January 6, 2009 CONGRESSIONAL RECORD — SENATE S95 

are financially successful. Since they 

arrived in the United States, they have 

pursued and, to a degree, achieved the 

American Dream. 

Mr. and Mrs. Liang’s quest to legalize 

their immigration status began in 1993 

when they filed for relief from deportation before an immigration judge. 

The Immigration and Naturalization 

Service, however, did not act on their 

application until nearly 5 years later, 

in 1997, after which time the immigration laws had significantly changed. 

According to the immigration judge, 

had the INS acted on their application 

for relief from deportation in a timely 

manner, they would have qualified for 

suspension of deportation, given that 

they were long-term residents of this 

country with U.S. citizen children and 

other positive factors. By the time INS 

processed their application, however, 

Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which changed the 

requirements for relief from removal to 

the Liangs’ disadvantage. 

I supported the changes of the 1996 

law, but I believe sometimes there are 

exceptions which merit special consideration. The Liangs are such a couple 

and family. Perhaps what distinguishes 

this family from many others is that 

through hard work and perseverance, 

Mr. Liang has achieved a significant 

degree of success in the United States 

while battling a severe form of Post 

Traumatic Stress Disorder. 

According to his psychologist, this 

disorder stems from the persecution he, 

his family and community experienced 

in his native country of Laos during 

the Vietnam War. 

Throughout his childhood and adolescence, Mr. Liang was exposed to numerous traumatic experiences, including the murder of his mother by the 

North Vietnamese and frequent episodes of wartime violence. He also routinely witnessed the brutal persecution 

and deaths of others in his village. In 

1975, he was granted refugee status in 

Taiwan. 

The emotional impact of Mr. Liang’s 

experiences in his war-torn native 

country has been profound and continues to haunt him. His psychologist 

has also indicated that he suffers from 

severe clinical depression, which has 

been exacerbated by the prospect of 

being deported to Taiwan, where on account of his nationality, he believes he 

and his family would be treated as second-class citizens. 

Moreover, Mr. Liang believes that 

the pursuit of further mental health 

treatment in Taiwan would only exacerbate the stigma of being an outsider 

in a country whose language he does 

not speak. Given those prospects, he 

also fears the impact such a stigma 

would have on the well-being and future of his children. 

Given these extraordinary and 

unique facts, I ask my colleagues to 

support this private relief bill on behalf 

of the Liangs. Mr. President, I ask 

unanimous consent that the text of the 

bill be printed in the RECORD. 

There being no objection, the text of 

the bill was ordered to be printed in 

the RECORD, as follows: 

S. 122 

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, 

SECTION 1. ADJUSTMENT OF STATUS. 

(a) IN GENERAL.—Notwithstanding any 

other provision of law or any order, for the 

purposes of the Immigration and Nationality 

Act (8 U.S.C. 1101 et seq.), Robert Liang and 

Alice Liang shall be deemed to have been 

lawfully admitted to, and remained in, the 

United States, and shall be eligible for 

issuance of an immigrant visa or for adjustment of status under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255). 

(b) APPLICATION AND PAYMENT OF FEES.— 

Subsection (a) shall apply only if the applications for issuance of immigrant visas or 

the applications for adjustment of status are 

filed with appropriate fees not later than 2 

years after the date of the enactment of this 

Act. 

(c) REDUCTION OF IMMIGRANT VISA NUMBERS.—Upon the granting of immigrant visas 

to Robert Liang and Alice Liang, the Secretary of State shall instruct the proper officer to reduce by 2, during the current or subsequent fiscal year, the total number of immigrant visas that are made available to natives of the country of birth of Robert Liang 

and Alice Liang under section 203(a) of the 

Immigration and Nationality Act (8 U.S.C. 

1153(a)), or, if applicable, the total number of 

immigrant visas that are made available to 

natives of the country of birth of Robert 

Liang and Alice Liang under section 202(e) of 

that Act (8 U.S.C. 1152(e)). 

