S98 CONGRESSIONAL RECORD — SENATE January 6, 2009 

I have sponsored this legislation, and 

asked my colleagues to support it, because I believe that this is a spirit that 

we must nurture wherever we can find 

it. Forcing the Plascencias to leave the 

United States would extinguish that 

spirit. I ask my colleagues to support 

this private bill on behalf of the 

Plascencia family. 

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. 125 

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 

ALFREDO PLASCENCIA LOPEZ AND 

MARIA DEL REFUGIO PLASCENCIA. 

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

1151), Alfredo Plascencia Lopez and Maria 

Del Refugio Plascencia shall each be eligible 

for the 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 Alfredo 

Plascencia Lopez or Maria Del Refugio 

Plascencia enter the United States before 

the filing deadline specified in subsection (c), 

Alfredo Plascencia Lopez or Maria Del 

Refugio Plascencia, as appropriate, 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 immigrant visas 

or the application for adjustment of status 

are filed with appropriate fees within 2 years 

after the date of the enactment of this Act. 

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

or permanent residence to Alfredo 

Plascencia Lopez and Maria Del Refugio 

Plascencia, 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 Alfredo Plascencia Lopez and Maria 

Del Refugio Plascencia 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 Alfredo Plascencia Lopez and Maria Del 

Refugio Plascencia under section 202(e) of 

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

By Mrs. FEINSTEIN: 

S. 126. A bill for the relief of Claudia 

Marquez Rico; to the Committee on the 

Judiciary. 

Mrs. FEINSTEIN. Mr. President, I 

am offering today private relief legislation to provide lawful permanent residence status to Claudia Marquez Rico, 

a Mexican national living in Redwood 

City, CA. 

Born in Jalisco, Mexico, Claudia was 

brought to the United States by her 

parents 16 years ago. 

Claudia was just 6 years old at the 

time. She has two younger brothers, 

Jose and Omar, who came to America 

with her, and a sister, Maribel, who 

was born in California and is a U.S. 

Citizen. America is the only home they 

know. 

Eight years ago that home was visited by tragedy. As Mr. and Mrs. 

Marquez were driving to work early on 

the morning of October 4, 2000, they 

were both killed in a horrible traffic 

accident when their car collided with a 

truck on an isolated rural road. 

The children went to live with their 

aunt and uncle, Hortencia and Patricio 

Alcala. The Alcalas are a generous and 

loving couple. They are U.S. citizens 

with two children of their own and 

took the Marquez children in and did 

all they could to comfort them in their 

grief. They supervised their schooling, 

and made sure they received the counseling they needed, too. The family is 

active in their parish at Buen Pastor 

Catholic Church, and Patricio Alcala 

serves as a youth soccer coach. In 2001, 

the Alcalas were appointed the legal 

guardians of the Marquez children. 

Sadly, the Marquez family received 

poor legal representation. At the time 

of their parents’ death, Claudia and 

Jose were minors, and qualified for special immigrant juvenile status. This 

category was enacted by Congress to 

protect children like them from the 

hardship that would result from deportation under such extraordinary circumstances, when a State court deems 

them to be dependents due to abuse, 

abandonment or neglect. 

Today, their younger brother Omar is 

a U.S. Citizen, due to his adjustment as 

a special immigrant juvenile. Unfortunately, the family’s previous lawyer 

failed to secure this relief for Claudia, 

and she has now reached the age of majority without having resolved her immigration status. 

I should note that their former lawyer, Walter Pineda, is currently answering charges on 29 counts of professional incompetence and 5 counts of 

moral turpitude for mishandling immigration cases and appears on his way to 

being disbarred. 

I am offering legislation on Claudia’s 

behalf because I believe that, without 

it, this family would endure an immense and unfair hardship. Indeed, 

without this legislation, this family 

will not remain a family for much 

longer. 

Despite the adversity they encountered, Claudia finished school. She supports herself, her 17-year-old sister, 

Maribel, and her younger brother 

Omar. Again, both Maribel and Omar 

are now U.S. Citizens. 

Claudia has no close relatives in 

Mexico. She has never visited Mexico, 

and she was so young when she was 

brought to America that she has no 

memories of it. How can we expect her 

to start a new life there now? 

