[House Report 110-742]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-742

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



 
                    FOR THE RELIEF OF SHIGERU YAMADA

                                _______
                                

   July 8, 2008.--Referred to the Private Calendar and ordered to be 
                                printed

                                _______
                                

    Mr. Conyers, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 2760]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 2760) for the relief of Shigeru Yamada, having considered 
the same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for the Legislation..........................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Cost Estimate........................     3
Performance Goals and Objectives.................................     4
Constitutional Authority Statement...............................     4
Advisory on Earmarks.............................................     4
Section-by-Section Analysis......................................     4
Agency Views.....................................................     5
Additional Views.................................................     7

                          Purpose and Summary

    H.R. 2760 would make Shigeru Yamada eligible for adjustment 
of his status to that of a permanent resident.

                Background and Need for the Legislation

    Shigeru Yamada was born in Japan on March 26, 1982. In 
1992, when Mr. Yamada was 10 years old, he and his two sisters 
were brought to the United States from Japan by their mother, a 
student who came over to the United States on a student visa. 
They lived in the United States for more than 3 years, during 
which time Mr. Yamada's mother became engaged to a United 
States citizen. Had she married her fiance, she and her 
children would have been able to obtain lawful permanent 
residence in the country. Unfortunately, Mr. Yamada's mother 
was killed in a car accident on September 19, 1995.
    After his mother's death, Mr. Yamada and his sisters were 
raised by their maternal aunt and uncle in Chula Vista, 
California. Mr. Yamada's natural father was an alcoholic and 
had been physically abusive to him and his sisters, as well as 
their mother, in the past. There was no other viable caretaker 
in Japan.
    Thereafter, Mr. Yamada's aunt attempted to formally adopt 
him, but the adoption was not completed before his 16th 
birthday (the age cut-off at which adoption by United States 
citizens no longer provides legal immigration status). Mr. 
Yamada thus remained in the United States without legal 
immigration status, unlike his sisters who obtained legal 
status through adoption and marriage.
    In the meantime, Mr. Yamada became a model student, 
graduating from Eastlake High School with honors in 2000. At 
Eastlake, he served on student government, participated in 
numerous community service activities, and excelled at football 
and wrestling. He was an All-American Scholar and was named 
``Outstanding English Student'' his freshman year. He was also 
voted the ``Most Inspirational Player of the Year'' in various 
sports, both at the junior-varsity and varsity level. He served 
as vice president of the associated student body his senior 
year.
    For the past 4 years, Mr. Yamada has volunteered to coach 
the Eastlake High School softball team and has attended 
Southwestern Community College.
    It is through no fault of his own that Mr. Yamada was 
raised in the United States without legal immigration status. 
Mr. Yamada's mother died before she could regularize his 
status, and adoption proceedings by his aunt were begun too 
late to affect his immigration status. H.R. 2760 presents the 
only option for Mr. Yamada to remain in the United States.

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
2760.

                        Committee Consideration

    On February 26, 2008, the Subcommittee on Immigration, 
Citizenship, Refugees, Border Security, and International Law 
met in open session and ordered the bill, H.R. 2760, favorably 
reported, without amendment, by voice vote, a quorum being 
present. On April 2, 2008, the Committee met in open session 
and ordered the bill, H.R. 2760, favorably reported without 
amendment, by voice vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that there 
were no recorded votes during the Committee's consideration of 
H.R. 2760.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises 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.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives 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(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 2760, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 11, 2008.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2760, a bill for 
the relief of Shigeru Yamada.
    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.
            Sincerely,
                                           Peter R. Orszag,
                                                  Director.

