[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.

                                  
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