Note: the Texas Civil Rights Review would like to thank Laura Mszar, media aide to Congressman Louie Gohmert (R-TX) for supplying the transcript.
The complete context of the hearing is instructive. For example, one Congressman supports one private bill, because siblings of the petitioner have been granted status. Yet, when it comes to the case of Mr. Neza, the same Congressman does not seem to place equal weight on the fact that Rrustem’s brothers have been granted asylum.
On the other hand, the same Congressman is raising interesting questions about what DHS calls “inconsistencies” in Mr. Neza’s record. And it is troubling to see how Congressmen are unable to secure records of Mr. Neza’s case for their own critical review.
For readers who want to focus on the Neza materials, TCRR has put into bold type the sentence that opens the discussion of Rrustem Neza’s case–gm
CONGRESSIONAL TRANSCRIPTS
Congressional Hearings
Feb. 26, 2008
House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law Holds Markup of Immigration Relief Legislation
LOFGREN:
The committee will come to order. We welcome everyone.
Today the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law will entertain motions to request U.S. Immigration and Custom Enforcement report on three private bills, H.R. 1485, H.R. 4070, and H.R. 5221. We will also mark up H.R. 2760.
Without objection, the chair is authorized to declare a (inaudible) subcommittee.
Pursuant to those, the chair calls up H.R. 1485, a private bill for the relief of Esther Karinge. The chair calls up the bill for purposes of requesting a department report from the U.S. and Immigrations Customs Enforcement or ICE.
Esther Karinge was born in Kenya on April 24, 1962. She came to the United States on September 30, 1994, to escape persecution in her home country.
She subsequently applied for asylum but that claim wound its way through the administrative process until it was finally denied in 2003.
Prior to denial, Esther has been allowed to remain in the country (inaudible) of removal which DHS has granted annually. Esther’s son, Nicholas, was born in Cambridge, Massachusetts on September 2, 1995, with multiple birth defects. He suffers from severe physical and mental disabilities including cerebral palsy, spastic quadriplegia, hearing loss, and development delays.
On learning of these birth defects, Nicholas’ father abandoned the family, leaving Esther as Nicholas’ only parent and caretaker. As a result, Nicholas is completely dependent on Esther for survival. He needs to continue medical care, required (inaudible) from a specialist.
He has made significant improvements. The doctors believe any progress will be lost if he were to return to where such services are not available to him.
Nicholas’ removal to Kenya or separation from his mother would have serious detrimental impacts on his development and, according to his doctors, he might not survive if he were taken back to Kenya.
While he has exceeded doctor’s expectations with treatment within the U.S., the treatment he depends on for survival is not available. Doctors also believe that separating Nicholas from his mother would be emotionally devastating and potentially life-threatening because of his mental and physiological disabilities.
One of Nicholas’ specialists knows that children separated from their parents (inaudible) syndrome which can include deterioration of physical and mental health.
H.R. 1485 appears to present the only hope for Esther and Nicholas to stay in this country where Nicholas can get the help he needs to survive.
I now recognize our ranking member, the gentleman from Iowa , Steve King, (inaudible).
KING:
Thank you, Madam Chair.
I support requesting a DHS report for Esther Njeri Karinge. Esther was born in Kenya in 1962. She came to the United States in 1994 and applied for asylum in 1997. Her asylum request was denied in 1998.
Esther’s son, Nicholas, was born in Massachusetts in 1995 with multiple birth defects. He continues to suffer from several severe physical and mental disabilities including cerebral palsy, spastic quadriplegia, hearing loss, and developmental delays.
Upon learning of these birth defects, Nicholas’ father abandoned the family, leaving Esther as Nicholas’ only parent and caretaker. Nicholas is completely dependent upon Esther.
He needs continuous medical care and requires medical management from numerous specialists.
There is fear that taking him back to Kenya will eliminate the sophisticated therapy that is Nick’s lifeline to diminishing the effects of cerebral palsy on his development.
He’s now receiving services in, arguably, the finest settings available in the world. Without these interventions, this extremely bright boy would be unable to navigate either physically or linguistically.
His potential which, with continued therapy and education is limitless, will be drastically curtailed should current interventions be terminated.
Due to the severity of Nicholas’ medical condition, DHS has granted Esther stays of removal. The most recent stay of removal expires this month.
Esther filed an extension request in November 2007 with DHS but has not yet received a decision.
There’s ample precedent in the modern era for the enactment of private bills where the alien’s U.S. citizen family member suffered serious illnesses which would be exacerbated if the aliens were returned home or the U.S. citizens accompanied them home.