It would be a grave injustice to add 

to this family’s misfortune by tearing 

these siblings apart. This is a close 

family, and they have come to rely on 

each other heavily in the absence of 

their deceased parents. This bill will 

prevent the added tragedy of another 

wrenching separation. 

Given these extraordinary and 

unique facts, I ask my colleagues to 

support this private relief bill on behalf 

of Claudia Rico. 

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. 126 

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 

CLAUDIA MARQUEZ RICO. 

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

1151), Claudia Marquez Rico 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 such Act (8 

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

lawful permanent resident. 

(b) ADJUSTMENT OF STATUS.—If Claudia 

Marquez Rico enters the United States before the filing deadline specified in subsection (c), she shall be considered to have 

entered and remained lawfully and, if otherwise eligible, 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 NUMBER.—Upon the granting of an immigrant 

visa or permanent residence to Claudia 

Marquez Rico, 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 Claudia Marquez Rico 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 Claudia Marquez Rico under section 

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

(e) DENIAL OF PREFERENTIAL IMMIGRATION

TREATMENT FOR CERTAIN RELATIVES.—The 

natural parents, brothers, and sisters of 

Claudia Marquez Rico shall not, by virtue of 

such relationship, be accorded any right, 

privilege, or status under the Immigration 

and Nationality Act (8 U.S.C. 1101 et seq.). 

By Mrs. FEINSTEIN: 

S. 127. A bill for the relief of Jacqueline W. Coats; to the Committee on 

the Judiciary. 

Mrs. FEINSTEIN. Mr. President, I 

offer today private relief legislation to 

provide lawful permanent residence 

status to Jacqueline Coats, a 28-yearold widow currently living in San 

Francisco. 

Mrs. Coats came to the U.S. in 2001 

from Kenya on a student visa to study 

Mass Communications at San Jose 

State University. Her visa status 

lapsed in 2003, and the Department of 


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January 6, 2009 CONGRESSIONAL RECORD — SENATE S99 

Homeland Security began deportation 

proceedings against her. 

Mrs. Coats married Marlin Coats on 

April 17, 2006, after dating for several 

years. The couple was happily married 

and planning to start a family when, 

on May 13, Mr. Coats tragically died in 

a heroic attempt to save two young 

boys from drowning. 

The couple had been on a Mother’s 

Day outing at Ocean Beach with some 

of Mr. Coats’ nephews when they heard 

cries for help. Having worked as a lifeguard in the past, Mr. Coats instinctively dove into the water. The two 

children were saved with the help of a 

rescue crew, but Mr. Coats, caught in a 

riptide, died. Mrs. Coats received a 

medal honoring her husband. 

Four days before Mr. Coats’ death, 

the couple prepared and signed an application for a green card at their attorney’s office. Unfortunately the petition was not filed until after his death, 

rendering it invalid. Mrs. Coats currently has a hearing before an immigration judge in San Francisco on August 24, but her attorney has informed 

my staff that she has no relief available to her and will be ordered deported. 

Mrs. Coats, devastated by the loss of 

her husband, is now caught in a battle 

for her right to stay in America. At a 

recent news conference with her lawyer, Thip Ark, she explained of her situation, ‘‘I feel like I have nothing to 

live for. I have nothing to go home to 

. . . I’ve been here four years . . . It 

would be like starting a new life.’’ 

Ms. Ark explains that Mrs. Coats is 

extremely close with her late husband’s family, with whom she lives in 

San Leandro, California. Mrs. Coats 

has said that her husband’s large family has become her own. Ramona Burton of San Francisco, one of Marlin 

Coats’ seven brothers and sisters explains, ‘‘She spent her first American 

Christmas with us, her first American 

Thanksgiving . . . I can’t imagine 

looking around and not seeing her 

there. She needs to be there.’’ 

The San Francisco and Bay Area 

community has rallied strong support 

for Mrs. Coats. The San Francisco 

chapters of the NAACP, the San Francisco Board of Supervisors, and the San 

Francisco Police Department, have all 

passed resolutions in support of Mrs. 

Coats’ right to remain in the country. 

Unfortunately, if this private relief 

bill is not approved, this young woman, 

and the Coats family, will face yet another disorienting and heartbreaking 

tragedy. Mrs. Coats will be deported to 

Kenya, a country she has not lived in 

since she was 21. In her time of grieving, she will be forced to leave her 

home, her job with AC Transit, her new 

family, and everything she has known 

for the past 5 years. 

