69–007 

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. 


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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. 


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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. 


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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. 


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AGENCY VIEWS

The comments of the Department of Homeland Security on H.R. 

2760 are as follows: 


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1See Priv. L. No. 106–22. 2See Priv. L. No. 108–3. 

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. 

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. 

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. 

Æ 


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