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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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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