[Congressional Record Volume 155, Number 1 (Tuesday, January 6, 2009)]
[Senate]
[Pages S95-S96]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 123. 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, today I am reintroducing legislation 
to provide lawful permanent residence status to Jose Buendia Balderas, 
his wife, Alicia Aranda De Buendia, and their daughter, Ana Laura 
Buendia Aranda, Mexican nationals who have been living and working in 
the Fresno area of California for over 20 years.
  Jose Buendia is a remarkable individual who epitomizes the American 
dream. His father worked as an agricultural laborer in the Bracero 
program over 25 years ago. In 1981, Jose followed his father to the 
United States--where he worked in the shadows to help provide for his 
family in Mexico.
  Since then, Jose has moved from working as a landscaper to 
construction, where he is now a valued employee of Bone Construction in 
Reedley, California. He has been employed by this cement company for 
the past 8 years. Although he knew nothing about construction when he 
began working in the field, he was disciplined and persistent in his 
training and is now a lead foreman.
  His employer, Timothy Bone, says Mr. Buendia is a ``reliable, 
hardworking and conscientious'' employee. In fact, it was Mr. Bone who 
contacted my office to seek relief for Mr. Buendia.
  Alicia Buendia, Jose Buendia's wife, has been working as a seasonal 
fruit packer for several years. The family has consistently paid all of 
their taxes. Recently, they paid off their mortgage and today, they are 
debt free. They have health insurance, savings and retirement accounts, 
participate in the company profit-sharing company, and support their 
family here and in Mexico. In short, they are living the American 
dream.
  Their daughter, Ana Laura, is an outstanding student. She earned a 
4.0 GPA at Reedley High School and was awarded an academic scholarship 
to the University of California-Berkeley. Unfortunately, because of her 
immigration status, she was unable to accept the scholarship and her 
parents now pay full out-of-state tuition for her to attend the 
University of California-Irvine. She is now completing her second year 
there.
  Their son, Jose, is a U.S. citizen, and graduated high school with a 
3.85 grade point average and honors, and is currently an engineering 
student at Reedley Junior College. For both Jose and Ana Laura, the 
United States is the only country they know.
  What makes the story of the Buendias so tragic is that they would 
have been eligible to correct their illegal status but for the 
unscrupulous practices of their former immigration attorney.
  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 because his attorney, Jose Velez, was convicted of 
fraudulently submitting legalization and Special Agricultural Worker 
applications.
  This criminal conduct tainted all of Mr. Velez's clients. Although 
Mr. Buendia's application was found not to contain any fraudulent 
documentation, it was submitted while his lawyer was under 
investigation. The result was that Mr. Buendia was unable to be 
interviewed and obtain legal status.
  To complicate matters, it took the Immigration and Naturalization 
Service nearly 7 years to determine that Mr. Buendia's application 
contained no fraudulent information. In the meantime, the Immigration 
and Naturalization Service reinterpreted the law and determined that he 
was no longer eligible for relief because he had left the United States 
briefly when he married his wife.
  Despite these setbacks, the Buendia family has continued to seek 
legal status. They believed they were successful when an immigration 
judge granted the family relief based on the hardship their U.S. 
citizen son would face if his family was deported to Mexico. 
Unfortunately, the government appealed the judge's decision and had it 
overturned by the Board of Immigration Appeals.
  Despite the problems with adjusting their legal status, this family 
has forged ahead and continued to play a meaningful role in their 
community.

[[Page S96]]

They have worked hard. They have invested in their neighborhood. They 
are active in the PTA and their local church.
  I believe the Buendia family should be allowed to continue to live in 
this country that has become their own. If this legislation is 
approved, the Buendias will be able to continue to contribute 
significantly to the United States. It is my hope that Congress passes 
this private legislation.
  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. 123

       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 (8 U.S.C. 
     1151), 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 such Act (8 U.S.C. 1154) or for adjustment of 
     status to lawful permanent resident.
       (b) Adjustment of Status.--If Jose Buendia Balderas, Alicia 
     Aranda De Buendia, or Ana Laura Buendia Aranda enter the 
     United States before the filing deadline specified in 
     subsection (c), Jose Buendia Balderas, Alicia Aranda De 
     Buendia, or Ana Laura Buendia Aranda, as appropriate, 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) 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 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--
       (1) 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 (8 U.S.C. 1153(a)); or
       (2) 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 such Act (8 U.S.C. 
     1152(e)).
                                 ______