By Mrs. FEINSTEIN: 

S. 123. A bill for the relief of Jose 

Buendia Balderas, Alicia Aranda De 

Buendia, and Ana Laura Buendia 

Aranda; to the Committee on the Judiciary. 

Mrs. FEINSTEIN. Mr. President, 

today I am reintroducing legislation to 

provide lawful permanent residence 

status to Jose Buendia Balderas, his 

wife, Alicia Aranda De Buendia, and 

their daughter, Ana Laura Buendia 

Aranda, Mexican nationals who have 

been living and working in the Fresno 

area of California for over 20 years. 

Jose Buendia is a remarkable individual who epitomizes the American 

dream. His father worked as an agricultural laborer in the Bracero program 

over 25 years ago. In 1981, Jose followed 

his father to the United States—where 

he worked in the shadows to help provide for his family in Mexico. 

Since then, Jose has moved from 

working as a landscaper to construction, where he is now a valued employee of Bone Construction in 

Reedley, California. He has been employed by this cement company for the 

past 8 years. Although he knew nothing 

about construction when he began 

working in the field, he was disciplined 

and persistent in his training and is 

now a lead foreman. 

His employer, Timothy Bone, says 

Mr. Buendia is a ‘‘reliable, hardworking and conscientious’’ employee. 

In fact, it was Mr. Bone who contacted 

my office to seek relief for Mr. 

Buendia. 

Alicia Buendia, Jose Buendia’s wife, 

has been working as a seasonal fruit 

packer for several years. The family 

has consistently paid all of their taxes. 

Recently, they paid off their mortgage 

and today, they are debt free. They 

have health insurance, savings and retirement accounts, participate in the 

company profit-sharing company, and 

support their family here and in Mexico. In short, they are living the American dream. 

Their daughter, Ana Laura, is an outstanding student. She earned a 4.0 GPA 

at Reedley High School and was awarded an academic scholarship to the University of California–Berkeley. Unfortunately, because of her immigration 

status, she was unable to accept the 

scholarship and her parents now pay 

full out-of-state tuition for her to attend the University of California– 

Irvine. She is now completing her second year there. 

Their son, Jose, is a U.S. citizen, and 

graduated high school with a 3.85 grade 

point average and honors, and is currently an engineering student at 

Reedley Junior College. For both Jose 

and Ana Laura, the United States is 

the only country they know. 

What makes the story of the 

Buendias so tragic is that they would 

have been eligible to correct their illegal status but for the unscrupulous 

practices of their former immigration 

attorney. 

Because Mr. Buendia has been in this 

country for so long, he qualified for legalization pursuant to the Immigration 

and Reform Control Act of 1986. Unfortunately, his legalization application 

was never acted upon because his attorney, Jose Velez, was convicted of 

fraudulently submitting legalization 

and Special Agricultural Worker applications. 

This criminal conduct tainted all of 

Mr. Velez’s clients. Although Mr. 

Buendia’s application was found not to 

contain any fraudulent documentation, 

it was submitted while his lawyer was 

under investigation. The result was 

that Mr. Buendia was unable to be 

interviewed and obtain legal status. 

To complicate matters, it took the 

Immigration and Naturalization Service nearly 7 years to determine that 

Mr. Buendia’s application contained no 

fraudulent information. In the meantime, the Immigration and Naturalization Service reinterpreted the law and 

determined that he was no longer eligible for relief because he had left the 

United States briefly when he married 

his wife. 

Despite these setbacks, the Buendia 

family has continued to seek legal status. They believed they were successful 

when an immigration judge granted 

the family relief based on the hardship 

their U.S. citizen son would face if his 

family was deported to Mexico. Unfortunately, the government appealed the 

judge’s decision and had it overturned 

by the Board of Immigration Appeals. 

Despite the problems with adjusting 

their legal status, this family has 

forged ahead and continued to play a 

meaningful role in their community. 


wwoods2 on PRODPC68 with SENATE
S96 CONGRESSIONAL RECORD — SENATE January 6, 2009 

They have worked hard. They have invested in their neighborhood. They are 

active in the PTA and their local 

church. 