A private bill was enacted in the 104th Congress for an alien who had earlier been deported to Mexico for marriage fraud. Before his deportation, he married his second wife in a legitimate marriage and they had two children.
His wife and one of their children were carriers for Ryders Syndrome, a severe disabling and curable arthritic disease which could be triggered by an intestinal infection with an organism widespread in Mexico. Thus, they risked serious injury by joining him in Mexico.
The private bill waived the grounds of inadmissibility for marriage fraud.
The House report stated that this legislation acknowledges the previously set precedent in private legislation that separation due to medical circumstances is viewed at satisfying the standard of extreme hardship to an American citizen.
Additionally, in the 106th Congress, a private bill was enacted granting permanent residence to an alien whose petition for permanent residence filed by his U.S. citizen wife had been denied because of marriage fraud in his first marriage.
The INS believed the second marriage was valid. The alien’s U.S. citizen wife had been diagnosed with multiple sclerosis and her doctor indicated that she might rapidly deteriorate as a result of any type of severe stress.
I urge my colleagues to support a request for a DHS report.
And I thank you, Madam Chair, and I yield back.
LOFGREN:
The gentleman will yield back because we have a working forum but not one sufficient for a vote. I will call for the yea’s and nay’s.
We will defer this vote until after the first vote on the floor of the House where we will meet in the Rayburn Room.
We now move to H.R. 4070. Pursuant to notice, I call up H.R. 4070, a private bill for the relief of Rrustem Neza.
I call up the bill for the purpose of requesting a department report from ICE.
I will note, however, that we have had a discussion. We have communicated extensively with both of the minority and the majority on these private bills, and we have asked that ICE defer any action on this bill until early April so t
hat the ranking member might have an opportunity to (inaudible) of the decisions of the brothers (inaudible).
So if we receive word that that deferral is agreed to, then we will just reagendize this if necessary. However, if we do not get that insurance, then we will have a vote on this matter (inaudible) options that we have not (inaudible) back from ICE.
I thank you very much, Mr. Gohmert.
And Mr. Neza was born in Albania on February 18, 1975. He entered the U.S. on January 27, 2001 to escape (inaudible) asylum.
According to the documents in his file, he has gone public with information concerning the (inaudible) of a close aide to the prime minister.
(Inaudible) were murdered for the knowledge of the assassination, and the two brothers fled Albania, received asylum in the U.S. Fearing for his life, Rrustem first fled to Belgium and later to join his brothers in the U.S.
Despite the fact that his two brothers obtained asylum in the country, however, his claim for asylum, which was based on the same set of facts, was denied. Due to this and other factors, there’s reason to believe that Rrustem (inaudible) during his asylum proceedings.
And there appears to be a reasonable belief that he bases the fascination (inaudible) Albania.
H.R. 4070 may represent his only opportunity to stay in the U.S.
And I would now recognize ranking member (inaudible).
KING:
Thank you, Madam Chair. I am going to agree with the description of these proceedings as you have laid them out in your statement.
And I want to express my reservations. And that is that it would be a precedent to overturn the appeals board’s decision. And this gentleman has had a hearing, and he’s had an appeal. In both cases, they found against his asylum.
But the distinctions in this case come to the evidence or information that one of his two brothers, who has been granted asylum, was a witness of an assassination and that two of his cousins were then subsequently killed that were, apparently, not witnesses to the assassination but family members of the witness to the assassination.
I have my concerns about the inconsistencies that may be in his record, that apparently are. And I have my concerns about not having, at this point, access to the hearing records and the transcript of that hearing.
I am interested in reading those transcripts and becoming familiar with the information and to be able to identify just what inconsistencies there are. And I know that there is at least one of them that is inconsistent that isn’t rational if he was seeking to defeat the system unjustly.
So I appreciate the patience here on the part of the chair and Mr. Gohmert.
I believe that I have an obligation to scrutinize these private bills as they come before this committee in a fashion without regard to who might be advancing them, but simply — or the names that are on there — but the evidence that is before us.
And so we have an opportunity to do that, and I certainly don’t reject the opinions that have been presented here. And I call upon the Department of Homeland Security to suspend any deportation until such time as we have had an opportunity to review those records and for this subcommittee to act on this request as a private bill.
So with that, Madam Chair, I yield back the balance of my time.
LOFGREN:
The gentleman yields back. I yield to Mr. Gohmert.
GOHMERT:
Thank you, Madam Chair.
I won’t take much time other than to say, as usual, I have the same concerns as my friend Mr. King.
