[Congressional Record Volume 155, Number 1 (Tuesday, January 6, 2009)]
[Senate]
[Pages S99-S100]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 128. A bill for the relief of Jose Alberto Martinez Moreno, 
Micaela Lopez Martinez, and Adilene Martinez; to the Committee on the 
Judiciary.
  Mrs. FEINSTEIN. Mr. President, today I am reintroducing private 
immigration relief legislation to provide lawful permanent residence 
status to Jose Alberto Martinez Moreno and Micaela Lopez Martinez and 
their daughter, Adilene Martinez--Mexican nationals now living in San 
Francisco, California.
  This family embodies the true American success story and I believe 
they merit Congress' special consideration for such an extraordinary 
form of relief as a private bill.
  Mr. Martinez came to the United States eighteen years ago from 
Mexico. He started working as a bus boy in restaurants in San 
Francisco. In 1990, he began working as a cook at Palio D'Asti, an 
award winning Italian restaurant in San Francisco.
  According to the people who worked with him, he ``never made 
mistakes, never lost his temper, and never seemed to sweat.''
  Over the years, Jose Martinez has worked his way through the ranks. 
Today, he is the sous chef at Palio, where he is respected by everyone 
in the restaurant, from dishwashers to cooks, busboys to waiters, 
bartenders to managers.
  Mr. Martinez has unique skills: he is an excellent chef; he is 
bilingual; he is a leader in the workplace. He is described as ``an 
exemplary employee'' who is not only ``good at his job, but is also a 
great boss to his subordinates.''
  He and his wife, Micaela, have made a home in San Francisco. Micaela 
has been working as a housekeeper. They have three daughters, two of 
whom are United States citizens. Their oldest child Adilene, 20, is 
undocumented. Adilene recently graduated from the Immaculate Conception 
Academy and is attending San Francisco City College.
  One of the most compelling reasons for allowing the family to remain 
in the United States is that they are eligible for a green card. 
Unfortunately, there is such a back log for green cards right now that 
even though he has a work permit, owns a home in San Francisco, works 
two jobs, and has been in the United States for twenty years with a 
clean record, he and his family will be deported.
  Mr. Martinez and his family have applied unsuccessfully for legal 
status several ways:
  In May 2002, Mr. and Mrs. Martinez filed for political asylum. Their 
case was denied and a subsequent application for a Cancellation of 
Removal was also denied because the immigration court judge could not 
find ``requisite hardship'' required for this relief.
  Ironically, the immigration judge who reviewed their case found that 
Mr. Martinez's culinary ability was a negative factor--as it indicated 
that he could find a job in Mexico.
  In 2001, his sister, who has legal status, petitioned for Mr. 
Martinez to get a green card. Unfortunately, because of the current 
green card backlog, Mr. Martinez has several years to wait before he is 
eligible for a green card.

[[Page S100]]

  Finally, Daniel Scherotter, the executive chef and owner of Palio 
D'Asti, has petitioned for legal status for Mr. Martinez based on Mr. 
Martinez's unique skills as a chef. Although Mr. Martinez's work 
petition was approved by U.S. Citizenship and Immigration Services, 
there is a backlog on these visas, and Mr. Martinez is on a waiting 
list for a green card through this channel, as well.
  Mr. and Mrs. Martinez have no other administrative options available 
to them at this point and if deported, they will face a 5 to 10 year 
ban from returning to the United States. In addition, this bill remains 
the only means for Adilene to gain legal status.
  The Martinez family has become an important and valued part of their 
community. They are active members of their church, their children's 
school, and Comite de Padres Unido, a grassroots immigrant organization 
in California.
  They volunteer extensively--advocating for safe new parks in the 
community for the children, volunteering at their children's school, 
and working on a voter registration campaign, even though they are 
unable to vote themselves.
  In fact, I have received 46 letters of support from teachers, church 
members, and members of their community who attest to their honesty, 
responsibility, and long-standing commitment to their community. Their 
supporters include San Francisco Mayor Gavin Newsom; former Mayor 
Willie Brown; President of the San Francisco Board of Supervisors, 
Aaron Peskin; and the Director of Immigration Policy at the Immigrant 
Legal Resource Center, Mark Silverman.
  This family has truly embraced the American dream. I believe 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 Martinez family 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. 128

       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, for the purposes of the Immigration and Nationality Act 
     (8 U.S.C. 1101 et seq.), Jose Alberto Martinez Moreno, 
     Micaela Lopez Martinez, and Adilene Martinez shall each be 
     deemed to have been lawfully admitted to, and remained in, 
     the United States, and shall be eligible for adjustment of 
     status to that of an alien lawfully admitted for permanent 
     residence under section 245 of the Immigration and 
     Nationality Act (8 U.S.C. 1255) upon filing an application 
     for such adjustment of status.
       (b) Application and Payment of Fees.--Subsection (a) shall 
     apply only if 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.
       (c) Reduction of Immigrant Visa Numbers.--Upon the granting 
     of permanent resident status to Jose Alberto Martinez Moreno, 
     Micaela Lopez Martinez, and Adilene Martinez, the Secretary 
     of State shall instruct the proper officer to reduce by 3, 
     during the current or subsequent fiscal year, the total 
     number of immigrant visas that are made available to natives 
     of the country of the birth of Jose Alberto Martinez Moreno, 
     Micaela Lopez Martinez, and Adilene Martinez under section 
     202(e) or 203(a) of the Immigration and Nationality Act (8 
     U.S.C. 1152(e) and 1153(a)), as applicable.
                                 ______