and contributing the learning environment. As an 
     Advanced Placement student, he continued to work hard and 
     excel. It was always interesting to read his writing and to 
     watch his literary performances. He continues to visit me 
     during this--his senior year. I know that he has high hopes 
     for a college education--the American Dream--In the United 
     States.
       I know that Artie was an immigrant--however, I did not know 
     of his family's troubles until recently. Apparently, they 
     have lived and worked In the San Joaquin valley for fourteen 
     years. He told me that their citizenship application was 
     denied, and that the entire family may be deported.

[[Page S5454]]

       I was asked to write this letter to see if you could 
     intervene. I have the utmost respect for you as a politician, 
     as I have been an avid Democrat and a liberal and liberated 
     woman for many years. I hope that you can help this family in 
     their time of need. Thank you for your time and for your 
     consideration.
           Most sincerely,
                                                  Myrl W. Johnson,
     English.
                                  ____

                                                 Armenian-American


                                             Citizens' League,

                                         Fresno, CA, June 6, 2008.
     Senator Dianne Feinstein,
     One Post Street,
     San Francisco, CA.
       Dear Senator Feinstein, Last evening, 5 June, the Fresno 
     Chapter of the Armenian-American Citizens' League held its 
     monthly meeting. During the course of business, the Arthur 
     Mkoyan situation was brought up.
       By unanimous decision, the members wished to contact you 
     and to request your attention to this situation.
       However, when I returned home and turned on the late news, 
     the report was that you have already intervened in this 
     situation.
       I am certain that our members who have also heard this news 
     by now are very grateful and relieved.
       The purpose of this letter now is changing from request to 
     intervene to appreciative thanks for your action.
       Our League was established in the 1930's to help immigrant 
     Armenians. Even though our goal is still that and we have 
     come a long way, we still remain vigilant.
       Thank you for your action. We will be eagerly awaiting the 
     final disposition--hopefully, a positive one.
       Please contact us if there is anything else that we can do 
     to help the cause.
           Verily,
                                               Ms. Penny Mirigian,
     Secretary.
                                  ____

                                             Holy Trinity Armenian


                                             Apostolic Church,

                                         Fresno, CA, June 5, 2008.
     Senator Dianne Feinstein,
     Hart Building,
     Washington, DC.
       Dear Senator Feinstein: I am writing on behalf of Mr. 
     Arthur Mkoyan. As you know Mr. Mkoyan and his family have a 
     deportation judgment which is due end of June 2008. Arthur 
     Mkoyan was two years old when his family came to this great 
     country seeking freedom and justice and they have worked hard 
     to achieve the American Dream.
       Arthur will be graduating on Tuesday June 10 from Bullard 
     High as a Valedictorian. He is hard working, honest and we 
     should be proud of him because he is a great asset to our 
     country. Arthur has already been accepted to begin his 
     College education at UC Davis next Fall with Chemistry as his 
     major.
       Dear Senator Feinstein I urge you to intervene and 
     introduce the Private Bill this week so that our country 
     doesn't loose a brilliant future scientist.
       Thank you for your consideration may God bless you for your 
     services to our Nation. GOD BLESS AMERICA.
           Prayerfully,
                                              Fr. Vahan Gosdanian,
     Pastor.
                                  ____



                                     St. Paul Armenian Church,

                                         Fresno, CA, May 29, 2008.
       To Whom It May Concern: I am writing in support of Ruben 
     Gabriel Mkoyan. Mr. Mkoyan was born in Yerevan, Armenia on 
     December 14, 1961 and resettled in Fresno, CA in 1992 with 
     his family: his wife Asmik (nee Karapetian), and children 
     Arthur (b. October 17, 1990 in Yerevan, Armenia) and Arsen 
     (B. March 13, 1996 in Fresno, CA). The Mkoyan Family is very 
     active in the Armenian community of Fresno, and valuable 
     members of the St. Paul parish. They are much loved and 
     respected by everyone in the community.
       Mr. Mkoyan has worked very hard to provide for his family 
     and is a model citizen with his work ethic and active 
     participation in the life of the community. He has served on 
     the PTA of St. Paul Armenian Saturday School and has 
     contributed his time and means in the service of others.
       I am saddened to hear that after all these years his status 
     in the United States is in jeopardy. As his pastor and as a 
     person who knows the family I stand in support of Mr. Ruben 
     Mkoyan and his family to establish legal permanent residency 
     in the United States.
           Sincerely,
     (The Rev. Fr.) Arshen Aivazian.
                                  ____