I believe the Buendia family should 

be allowed to continue to live in this 

country that has become their own. If 

this legislation is approved, the 

Buendias will be able to continue to 

contribute significantly to the United 

States. It is my hope that Congress 

passes this private legislation. 

Mr. President, I ask unanimous consent that the text of the bill be printed 

in the RECORD. 

There being no objection, the text of 

the bill was ordered to be printed in 

the RECORD, as follows: 

S. 123 

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, 

SECTION 1. PERMANENT RESIDENT STATUS FOR 

JOSE BUENDIA BALDERAS, ALICIA 

ARANDA DE BUENDIA, AND ANA 

LAURA BUENDIA ARANDA. 

(a) IN GENERAL.—Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act (8 U.S.C. 

1151), Jose Buendia Balderas, Alicia Aranda 

De Buendia, and Ana Laura Buendia Aranda 

shall each be 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 (8 U.S.C. 1154) or for adjustment of status to lawful permanent resident. 

(b) ADJUSTMENT OF STATUS.—If Jose 

Buendia Balderas, Alicia Aranda De Buendia, 

or Ana Laura Buendia Aranda enter the 

United States before the filing deadline specified in subsection (c), Jose Buendia 

Balderas, Alicia Aranda De Buendia, or Ana 

Laura Buendia Aranda, as appropriate, shall 

be considered to have entered and remained 

lawfully in the United States and shall be eligible for adjustment of status under section 

245 of the Immigration and Nationality Act 

(8 U.S.C. 1255) as of the date of the enactment of this Act. 

(c) APPLICATION AND PAYMENT OF FEES.— 

Subsections (a) and (b) shall apply only if the 

application for the issuance of an immigrant 

visa or the application for adjustment of status is filed with appropriate fees not later 

than 2 years after the date of the enactment 

of this Act. 

(d) REDUCTION OF IMMIGRANT VISA NUMBERS.—Upon the granting of an immigrant 

visa or permanent residence to Jose Buendia 

Balderas, Alicia Aranda De Buendia, and Ana 

Laura Buendia Aranda, the Secretary of 

State shall instruct the proper officer to reduce by 3, during the current or next following fiscal year— 

(1) the total number of immigrant visas 

that are made available to natives of the 

country of birth of Jose Buendia Balderas, 

Alicia Aranda De Buendia, and Ana Laura 

Buendia Aranda under section 203(a) of the 

Immigration and Nationality Act (8 U.S.C. 

1153(a)); or 

(2) if applicable, the total number of immigrant visas that are made available to natives of the country of birth of Jose Buendia 

Balderas, Alicia Aranda De Buendia, and Ana 

Laura Buendia Aranda under section 202(e) of 

such Act (8 U.S.C. 1152(e)). 

By Mrs. FEINSTEIN: 

S. 124. A bill for the relief of Shigeru 

Yamada; to the Committee on the Judiciary. 

Mrs. FEINSTEIN. Mr. President, I 

offer today private relief legislation to 

provide lawful permanent residence 

status to Shigeru Yamada, a 24-yearold Japanese national who lives in 

Chula Vista, California. The House 

passed a private relief bill on behalf of 

Mr. Yamada last year, but unfortunately we were unable to move the bill 

in the Senate before the end of the 

110th Congress. 

I have decided to re-introduce a private bill on his behalf because I believe 

that Mr. Yamada represents a model 

American citizen, for whom removal 

from this country would represent an 

unfair hardship. Without this legislation, Mr. Yamada will be forced to return to a country in which he lacks 

any linguistic, cultural or family ties. 

Mr. Yamada legally entered the 

United States with his mother and two 

sisters in 1992 at the young age of 10. 

The family was fleeing from Mr. 

Yamada’s alcoholic father, who had 

been physically abusive to his mother, 

the children and even his own parents. 

Since then, he has had no contact with 

his father and is unsure if he is even 

alive. Tragically, Mr. Yamada experienced further hardship when his mother was killed in a car crash in 1995. Orphaned at the age of 13, Mr. Yamada 

spent time living with his aunt before 

moving to Chula Vista to live with a 

close friend of his late mother. 

