[House Report 106-892]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-892
======================================================================
FOR THE RELIEF OF LUIS A. LEON-MOLINA, LIGIA PADRON, JUAN LEON PADRON,
RENDY LEON PADRON, MANUEL LEON PADRON, AND LUIS LEON PADRON
_______
September 26, 2000.--Referred to the Private Calendar and ordered to
be printed
_______
Mr. Hyde, from the Committee on the Judiciary, submitted the following
R E P O R T
[To accompany H.R. 3414]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 3414) for the relief of Luis A. Leon-Molina, Ligia
Padron, Juan Leon Padron, Rendy Leon Padron, Manuel Leon
Padron, and Luis Leon Padron, having considered the same,
reports favorably thereon without amendment and recommends that
the bill do pass.
TABLE OF CONTENTS
Page
Purpose and Summary........................................ 1
Background and Need for the Legislation.................... 1
Committee Consideration.................................... 2
Committee Oversight Findings............................... 2
Committee on Government Reform Findings.................... 2
New Budget Authority and Tax Expenditures.................. 2
Congressional Budget Office Cost Estimate.................. 2
Constitutional Authority Statement......................... 3
Agency Views............................................... 3
Purpose and Summary
This bill would deem the Padron family to have been
selected for a diversity immigrant visa for fiscal year 2001.
Background and Need for the Legislation
The Padron family came to U.S. on visitor visas and then
applied for political asylum on December 5, 1994. The INS
Service Center determined that the application for asylum was
non-frivolous on January 5, 1995. On April 14, 1995, an I.N.S.
Asylum Officer declined to grant asylum. On April 17, 1995, the
Padrons were placed in deportation proceedings. On July 26,
1995, the father was selected for an immigrant visa under the
Diversity Visa Program for FY1996. Thus, on December 15, 1995,
the Padron's applications for adjustment of status to resident
alien were approved by an immigration judge and the deportation
proceedings were terminated. On that same day, the State
Department informed the immigration judge in writing that the
Immigrant Visa Control Center had reserved visa numbers for the
Padron family based on the judge's order. However, this written
notice did not constitute an allocation of the visa numbers--
the visa numbers would be allocated upon completion of action
on the Padrons' adjustment of status case.
On December 16, 1995, the Federal Government shut down. The
Padrons' file was placed on a shelf and forgotten. On September
30, 1996, the 1996 Diversity Visa program (and the Padrons'
eligibility for their visas) expired, without any action being
taken on the misplaced files.
As result of this mistake, the INS placed the Padrons in
deferred action.
Committee Consideration
On July 27, 2000, the Subcommittee on Immigration and
Claims met in open session and ordered favorably reported the
bill H.R. 3414, without amendment by voice vote, a quorum being
present.
On September 19, 2000, the Committee on the Judiciary met
in open session and ordered reported favorably the bill H.R.
3414 without amendment by voice vote, a quorum being present.
Committee Oversight Findings
In compliance with clause 2(l)(3)(A) of rule XI of the
Rules of the House of Representatives, the committee reports
that the findings and recommendations of the committee, based
on oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Committee on Government Reform Findings
No findings or recommendations of the Committee on
Government Reform and Oversight were received as referred to in
clause 2(l)(3)(D) of rule XI of the Rules of the House of
Representatives.
New Budget Authority and Tax Expenditures
Clause 2(l)(3)(B) of House Rule XI is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(d)(2) of rule XIII of the Rules
of the House of Representatives, the committee believes that
the bill would have no significant impact on the Federal
budget. This is based on the Congressional Budget Office cost
estimate on H.R. 3414. That Congressional Budget Office cost
estimate follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 22, 2000.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed three private relief bills, which were ordered
reported by the House Committee on the Judiciary on September
19, 2000. CBO estimates that their enactment would have no
significant impact on the federal budget. These bills could
have a very small effect on fees collected by the Immigration
and Naturalization Service and on benefits paid under certain
federal entitlement programs. Because these fees and
expenditures are classified as direct spending, pay-as-you-go
procedures would apply. The bills reviewed are:
H.R. 848, a bill for the relief of Sepandan
Farnia and Farbod Farnia;
H.R. 3184, a bill for the relief of Zohreh
Farhang Ghahfarokhi; and
H.R. 3414, a bill for the relief of Luis A.
Leon-Molina, Ligia Padron, Juan Leon Padron, Rendy Leon
Padron, Manuel Leon Padron, and Luis Leon Padron.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860. This estimate was
approved by Peter H. Fontaine, Deputy Assistant Director for
Budget Analysis.
Sincerely,
Dan L. Crippen, Director.
cc:
Honorable John Conyers Jr.
Ranking Democratic Member
Constitutional Authority Statement
Pursuant to rule XI, clause 2(1)(4) of the Rules of the
House of Representatives, the committee finds the authority for
this legislation in Article 1, Section 8, Clause 4 of the
Constitution.
Agency Views
The comments of the Immigration and Naturalization Service
on H.R. 3414 are as follows:
U.S. Department of Justice,
Immigration and Naturalization Service,
Washington, DC, June 19, 2000.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: In reference to your request for a
report relative to H.R. 3414, for the relief of Luis A. Leon-
Molina, Ligia Padron, Juan Leon Padron, Rendy Leon Padron,
Manuel Leon Padron, and Luis Leon Padron, enclosed is a
memorandum of information regarding the beneficiaries.
The bill would grant the beneficiaries permanent residence
in the United States as of the date of the enactment of this
Act upon payment of the required visa fee. The bill would also
direct the proper visa number deductions.
Sincerely,
Gerri Ratliff, Acting Director,
Congressional Relations.