Our ranking member of the overall committee has concern about precedents being set.
My feeling is in a case in which I personally have come to a reasonable belief that a man is in jeopardy of being murdered by his own country, then I don’t have a problem filing a private bill and pushing that to try to help them avoid that situation.
I have such a reasonable belief in this case. I appreciate Mr. King’s concern and interest in wanting to get all the information before making a decision.
So I am OK with waiting so long as Homeland Security is not going to pull him out like they did last week, apparently, to this time give him the injections and then ship him off.
I don’t think that we should be sedating people just so they don’t cry on the way going back to the murdered.
I appreciate the chair’s assistance, (inaudible), and patience. I appreciate it very much (inaudible) who wants to try to avoid (inaudible) being done in this case.
I don’t want the Congress (inaudible) Homeland Security could be blamed. But, ultimately, (inaudible) certificate (inaudible) executed (inaudible) to an innocent.
LOFGREN:
The gentleman yields back. The chair will now entertain a motion to request a report from ICE on the private bill.
A voting quorum not being present, we will postpone further proceedings on this bill until after the first vote in the Rayburn Room.
Pursuant to notice, I call up H.R. 5243, a private bill for the relief of Kumi Iizuki-Barcena.
I call up the bill for the purpose of requesting a department report from ICE.
Ms. Iizuki was born in Japan on October 28, 1965. She entered the United States in 1992.
While in the U.S. , she met and fell in love with Andrew Barcena, a U.S. citizen. She married Andrew on July 29, 2004, while he was training police officers through the El Paso Police Department.
Two weeks later, Andrew filed immigration petitions for her based on their marriage. A little over one month later, Andrew was shot and killed while attempting to subdue an aggressive spouse during a domestic disturbance and died before DHS could process and improve the immigration file on behalf of his wife.
Due to the circumstances, DHS granted Kumi deferred action to continue to care for Andrew’s father, who was diabetic and who suffered partial paralysis due to a stroke.
As if she had not experienced tragedy enough, less than two years after Andrew’s death, she was diagnosed with breast cancer for which she required two rounds of surgery as well as chemo and radiation therapy.
It appears that H.R. 5243 is her only opportunity to remain in the United States.
I now recognize our ranking member, Mr. King.
KING:
Thank you, Madam Chair.
I support requesting a DHS report for Kumi Iizuki.
Kumi was born in Japan in 1965. She entered the United States on a student visa in 1992 and received a bachelor’s degree from West Virginia Wesleyan College and a master’s degree from the University of Hartford.
In ’98, Kumi began working for Elcom, Inc. on an H1B Visa.
In ’04, she married Andrew Barcena, a U.S. citizen, and he filed a petition for personality residence for Kumi.
Andrew was training to be a police officer for the El Paso Police Department. He graduated from the police academy in August of ’04, but just one month later, he was shot and killed while attempting to subdue an aggressive spouse during a domestic disturbance call.
Andrew died before DHS could process and approve Kumi’s immigration petition. Upon his death, the petition expired.
However, DHS granted Kumi deferred action status along with employment authorization so that she could continue to care for Andrew’s father, who was a diabetic and suffers partial paralysis due to a stroke.
In ’06, Kumi was diagnosed with breast cancer. DHS recently extended Kumi’s grant of deferred action until next February.
There’s ample modern error precedent for the private bill. Congress has often looked favorably on private bills where the alien spouse of an American citizen wants the right to immigrate because of the death of the Amer
ican citizen before the approval of the petition for conditional permanent residence for the alien.
Congress has also passed private bills where the beneficiary was the spouse of a U.S. citizen or legal alien who died while in service to the United States such as the military or the State Department.
This was a police department. It also fits within that category.
I urge my colleagues to support this request for a DHS report, and I yield back.
LOFGREN:
The gentleman yields back.
The chair will entertain a motion to request a report from ICE offered by the gentleman from Iowa.
A voting quorum not being presently, we will postpone further proceedings on this bill.
Pursuant to notice, I now call up H.R. 2760, a private bill for the relief of Shigeru Yamada for the purpose of markup.
CLERK:
H.R. 2760, a bill for the relief of Shigeru Yamada, being enacted by the Senate and House…
LOFGREN:
The bill will be considered as (inaudible) and open for (inaudible).
When he was only ten years old, Shigeru and his sisters were brought to the U.S. from Japan by their mother, a student who came over on a visa.
They lived here for over three years. During this time, Shigeru’s mother became engaged to (inaudible). Had she married her fiance, she and her children would have been able to (inaudible) presence in the country.