The death of his mother marked 

more than a personal tragedy for Mr. 

Yamada; it also served to impede the 

process for him to legalize his status. 

At the time of her death, Mr. Yamada’s 

family was living legally in the United 

States. His mother had acquired a student visa for herself and her children 

qualified as her dependants. Her death 

revoked his legal status in the United 

States. 

In addition, Mr. Yamada’s mother 

was engaged to an American citizen at 

the time of her death. Had she survived, her son would likely have become an American citizen through this 

marriage. 

Mr. Yamada has exhausted all administrative options under our current immigration system. Throughout high 

school, he contacted attorneys in the 

hopes of legalizing his status, but his 

attempts were unsuccessful. Unfortunately, time has run out and, for Mr. 

Yamada, the only option available to 

him today is private relief legislation. 

For several reasons, it would be tragic for Mr. Yamada to be deported from 

the United States and forced to return 

to Japan. 

First, since arriving in the United 

States, Mr. Yamada has lived as a 

model American. He graduated with 

honors from Eastlake High School in 

2000, where he excelled in both academics and athletics. Academically, he 

earned a number of awards including 

being named an ‘‘Outstanding English 

Student’’ his freshman year, an AllAmerican Scholar, and earning the 

United States National Minority Leadership Award. 

His teacher and coach, Mr. John describes him as being ‘‘responsible, hard 

working, organized, honest, caring and 

very dependable.’’ His role as the vice 

president of the Associated Student 

Body his senior year is an indication of 

Mr. Yamada’s high level of leadership, 

as well as, his popularity and trustworthiness among his peers. 

As an athlete, Mr. Yamada was 

named the ‘‘Most Inspirational Player 

of the Year’’ in junior varsity baseball 

and football, as well as, varsity football. His football coach, Mr. Jose Mendoza, expressed his admiration by saying that he has ‘‘seen in Shigeru Yamada the responsibility, dedication 

and loyalty that the average American 

holds to be virtuous.’’ 

Second, Mr. Yamada has distinguished himself as a local volunteer. As 

a member of the Eastlake High School 

Link Crew, he helped freshman find 

their way around campus, offered tutoring and mentoring services, and set 

an example of how to be a successful 

member of the student body. After 

graduating from high school, he volunteered his time for 4 years as the coach 

of the Eastlake High School Girl’s softball team. The former head coach, who 

has since retired, Dr. Charles Sorge, describes him as an individual full of ‘‘integrity’’ who understands that as a 

coach it is important to work as a 

‘‘team player.’’ 

His level of commitment to the team 

was further illustrated to Dr. Sorge 

when he discovered, halfway through 

the season, that Mr. Yamada’s commute to and from practice was 2 hours 

long each way. It takes an individual 

with character to volunteer his time to 

coach and never bring up the issue of 

how long his commute takes him each 

day. Dr. Sorge hopes that, once Mr. Yamada legalizes his immigration status, 

he will be formally hired to continue 

coaching the team. 

Third, sending Mr. Yamada back to 

Japan would be an immense hardship 

for him and his family here. Mr. Yamada does not speak Japanese. He is 

unaware of the nation’s current cultural trends. 

And, he has no immediate family 

members that he knows of in Japan. 

All of his family lives in California. 

Sending Mr. Yamada back to Japan 

would serve to split his family apart 

and separate him from everyone and 

everything that he knows. 

His sister contends that her younger 

brother would be ‘‘lost’’ if he had to return to live in Japan on his own. It is 

unlikely that he would be able to find 

any gainful employment in Japan due 

to his inability to speak or read the 

language. 

As a member of the Chula Vista community, Mr. Yamada has distinguished 

himself as an honorable individual. His 

teacher, Mr. Robert Hughes, describes 

him as being an ‘‘upstanding ‘AllAmerican’ young man’’. Until being 

picked up during a routine check of 

riders’ immigration status on a city 

bus, he had never been arrested or convicted of any crime. Mr. Yamada is 

not, and has never been, a burden on 


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