I cannot think of a compelling reason 

why the United States should not allow 

this young widow to continue the green 

card process. Had her husband lived, 

Mrs. Coats would have filed the papers 

without difficulty. It was because of 

her husband’s selfless and heroic act 

that Mrs. Coats must now struggle to 

remain in the country. As one concerned California constituent wrote to 

me, ‘‘If ever there was a case where 

common fairness, morality and decency should reign over legal technicalities, this is it. We, as a country, 

need to reward heroism and good.’’ 

I believe that we can reward the late 

Mr. Coats for his noble actions by 

granting his wife citizenship. It is what 

he intended for her. It can even be argued that a green card for his wife was 

one of his dying wishes, as the papers 

were signed just 4 days prior to his 

death. 

For these reasons, I reintroduce this 

private relief immigration bill and ask 

my colleagues to support it on behalf 

of Mrs. Coats. 

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. 127 

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 

JACQUELINE W. COATS. 

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

1151), Jacqueline W. Coats 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 Jacqueline 

W. Coats enters the United States before the 

filing deadline specified in subsection (c), 

Jacqueline W. Coats 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 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 Jacqueline 

W. Coats, 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 Jacqueline W. Coats 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 Jacqueline W. Coats under section 

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

By Mrs. FEINSTEIN: 

S. 128. A bill for the relief of Jose 

Alberto Martinez Moreno, Micaela 

Lopez Martinez, and Adilene Martinez; 

to the Committee on the Judiciary. 

Mrs. FEINSTEIN. Mr. President, 

today I am reintroducing private immigration relief legislation to provide 

lawful permanent residence status to 

Jose Alberto Martinez Moreno and 

Micaela Lopez Martinez and their 

daughter, Adilene Martinez—Mexican 

nationals now living in San Francisco, 

California. 

This family embodies the true American success story and I believe they 

merit Congress’ special consideration 

for such an extraordinary form of relief 

as a private bill. 

Mr. Martinez came to the United 

States eighteen years ago from Mexico. 

He started working as a bus boy in restaurants in San Francisco. In 1990, he 

began working as a cook at Palio 

D’Asti, an award winning Italian restaurant in San Francisco. 

According to the people who worked 

with him, he ‘‘never made mistakes, 

never lost his temper, and never 

seemed to sweat.’’ 

Over the years, Jose Martinez has 

worked his way through the ranks. 

Today, he is the sous chef at Palio, 

where he is respected by everyone in 

the restaurant, from dishwashers to 

cooks, busboys to waiters, bartenders 

to managers. 

Mr. Martinez has unique skills: he is 

an excellent chef; he is bilingual; he is 

a leader in the workplace. He is described as ‘‘an exemplary employee’’ 

who is not only ‘‘good at his job, but is 

also a great boss to his subordinates.’’ 

He and his wife, Micaela, have made 

a home in San Francisco. Micaela has 

been working as a housekeeper. They 

have three daughters, two of whom are 

United States citizens. Their oldest 

child Adilene, 20, is undocumented. 

Adilene recently graduated from the 

Immaculate Conception Academy and 

is attending San Francisco City College. 

One of the most compelling reasons 

for allowing the family to remain in 

the United States is that they are eligible for a green card. Unfortunately, 

there is such a back log for green cards 

right now that even though he has a 

work permit, owns a home in San 

Francisco, works two jobs, and has 

been in the United States for twenty 

years with a clean record, he and his 

family will be deported. 

Mr. Martinez and his family have applied unsuccessfully for legal status 

several ways: 

In May 2002, Mr. and Mrs. Martinez 

filed for political asylum. Their case 

was denied and a subsequent application for a Cancellation of Removal was 

also denied because the immigration 

court judge could not find ‘‘requisite 

hardship’’ required for this relief. 

Ironically, the immigration judge 

who reviewed their case found that Mr. 

Martinez’s culinary ability was a negative factor—as it indicated that he 

could find a job in Mexico. 

In 2001, his sister, who has legal status, petitioned for Mr. Martinez to get 

a green card. Unfortunately, because of 

the current green card backlog, Mr. 

Martinez has several years to wait before he is eligible for a green card. 


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