Enclosure

cc:
        Honorable Lamar S. Smith.
        Ranking Member
H.R. 2760--A bill for the relief of Shigeru Yamada.
    H.R. 2760 would make Shigeru Yamada eligible for permanent 
residence in the United States. CBO estimates that enacting 
this legislation would have no significant impact on the 
Federal budget.
    The CBO staff contact for this estimate is Mark Grabowicz, 
who can be reached at 226-2860. This estimate was approved by 
Peter H. Fontaine, Assistant Director for Budget Analysis.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
2760 would make Shigeru Yamada eligible for adjustment of his 
status to that of a lawful permanent resident.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII 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.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 2760 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Sec. 1. Permanent Resident Status for Shigeru Yamada. 
Subsection (a) provides that, notwithstanding subsections (a) 
and (b) of section 201 of the Immigration and Nationality Act, 
Shigeru Yamada is 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 or for 
adjustment of status to lawful permanent resident.
    Subsection (b) provides that if Shigeru Yamada enters the 
United States before the filing deadline specified in 
subsection (c), he must be considered to have entered and 
remained lawfully and, if otherwise eligible, be eligible for 
adjustment of status under section 245 of the Immigration and 
Nationality Act as of the date of the enactment of this Act.
    Subsection (c) provides that subsections (a) and (b) apply 
only if the application for issuance of an immigrant visa or 
the application for adjustment of status is filed with 
appropriate fees within 2 years after the date of the enactment 
of this Act.
    Subsection (d) provides that, upon the granting of an 
immigrant visa or permanent residence to Shigeru Yamada, the 
Secretary of State must instruct the proper officer to reduce 
by one, during the current or next following fiscal year, the 
total number of immigrant visas that are made available to 
natives of the country of the alien's birth under section 
203(a) of the Immigration and Nationality Act or, if 
applicable, the total number of immigrant visas that are made 
available to natives of the country of the alien's birth under 
section 202(e) of such Act.
    Subsection (e) provides that the natural parents, brothers, 
and sisters of Shigeru Yamada must not, by virtue of such 
relationship, be accorded any right, privilege, or status under 
the Immigration and Nationality Act.

                              Agency Views

    The comments of the Department of Homeland Security on H.R. 
2760 are as follows:


                            Additional Views

    Meritorious private bills should either represent unique 
and compelling circumstances or fit within private bill 
precedent of the modern era (from the 97th Congress onward, 
following the ABSCAM private bill scandal).
    This private bill does fit within private bill precedent. 
Private immigration bills have been enacted where the aliens 
(usually illegally present) had been abandoned by their parents 
or the parents had died. For instance, in the 106th Congress, a 
private bill was enacted that granted permanent residence to 
Tony Larza.\1\ Tony entered the U.S. illegally with his sister 
from El Salvador when he was 10 years old to join his parents, 
who were living in Los Angeles. After his mother returned to El 
Salvador, she died. His father abandoned Tony and his sister 
and was later deported. After they lived in neglect with an 
uncle, neighbors adopted his sister but could not afford to 
also adopt Tony. At age 16, he started living with his high 
school wrestling coach. He has graduated high school. The 
private bill granted Tony permanent residence.
---------------------------------------------------------------------------
    \1\See Priv. L. No. 106-22.
---------------------------------------------------------------------------
    And, in the 108th Congress, a private bill was enacted that 
granted permanent residence to Richi Lesley.\2\ Richi was born 
in Korea to an unknown U.S. serviceman and a Korean woman. She 
put him up for adoption and he was adopted by another American 
serviceman and his wife (who had also adopted another Korean 
girl). The husband was killed in a fishing accident while 
living in Japan and and his wife became unable to care for the 
two young children. However, the serviceman's mother in the 
U.S. agreed to take the children in and they were granted 
visitor's visas to come to the U.S. (while Richi was still 1 
year old). Following the death of the adoptive grandmother, the 
children lived with other family and friends. The private bill 
granted Richi permanent residence.
---------------------------------------------------------------------------
    \2\See Priv. L. No. 108-3.
---------------------------------------------------------------------------
    A DHS report on Mr. Yamada was received on November 28, 
2007, and contained no derogatory information. Because H.R. 
2760 fits within private bill precedent and the DHS report 
contained no derogatory information, this is a meritorious 
private bill.

                                   Lamar Smith.

                                  
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