Unfortunately, Shigeru’s mother was killed in a car accident. After his mother’s death, Shigeru and his sisters were raised by (inaudible).
Shigeru’s natural father was an alcoholic and had been physically abusive to his mother.
Shigeru’s aunt, thereupon after, attempted to formally adopt Shigeru, but the adoption was not completed before his 18th birthday. (Inaudible).
His sisters, however, were able to obtain status. In the meantime, Shigeru became a model student, graduating from high school with honors. In 2000, he was named (inaudible) player of the year (inaudible).
He has no basis to immigrate to the United States other than H.R. 2760.
Here’s a report from ICE (inaudible).
KING:
Thank you, Madam Chair.
Shigeru Yamada was born in Japan. In 1992, when Shigeru was ten years old, his mother brought him to the United States as a dependent on her student visa. She intended to enter and study in the United States.
In 1995, when Shigeru was 13 years old, his mother was killed in a car accident.
At the time of her death, Shigeru’s mother was engaged to be married to a U.S. citizen.
If his mother had survived and married the U.S. citizen, Shigeru would have obtained legal, permanent resident status, and potentially, even U.S. citizenship through his mother and/or, potentially, his future stepfather.
Because Shigeru’s natural father was an alcoholic and physically abusive to Shigeru’s mother and siblings, Shigeru and his siblings, at the time, had few choices on which adult to live with after their mother’s death.
They were subsequently raised by an aunt in Chula Vista, California.
Although Shigeru’s aunt attempted to formally adopt Shigeru, the adoption was not completed before his 18th birthday.
Regardless, under current immigration law, Shigeru would have had to be adopted before the age of 16 to obtain legal immigration status in the United States.
Shigeru’s younger sibling, now at the age of 14, was adopted by another family while another sibling has married a U.S. citizen.
Shigeru attended East Lake High School and graduated with honors. He’s now 25 years old.
The Department of Homeland Security report indicates that he currently works at Nordstrom’s. The DHS report revealed no deleterious information regarding Shigeru.
The private bill does fit within modern era private immigration precedent, however, narrowly.
Private immigration bills have been enacted where the aliens have been abandoned by their parents or the parents have died.
As this bill is consistent with private immigration bill precedent and the DHS report revealed no deleterious information about the beneficiary, I am going to, with some reservations, support this.
I would note that Shigeru is 25 years old. He’s no longer under a threat of his father being abusive if he were to go back to Japan.
The point of his mother was engaged to be married to a U.S. citizen is a difficult case to prove.
And I am reluctant and concerned about that being advanced on the allegations of engagement because that is not a legal structure; it’s simply a promise. And we know they are often not kept.
But because his two siblings have been granted lawful status in the United States and have passed the U.S. citizenship, because of the case that’s before us, and I think because of the — I will say, the consensus that’s here before this committee and the deliberations that we have had in our discussions — I’m going to support this.
And I yield back the balance of my time, Madam Chair.
LOFGREN:
I thank the gentleman.
Are there any amendments?
There being no amendments, the question is on reporting the bill favorably to the whole of the Judiciary Committee.
All those in favor — a voting quorum not being present, we will postpone further proceedings on this bill until after the first vote today in the Rayburn Room where we will be (inaudible) around nine members of the committee (inaudible) all of those categories.
I do thank the members who have shown up to allow us to act.
CQ Transcriptions, Feb. 26, 2008
PANEL MEMBERS:
REP. ZOE LOFGREN, D-CALIF. CHAIRWOMAN
REP. LUIS V. GUTIERREZ, D-ILL.
REP. HOWARD L. BERMAN, D-CALIF.
REP. SHEILA JACKSON LEE, D-TEXAS
REP. MAXINE WATERS, D-CALIF.
REP. BILL DELAHUNT, D-MASS.
REP. LINDA T. SANCHEZ, D-CALIF.
REP. ARTUR DAVIS, D-ALA.
REP. KEITH ELLISON, D-MINN.
REP. ANTHONY WEINER, D-N.Y.
REP. JOHN CONYERS JR., D-MICH. EX OFFICIO
REP. STEVE KING, R-IOWA RANKING MEMBER
REP. ELTON GALLEGLY, R-CALIF.
REP. ROBERT W. GOODLATTE, R-VA.
REP. DAN LUNGREN, R-CALIF.
REP. J. RANDY FORBES, R-VA.
REP. LOUIE GOHMERT, R-TEXAS
REP. LAMAR SMITH, R-TEXAS EX OFFICIO
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