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 


wwoods2 on PRODPC68 with SENATE
January 6, 2009 CONGRESSIONAL RECORD — SENATE S97 

the State. He has never received any 

Federal or State assistance. 

With his hard work and giving attitude, Shigeru Yamada represents the 

ideal American citizen. Although born 

in Japan, he is truly American in every 

other sense. 

Given these extraordinary and 

unique facts, I ask my colleagues to 

support this private relief bill on behalf 

of Mr. Yamada. 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. 124 

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 

SHIGERU YAMADA. 

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

1151), Shigeru Yamada shall 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 that Act (8 

U.S.C. 1154) or for adjustment of status to 

lawful permanent resident. 

(b) ADJUSTMENT OF STATUS.—If Shigeru Yamada enters the United States before the filing deadline specified in subsection (c), 

Shigeru Yamada shall be considered to have 

entered and remained lawfully 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 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 Shigeru Yamada, the Secretary of State shall instruct 

the proper officer to reduce by 1, 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 Shigeru Yamada 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 Shigeru Yamada under section 202(e) of 

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

By Mrs. FEINSTEIN: 

S. 125. A bill for the relief of Alfredo 

Plascencia Lopez and Maria Del 

Refugio Plascencia; to the Committee 

on the Judiciary. 

Mrs. FEINSTEIN. Mr. President, I 

rise today to offer legislation to provide lawful permanent residence status 

to Alfredo Plascencia Lopez and his 

wife, Maria del Refugio Plascencia, 

Mexican nationals who live in the San 

Bruno area of California. 

I have decided to offer legislation on 

their behalf because I believe that, 

without it, this hardworking couple 

and their four United States citizen 

children would endure an immense and 

unfair hardship. Indeed, without this 

legislation, this family may not remain a family for much longer. 

The Plascencia’s have worked for 

years to adjust their status through 

the appropriate legal channels, only to 

have their efforts thwarted by inattentive legal counsel. Repeatedly, the 

Plascencia’s lawyer refused to return 

their calls or otherwise communicate 

with them in anyway. He also failed to 

forward crucial immigration documents, or even notify the Plascencias 

that he had them. Because of the poor 

representation they received, Mr. and 

Mrs. Plascencia only became aware 

that they had been ordered to leave the 

country 15 days prior to their deportation. 

Although the family was stunned and 

devastated by this discovery, they 

acted quickly to secure legitimate 

counsel and to file the appropriate paperwork to delay their deportation to 

determine if any other legal action 

could be taken. 

For several reasons, it would be tragic for this family to be removed from 

the United States. 

First, since arriving in the United 

States in 1988, Mr. and Mrs. Plascencia 

have proven themselves to be a responsible and civic-minded couple who 

share our American values of hard 

work, dedication to family, and devotion to community. 

Second, Mr. Plascencia has been 

gainfully employed at Vince’s Shellfish 

for the over 14 years, where his dedication and willingness to learn have propelled him from part-time work to a 

managerial position. He now overseas 

the market’s entire packing operation 

and several employees. 

The president of the market, in one 

of the several dozen letters I have received in support of Mr. Plascencia, referred to him as ‘‘a valuable and respected employee’’ who ‘‘handles himself in a very professional manner’’ and 

serves as ‘‘a role model’’ to other employees. Others who have written to me 

praising Mr. Plascencia’s job performance have referred to him as ‘‘gifted,’’ 

‘‘trusted,’’ ‘‘honest,’’ and ‘‘reliable.’’ 

Third, like her husband, Mrs. 

Plascencia has distinguished herself as 

a medical assistant at a Kaiser 

Permanente hospital in the Bay Area. 

Not satisfied with working as a maid at 

a local hotel, Mrs. Plascencia went to 

school, earned her high school equivalency degree and improved her skills to 

become a medical assistant. 

Those who have written to me in support of Mrs. Plascencia, of which there 

are several, have described her work as 

‘‘responsible,’’ ‘‘efficient,’’ and ‘‘compassionate.’’ 

In fact, Kaiser Permanente’s Director 

of Internal Medicine, Nurse Rose 

Carino, wrote to say that Mrs. 

Plascencia is ‘‘an asset to the community and exemplifies the virtues we 

Americans extol: hardworking, devoted 

to her family, trustworthy and loyal, 

[and] involved in her community. She 

and her family are a solid example of 

the type of immigrant that America 

should welcome wholeheartedly.’’ 

Mrs. Carino went on to write that 

Mrs. Plascencia is ‘‘an excellent employee and role model for her colleagues. She works in a very demanding unit, Oncology, and is valued and 

depended on by the physicians she 

works with.’’ 

Together, Mr. and Mrs. Plascencia 

have used their professional successes 

to realize many of the goals dreamed of 

by all Americans. They saved up and 

bought a home. They own a car. They 

have good health care benefits and 

they each have begun saving for retirement. They want to send their children 

to college and give them an even better 

life. 

This legislation is important because 

it would preserve these achievements 

and ensure that Mr. and Mrs. 

Plascencia will be able to make substantive contributions to the community in the future. 

It is important, also, because of the 

positive impact it will have on the couple’s children, each of whom is a 

United States citizen and each of whom 

is well on their way to becoming productive members of the Bay Area community. 

Christina, 17, is the Plascencia’s oldest child, and an honor student. Erika, 

14, and Alfredo, Jr., 12, have worked 

hard at their studies and received 

praise and good grades from their 

teachers. In fact, the principal of 

Erika’s school has recognized her as 

the ‘‘Most Artistic’’ student in her 

class. Erika’s teacher, Mrs. Nascon, remarked on a report card, ‘‘Erika is a 

bright spot in my classroom.’’ 

The Plascencia’s also have two young 

children: 6-year-old Daisy and 2-yearold Juan-Pablo. 

Removing Mr. and Mrs. Plascencia 

from the United States would be tragic 

for their children. Children who were 

born in the United States and who 

through no fault of their own have 

been thrust into a situation that has 

the potential to dramatically alter 

their lives. 

It would be especially tragic for the 

Plascencia’s older children—Christina, 

Erika, and Alfredo—to have to leave 

the United States. They are old enough 

to understand that they are leaving 

their schools, their teachers, their 

friends, and their home. They would 

leave everything that is familiar to 

them. 

Their parents would find themselves 

in Mexico without a job and without a 

house. The children would have to acclimate to a different culture, language, and way of life. 

The only other option would be for 

Mr. and Mrs. Plascencia to leave their 

children here with relatives. This separation is a choice which no parents 

should have to make. 

Many of the words I have used to describe Mr. and Mrs. Plascencia are not 

my own. They are the words of the 

Americans who live and work with the 

Plascencias day in and day out and 

who find them to embody the American 

spirit. 


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