[House Report 106-894]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-894

======================================================================



 
                 FOR THE RELIEF OF SEPANDAN FARNIA AND
                             FARBOD FARNIA

                                _______
                                

  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. 848]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 848) for the relief of Sepandan Farnia and Farbod 
Farnia, 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 legislation would allow the beneficiaries to be 
admitted lawfully to the United States for permanent residence.

                Background and Need for the Legislation

    In the 105th Congress, this case included the two current 
beneficiaries' mother. Since then the mother was killed in a 
car accident.
    The boys' father was executed in Iran in 1984. The mother 
and her young sons hid in Iran for a year before coming to the 
U.S. and
applying for political asylum. The boys were 7 and 8 years old 
when they came to the U.S. After 12 years, the application for 
asylum was denied in April 1997.
    In the meantime, these young boys grew up in Oklahoma, 
graduated from high school, were students at the University of 
Oklahoma, and now are both working. They have lost both 
parents, neither boy has any connection to Iran, and they have 
very little knowledge of the Muslim faith, Iranian culture, or 
the Farsi language. The boys currently live with their aunt and 
uncle--their mother's siblings--in Oklahoma.
    A private bill is needed because the two brothers do not 
meet the necessary criteria for permanent residence under any 
existing categories.

                        Committee Consideration

    On July 27, 2000, the Subcommittee on Immigration and 
Claims met in open session and ordered favorably reported the 
bill H.R. 848, 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. 
848 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. 848. 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. 848 are as follows:

                        U.S. Department of Justice,
                    Immigration and Naturalization Service,
                                  Washington, DC, January 27, 1999.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: This is in reference to your request for 
a report relative to H.R. 848, for the relief of Sepandan 
Farnia and Farbod Farnia, there is enclosed a memorandum of 
information concerning the beneficiaries.
    The bill would grant the beneficiaries permanent residence 
status in the United States as of the date of its enactment, 
upon filing an application. It would also direct that visa 
number deductions be made from the beneficiaries' native 
country.
            Sincerely,
                                      FOR THE COMMISSIONER,
                         Gerri L. Ratliff, Acting Director,
                                   Congressional Relations.

Enclosure

cc:
        Department of State, Visa Office
        District Director--Dallas, Texas

 MEMORANDUM OF INFORMATION FROM IMMIGRATION AND NATURALIZATION SERVICE 
                           FILES RE: H.R. 848

    The beneficiary, Sepandan Farnia, A28 671 907, a native of 
Iran, was born on August 26, 1976, in Isfahan, Iran. Sepandan 
currently resides at 1200 West Brooks, Norman, Oklahoma 73069. 
Sepandan is currently employed at the Red River Ranch 
Restaurant in Norman, Oklahoma, with an income of about $7 an 
hour. Sepandan has estimated assets of about $32,000 part in 
mutual funds and part in a family-owned restaurant soon to open 
in the Oklahoma City, Oklahoma area.
    The beneficiary, Farbod Farnia, A28 671 908, a native of 
Iran, was born on September 9, 1977, in Isfahan, Iran. Farbod 
currently resides at 1408 Garfield, Norman, Oklahoma 73072. 
Farbod is currently employed by the Norman Regional Hospital 
with an income of about $6.50 an hour. Farbod has estimated 
assets of about $30,000 part in mutual funds and part in a 
family-owned restaurant soon to open in the Oklahoma City, 
Oklahoma area.
    The beneficiaries are currently enrolled at Oklahoma 
University. Sepandan said he's a full-time student and expects 
to graduate with a degree in Philosophy in December 1999 from 
Oklahoma University. Farbod said he hopes to graduate from 
Oklahoma University soon also.
    The beneficiaries were inspected and admitted into the 
United States on January 4, 1985, at New York, New York, as B-2 
visitors for pleasure. They were granted permission to remain 
in the United States until July 3, 1985. They became legally 
removable from the United States on July 3, 1985, as having 
remained longer in the United States that permitted by law.
    An Order to show Cause was issued to the beneficiaries on 
May 25, 1989, charging deportability under Section 241(a)(2) of 
the Immigration and Nationality Act. On June 6, 1990, the 
beneficiaries requested asylum and a withholding of 
deportation. On June 29, 1990, the Immigration Judge denied 
both related requests and granted voluntary departure. On 
December 7, 1994, an appeal was filed and the Board of 
Immigration Appeals dismissed the appeal. On March 2, 1995, a 
petition for review was filed at the 10th Circuit of Appeals 
and was subsequently also dismissed.
    Checks made to the national agencies were mail on May 19, 
1999, to the Criminal Justice Information Services, and Federal 
Bureau of Investigation in Clarksburg, West Virginia. The 
fingerprints were resubmitted to Clarksburg, West Virginia, on 
July 23, 1999, and the results are pending.

                                  
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