Enclosure
cc:
Department of State--Visa Office
District Director--Kansas City, MO
MEMORANDUM OF INFORMATION FROM IMMIGRATION AND NATURALIZATION SERVICE
FILES RE: H.R. 3414
The beneficiary, Luis A. Leon-Molina, whose full name is
Luis Alfonso Leon-Molina, A73 537 791, a native and citizen of
Ecuador, was born on August 25, 1953. The beneficiary currently
resides at 701 Sherbrooke, Apt. #1, Emporia, Kansas 66801, with
his wife Ligia Padron, and their children Juan Leon Padron,
Rendy Leon Padron, Manuel Leon Padron, and Luis Leon Padron,
all are also beneficiaries of H.R. 3414. Mr. Molina is
currently employed as a Meat Packer with IBP in Emporia, Kansas
with an income of about $20,000 a year. Assets and liabilities
include three automobiles with an approximate value of about
$3,000, and about $8,000 in loans. Mr. Molina has a sister,
Julia Beatriz Leon who resides in New York. Mr. Molina has not
served in the United States Armed Forces.
The beneficiary, Ligia Padron, whose full name is Ligia
Padron-Iglesias, A73 648 565, a native and citizen of Ecuador,
was born on August 13, 1955. The beneficiary currently resides
in Emporia, Kansas with her husband and children, also
beneficiaries of H.R. 3414. Mrs. Iglesias is currently employed
as a Meat Cutter with IBP in Emporia, Kansas and works 40 hours
or more a week, depending on meat sales, with an income of
about $20,000 a year. Mrs. Iglesias have no other family
residing in the United States. Ms. Iglesias has not served in
the United States Armed Forces, and is not required by law to
register for selective service as she is a female.
The beneficiary, Juan Leon-Padron, A73 537 758, a native
and citizen of Ecuador, was born on May 17, 1981. The
beneficiary currently resides in Emporia, Kansas with his
parents and siblings, also beneficiaries of H.R. 3414. Juan is
currently employed at Braum's Restaurant in Emporia, Kansas as
a cook. Juan is employed on a part-time basis as he is also
enrolled at Emporia State University. Juan has not served in
the United States Armed Forces, but has registered for
selective service in Emporia, Kansas.
The beneficiary, Rendy Leon-Padron, A73 537 761, a native
and citizen of Ecuador, was born on August 8, 1984. The
beneficiary currently resides in Emporia, Kansas with his
parents and siblings, also beneficiaries of H.R. 3414. Rendy is
not employed, but is a student at Emporia High School. Rendy
has not served in the United States Armed Forces, and has not
reached his 18th birthday to make application for selective
service.
The beneficiary, Manual Leon-Padron, A73 537 766, a native
and citizen of Ecuador, was born on October 9, 1985. The
beneficiary currently resides in Emporia, Kansas with his
parents and siblings, also beneficiaries of H.R. 3414. Manuel
is not employed, but is a student at Emporia High School.
Manuel has not served in the United States Armed Forces, and
has not reached his 18th birthday to make application for
selective service.
The beneficiary, Luis Leon-Padron, A73 537 775, a native
and citizen of Ecuador, was born on August 18, 1979. The
beneficiary currently resides in Emporia, Kansas with his
parents and siblings, also beneficiaries of H.R. 3414. Luis is
currently employed as a Teacher's Assistant at Emporia Middle
School, and employed part-time at Hardee's Restaurant. Luis is
also a student at Emporia State University. Luis has not served
in the United States Armed Forces, but has registered for
selective service in Emporia, Kansas.
On October 19, 1994, the beneficiaries were admitted to the
United States at New York, New York, as B-2 Visitors for
Pleasure, until February 15, 1995. On April 12, 1995, an Order
to Show Cause and Notice Hearing (Form I-221) was issued to the
beneficiaries because they remained in the United States beyond
February 15, 1995 without permission of the Immigration and
Naturalization Service.
On or about December 5, 1994, the beneficiary, Mr. Luis
Alfonso Leon-Molina, submitted a Request for Asylum in the
United States (Form I-589). An Application to Register
Permanent Residence or Adjust Status (Form I-485) was submitted
to the Immigration and Naturalization Service at Newark, New
Jersey on December 13, 1995.
On December 15, 1995, Mr. Molina appeared in from of
Immigration Judge Nicole Kim at Newark, New Jersey. In a
summary of her oral decision, deportation proceedings were
terminated and Judge Kim adjudicated Form I-485. The
beneficiaries' application for adjustment of status under
Section 245 was granted based upon Mr. Molina being selected in
the diversity lottery. As part of that order, the Immigration
Judge ordered that ``the respondent be issued all appropriate
documents necessary to give effect to this order.''
The Immigration and Naturalization Service failed to comply
with the Immigration Judge's order by failing to obtain the
required diversity visa numbers. Consequently, the diversity
visas were lost at the end of that fiscal year on September 30,
1996. A Private Bill, H.R. 3414, was introduced in the United
States House of Representatives on behalf of Luis Alfonso Leon-
Molina and his family.
On March 12, 1999, a deferred action case was approved. On
April 27, the beneficiaries were granted an Employment
Authorization Document until April 26, 2001.
A check of indices of the National Crime Information Center
system was made with negative results. Record checks for local
arrests and warrants were conducted by the Emporia, Kansas
Police Department with negative results. A personal interview
was conducted with the beneficiaries, where under the penalty
of perjury, they swore they had not committed any acts, which
would be considered a crime of moral turpitude.
Fingerprint cards were submitted to the Federal Bureau of
Investigation and processed with negative results.