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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S100 CONGRESSIONAL RECORD — SENATE January 6, 2009 

Finally, Daniel Scherotter, the executive chef and owner of Palio D’Asti, 

has petitioned for legal status for Mr. 

Martinez based on Mr. Martinez’s 

unique skills as a chef. Although Mr. 

Martinez’s work petition was approved 

by U.S. Citizenship and Immigration 

Services, there is a backlog on these 

visas, and Mr. Martinez is on a waiting 

list for a green card through this channel, as well. 

Mr. and Mrs. Martinez have no other 

administrative options available to 

them at this point and if deported, 

they will face a 5 to 10 year ban from 

returning to the United States. In addition, this bill remains the only means 

for Adilene to gain legal status. 

The Martinez family has become an 

important and valued part of their 

community. They are active members 

of their church, their children’s school, 

and Comite de Padres Unido, a grassroots immigrant organization in California. 

They volunteer extensively—advocating for safe new parks in the community for the children, volunteering 

at their children’s school, and working 

on a voter registration campaign, even 

though they are unable to vote themselves. 

In fact, I have received 46 letters of 

support from teachers, church members, and members of their community 

who attest to their honesty, responsibility, and long-standing commitment 

to their community. Their supporters 

include San Francisco Mayor Gavin 

Newsom; former Mayor Willie Brown; 

President of the San Francisco Board 

of Supervisors, Aaron Peskin; and the 

Director of Immigration Policy at the 

Immigrant Legal Resource Center, 

Mark Silverman. 

This family has truly embraced the 

American dream. I believe their continued presence in our country would 

do so much to enhance the values we 

hold dear. Enactment of the legislation 

I have reintroduced today will enable 

the Martinez family to continue to 

make significant contributions to their 

community as well as the United 

States. 

I ask my colleagues to support this 

private bill. 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. 128 

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, for the purposes of 

the Immigration and Nationality Act (8 

U.S.C. 1101 et seq.), Jose Alberto Martinez 

Moreno, Micaela Lopez Martinez, and 

Adilene Martinez shall each be deemed to 

have been lawfully admitted to, and remained in, the United States, and shall be eligible for adjustment of status to that of an 

alien lawfully admitted for permanent residence under section 245 of the Immigration 

and Nationality Act (8 U.S.C. 1255) upon filing an application for such adjustment of 

status. 

(b) APPLICATION AND PAYMENT OF FEES.— 

Subsection (a) shall apply only if 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. 

(c) REDUCTION OF IMMIGRANT VISA NUMBERS.—Upon the granting of permanent resident status to Jose Alberto Martinez 

Moreno, Micaela Lopez Martinez, and 

Adilene Martinez, the Secretary of State 

shall instruct the proper officer to reduce by 

3, during the current or subsequent fiscal 

year, the total number of immigrant visas 

that are made available to natives of the 

country of the birth of Jose Alberto Martinez Moreno, Micaela Lopez Martinez, and 

Adilene Martinez under section 202(e) or 

203(a) of the Immigration and Nationality 

Act (8 U.S.C. 1152(e) and 1153(a)), as applicable. 

By Mrs. FEINSTEIN: 

S. 129. A bill for the relief of Ruben 

Mkoian, Asmik Karapetian, and Arthur 

Mkoyan; to the Committee on the Judiciary. 

Mrs. FEINSTEIN. Mr. President, 

today I am reintroducing a private relief bill on behalf of Ruben Mkoian, his 

wife, Asmik Karapetian and their son, 

Arthur Mkoyan. The Mkoian family 

are Armenian nationals who have been 

living and working in Fresno, California, for over a decade. 

The story of the Mkoian family is 

compelling and I believe they merit 

Congress’s special consideration for 

such an extraordinary form of relief as 

a private bill. 

Let me first start with how the 

Mkoian family arrived in the United 

States. While in Armenia, Mr. Mkoian 

worked as a police sergeant in a division dealing with vehicle licensing. As 

a result of his position, he was offered 

a bribe to register 20 stolen vehicles. 

He refused the bribe and reported the 

incident to the police chief. He later 

learned that his co-worker had registered the vehicles at the request of 

the chief. 

After he reported the offense, Mr. 

Mkoian’s supervisor informed him that 

the department was to undergo an inspection. Mr. Mkoian was instructed to 

take a vacation during this time period. Mr. Mkoian believed that the inspection was a result of the complaint 

that he had filed with the higher authorities. 

During the inspection, however, Mr. 

Mkoian worked at a store that he 

owned rather than taking a vacation. 

During that time, individuals kept entering his store and attempted to damage it and break merchandise. When he 

threatened to call the police, he received threatening phone calls telling 

him to ‘‘shut up’’ or else he would ‘‘regret it.’’ Mr. Mkoian believed that 

these threats were related to the illegal vehicle registrations occurring in 

his department because he had nothing 

else to be silent about. 

Later that same month, three men 

grabbed his wife and attempted to kidnap his child, Arthur, on the street. 

Mrs. Mkoian was told that her husband 

should ‘‘shut up.’’ No one suffered any 

injuries from the incident. In October 

1991, a bottle of gasoline was thrown 

into the Mkoian’s residence and their 

house was burned down. The final incident occurred on April 1, 1992, when 

four or five men assaulted Mr. Mkoian 

in his store. He was beaten and hospitalized for 22 days. 

Following that experience, Mr. 

Mkoian left Armenia for Russia, and 

then came to the United States on a 

visitor’s visa in search of a better life. 

Two years later he brought his wife 

Asmik and his then 3-year-old son Arthur to the United States, also on visitor’s visas. The family applied for political asylum, but the 9th Circuit 

Court of Appeals denied their request 

in January 2008. Thus, the family has 

no further legal recourse by which to 

remain in the country other than this 

bill. 

Since arriving in the United States, 

the family has thrived. Arthur is now 

18 years old and the family has expanded to include Arsen, who is a U.S. 

citizen. 

Both Arthur and Arsen are very special children. In high school, Arthur 

maintained a 4.0 grade point average 

and was a valedictorian for the class of 

2008. I first introduced this bill on his 

graduation day. Today, Arthur is a 

freshman at the University of California, Davis. 

Arsen is following in his older brother’s footsteps. At age 12, he stands out 

among his peers and is on the honor 

roll at Tenaya Middle School in Fresno. 

In addition to raising two outstanding children, Mr. and Mrs. 

Mkoian have maintained steady jobs 

and have devoted time and energy into 

the community and their church. Mr. 

Mkoian is working at HB Medical 

Transportation, as a driver in Fresno. 

His wife, Asmik, has two jobs as a 

medical receptionist with Dr. Kumar in 

Fresno and as a sales clerk at 

Gottschalks Department Store. In addition, she has taken classes at Fresno 

Community College and has completed 

their Medical Assistant Program. 

The family are active members of the 

St. Paul Armenian Church, and Mr. 

Mkoian is a member of the PTA of the 

St. Paul Armenian Saturday School. 

There has been an outpouring of support for this family from their church, 

the schools their children attend, and 

the community at large. 

To date, we have received over 200 

letters of support for the family in addition to numerous telephone calls. I 

also note that I have letters from both 

Congressman GEORGE RADANOVICH and 

JIM COSTA, requesting that I offer this 

bill for the Mkoian family. 

I truly believe that this case warrants our compassion and our extraordinary consideration. 

I ask my colleagues to support this 

private bill. Mr. President, I ask by 

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: 


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