                               Fresno Unified School District,

                                          Fresno, CA, May 5, 2008.
     Dianne Feinstein,
     U.S. Senator,
     One Post Street, San Francisco, CA.
       Dear Senator Feinstein, This letter is written on behalf of 
     Arsen Mkoian, a gifted sixth grade student at Kratt 
     elementary School in Fresno, California. Arsen and his family 
     are scheduled to be deported in approximately three weeks 
     from the United States unless a private bill is introduced in 
     the Senate to stop deportation. The Immigration and Customs 
     Enforcement case number is I A70-7S3-979. Arsen is a model 
     student and citizen.
       Arsen has consistently been a role model for student 
     behavior since he began attending Kratt in kindergarten. 
     Attendance and parent support have been excellent. Arsen 
     maintains a 3.8 grade point average in his sixth grade class 
     this year, a 4.0 in kindergarten, first, second, third and 
     fifth grades, and a 3.8 in fourth grade. In addition, he will 
     receive Kratt's hightest honor, the ``President's Education 
     Award'' which is signed by President Bush and accompanied 
     with a commendation letter from President Bush. This rare 
     Kratt honor is based on stringent academic and behavior 
     standards students must meet for three continuous years in 
     fourth, fifth and sixth grades.
       Socially, Arsen is well liked and respected. He receives 
     our monthly ``Bulldog Award'' every year which recognizes him 
     as a model citizen in his classroom. In fact, Arsen was 
     chosen to support a fellow student in need by teaming up with 
     him as a ``buddy'' this year in his sixth grade classroom.
       Kratt's top leaders are chosen to participate in our 
     Traffic Patrol Club. Arsen is not only a member but was also 
     elected as captain of the Traffic Club this year, a tribute 
     to his strong character. Arsen's name also shows up on the 
     Math Club list almost every semester, an honor difficult to 
     achieve. He has been invited to apply to the magnet Computech 
     Middle School in Fresno because he is a standout student,
       Arsen and his family have set high standards and worked 
     hard in our educational setting to achieve them. Senator 
     Feinstein, please recognize Arsen's outstanding effort and 
     achievement by your timely intervention of introducing the 
     Private Bill this week so we can keep an intellectually 
     gifted young person and his family in our state. We 
     appreciate your considering this important matter.
           Sincerely,
     Terri Bricker,
       Kratt Elementary School Principal.
     Randy Brown,
       Kratt Elementary School Sixth Grade Teacher.
                                  ____

       I was acquainted with Asmik Karapetian in 1995. I met her 
     at the Armenian Saint Paul church, where we were teaching 
     children Armenian. We instantly became good friends mainly 
     because we both had similar purposes in life for our children 
     to raise well educated and responsible citizens for this 
     country.
       Later I met her husband Ruben Mkoian, also a very noble 
     man. I remember when my husband and I visited them the first 
     time to entertain us Ruben played guitar while singing along 
     beautifully.
       I will not forget how one day Asmik called me and gave me 
     the good news of their second son's arrival. She was thrilled 
     and so were we. I know their boys, Arthur and Arsen, both 
     very humble and nice boys. We admired Arthur's achievements 
     in school. He is graduating this year with an excellent GPA.
       Recently Asmik called me in tears telling me her family 
     received a letter that they were to be deported. My family 
     and I were in utter shock. Why? Asmik and Ruben are two very 
     hard-working people with two wonderful children whose future 
     is very promising. It's tragic that after residing here for 
     more than ten years this would happen now.
       I am humbly asking you to look the circumstances over and 
     allow Asmik and her family to live in this country. I have 
     faith that you will help this family to reach their American 
     dreams.
           Sincerely,
     Anahit Bagdasarian.
                                  ____

       Dear Diane Feinstein, The family of Ruben Mkoian is very 
     dear to me. I have known them for over 10 years and I'd like 
     for you to get to know them a little as well. Their entire 
     family, including each and every member, is very kind and 
     treats all with respect and always keeps their dignity. I am 
     proud to have had a chance to get to know them and I have 
     come to be very fond of how this family coped with what has 
     been thrown to them. My son, who grew up and attended school 
     with their eldest, Arthur, always stated how he admired his 
     qualities and good behavior. Arthur, a very intelligent young 
     boy, had plans preceding his acceptance, to attend the 
     University of California, Davis, his dream school. He worked 
     very hard since grade school and his acceptance alone is 
     proof enough that Arthur meets any standards imposed upon 
     him. Arthur and I would like to say every individual of their 
     family is outgoing, loving, kind, hardworking, and fit 
     amongst the most intelligent. They do not get into the bad 
     habits that most amongst us keep hidden. We need people like 
     the Mkoians in our society. They keep peace and quiet and yet 
     have firmly established themselves into our working field, 
     schools, and have the most positive influence over our 
     friends and family. It would be a shame to lose such people 
     if they were leaving on their own, and nonetheless were 
     kicking them out. I wish you could know them the way I have. 
     They have truly grown into the most admirable U.S. 
     inhabitants.
       Thank you for your time and consideration. We hope with all 
     our hearts that you make the right decision.
     Karin Antikyan.
                                  ____

       Dear U.S. Senator Dianne Feinstein, Our family is a great 
     family friend of the Mkoian Family. We have known them since 
     1993. They are a very friendly family. Our children grew up 
     with their children. Their children are amazing in school by 
     the grades they get Ruben and Hasmik are excellent parents.

[[Page S5455]]

     They have been next to us on our good and bad days. We think 
     that they deserve to stay in the United States of America for 
     their children and the future of their lives. We can't 
     imagine how hard it will be not seeing, them, not only for us 
     but everyone else. In the future we will need this wonderful 
     family for a better community. Please keep all this in mind 
     because they are a great family and we wouldn't like to see 
     them out of our sight. We hope that you will do everything so 
     that they will not be deported and they will stay in the 
     United States of America. Thank you for your time.
           Sincerely,
     Ani Idzhyan.
     Margarit Dumanyan.
     Rimma Markaryan.
     Oganes Idzhyan.
     Arshaluys Idzhyan.
     Akop Idzhyan.
     Gevork Idzhyan.
     Harut Idjian.

                          ____________________