[Congressional Record Volume 155, Number 1 (Tuesday, January 6, 2009)]
[Senate]
[Pages S93-S94]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 121. A bill for the relief of Esidronio Arreola-Saucedo, Maria 
Elna Cobian Arreola, Nayely Bibiana Arreola, and Cindy Jael Arreola; to 
the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I offer today private immigration 
relief legislation to provide lawful permanent residence status to 
Esidronio Arreola-Saucedo, Maria Elena Cobian Arreola, Nayely Bibiana 
Arreola and Cindy Jael Arreola, Mexican nationals living in the Fresno 
area of California.
  Mr. and Mrs. Arreola have lived in the United States for over 20 
years. Two of their five children, Nayely, age 23, and Cindy, age 19, 
also stand to benefit from this legislation. Their other three 
children, Roberto, age 16, Daniel, age 13, and Saray, age 11, are 
United States citizens. Today, Mr. and Mrs. Arreola and their two 
eldest children face deportation.
  The story of the Arreola family is compelling and I believe they 
merit Congress' special consideration for such an extraordinary form of 
relief as a private bill.

[[Page S94]]

  The Arreolas are in this uncertain situation in part because of 
grievous errors committed by their previous counsel, who has since been 
disbarred. In fact, the attorney's conduct was so egregious that it 
compelled an immigration judge to write the Executive Office of 
Immigration Review seeking his disbarment for the disservice he caused 
his immigration clients.
  Mr. Arreola has lived in the United States since 1986. He was an 
agricultural migrant worker in the fields of California for several 
years, and as such would have been eligible for permanent residence 
through the Seasonal Agricultural Workers, SAW, program, had he known 
about it.
  Mrs. Arreola was living in the United States at the time she became 
pregnant with her daughter Cindy, but returned to Mexico to give birth 
so as to avoid any problems with the Immigration and Naturalization 
Service.
  Given the length of time that the Arreolas had, and have been, in the 
United States it is quite likely that they would have qualified for 
relief from deportation pursuant to the cancellation of removal 
provisions of the Immigration and Nationality Act, but for the conduct 
of their previous attorney.
  Perhaps one of the most compelling reasons for permitting the family 
to remain in the United States is the devastating impact their 
deportation would have on their children--three of whom are U.S. 
citizens--and the other two who have lived in the United States since 
they were toddlers. For these children, this country is the only 
country they really know.
  Nayely, the oldest, recently graduated from Fresno Pacific University 
with a degree in Business Administration and was recently hired as a 
substitute teacher in Tulare County. She was the first in her family to 
graduate from high school and the first to graduate college. She 
attended Fresno Pacific University, a regionally ranked university, on 
a full tuition scholarship package and worked part-time in the 
admissions office.
  At her young age, Nayely has demonstrated a strong commitment to the 
ideals of citizenship in her adopted country. She has worked hard to 
achieve her full potential both in her academic endeavors and through 
the service she provides her community. As the Associate Dean of 
Enrollment Services, Cary Templeton, at Fresno Pacific University 
states in a letter of support, ``[t]he leaders of Fresno Pacific 
University saw in Nayely, a young person who will become exemplary of 
all that is good in the American dream.''
  In high school, Nayely was a member of Advancement Via Individual 
Determination, AVID, a college preparatory program in which students 
commit to determining their own futures through achieving a college 
degree. Nayely was also President of the Key Club, a community service 
organization. She helped mentor freshmen and participates in several 
other student organizations in her school. Perhaps the greatest 
hardship to this family, if forced to return to Mexico, will be her 
lost opportunity to realize her dreams and further contribute to her 
community and to this country.
  It is clear to me that Nayely feels a strong sense of responsibility 
for her community and country. By all indication, this is the case as 
well for all of the members of her family.
  The Arreolas also have other family who are lawful permanent 
residents of this country or United States citizens. Mrs. Arreola has 
three brothers who are U.S. citizens and Mr. Arreola has a sister who 
is a U.S. citizen. It is also my understanding that they have no 
immediate family in Mexico.
  According to immigration authorities, this family has never had any 
problems with law enforcement. I am told that they have filed their 
taxes for every year from 1990 to the present. They have always worked 
hard to support themselves. As I previously mentioned, Mr. Arreola was 
previously employed as a farm worker, but now has his own business 
repairing electronics. His business has been successful enough to 
enable him to purchase a home for his family.
  It seems so clear to me that this family has embraced the American 
dream and their continued presence in our country would do so much to 
enhance the values we hold dear. Enactment of the legislation I have 
reintroduced today will enable the Arreolas to continue to make 
significant contributions to their community as well as the United 
States.
  I ask my colleagues to support this private bill.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 121

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

     SECTION 1. ADJUSTMENT OF STATUS.

       (a) In General.--Notwithstanding any other provision of law 
     or any order, for the purposes of the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.), Esidronio Arreola-
     Saucedo, Maria Elna Cobian Arreola, Nayely Bibiana Arreola, 
     and Cindy Jael Arreola shall be deemed to have been lawfully 
     admitted to, and remained in, the United States, and shall be 
     eligible for issuance of an immigrant visa or for adjustment 
     of status under section 245 of the Immigration and 
     Nationality Act (8 U.S.C. 1255).
       (b) Application and Payment of Fees.--Subsection (a) shall 
     apply only if the applications for issuance of immigrant 
     visas or the applications for adjustment of status are filed 
     with appropriate fees not later than 2 years after the date 
     of the enactment of this Act.
       (c) Reduction of Immigrant Visa Numbers.--Upon the granting 
     of immigrant visas to Esidronio Arreola-Saucedo, Maria Elna 
     Cobian Arreola, Nayely Bibiana Arreola, and Cindy Jael 
     Arreola, the Secretary of State shall instruct the proper 
     officer to reduce by 4, during the current or subsequent 
     fiscal year, the total number of immigrant visas that are 
     made available to natives of the country of birth of 
     Esidronio Arreola-Saucedo, Marina Elna Cobian Arreola, Nayely 
     Bibiana Arreola, and Cindy Jael Arreola under section 203(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1153(a)) or, 
     if applicable, the total number of immigrant visas that are 
     made available to natives of the country of birth of 
     Esidronio Arreola-Saucedo, Maria Elna Cobian Arreola, Nayely 
     Bibiana Arreola, and Cindy Jael Arreola under section 202(e) 
     of such Act (8 U.S.C. 1152(c)).
                                 ______