79–007

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

2

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:

3

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.

4

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 PadronIglesias, 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

5

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 parttime 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.

6

Fingerprint cards were submitted to the Federal Bureau of Investigation and processed with negative results.

Æ