[House Report 106-894]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-894
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FOR THE RELIEF OF SEPANDAN FARNIA AND
FARBOD FARNIA
_______
September 26, 2000.--Referred to the Private Calendar and ordered to
be printed
_______
Mr. Hyde, from the Committee on the Judiciary, submitted the following
R E P O R T
[To accompany H.R. 848]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 848) for the relief of Sepandan Farnia and Farbod
Farnia, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
TABLE OF CONTENTS
Page
Purpose and Summary........................................ 1
Background and Need for the Legislation.................... 1
Committee Consideration.................................... 2
Committee Oversight Findings............................... 2
Committee on Government Reform Findings.................... 2
New Budget Authority and Tax Expenditures.................. 2
Congressional Budget Office Cost Estimate.................. 2
Constitutional Authority Statement......................... 3
Agency Views............................................... 3
Purpose and Summary
This legislation would allow the beneficiaries to be
admitted lawfully to the United States for permanent residence.
Background and Need for the Legislation
In the 105th Congress, this case included the two current
beneficiaries' mother. Since then the mother was killed in a
car accident.
The boys' father was executed in Iran in 1984. The mother
and her young sons hid in Iran for a year before coming to the
U.S. and
applying for political asylum. The boys were 7 and 8 years old
when they came to the U.S. After 12 years, the application for
asylum was denied in April 1997.
In the meantime, these young boys grew up in Oklahoma,
graduated from high school, were students at the University of
Oklahoma, and now are both working. They have lost both
parents, neither boy has any connection to Iran, and they have
very little knowledge of the Muslim faith, Iranian culture, or
the Farsi language. The boys currently live with their aunt and
uncle--their mother's siblings--in Oklahoma.
A private bill is needed because the two brothers do not
meet the necessary criteria for permanent residence under any
existing categories.
Committee Consideration
On July 27, 2000, the Subcommittee on Immigration and
Claims met in open session and ordered favorably reported the
bill H.R. 848, without amendment by voice vote, a quorum being
present.
On September 19, 2000, the Committee on the Judiciary met
in open session and ordered reported favorably the bill H.R.
848 without amendment by voice vote, a quorum being present.
Committee Oversight Findings
In compliance with clause 2(l)(3)(A) of rule XI of the
Rules of the House of Representatives, the committee reports
that the findings and recommendations of the committee, based
on oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Committee on Government Reform Findings
No findings or recommendations of the Committee on
Government Reform and Oversight were received as referred to in
clause 2(l)(3)(D) of rule XI of the Rules of the House of
Representatives.
New Budget Authority and Tax Expenditures
Clause 2(l)(3)(B) of House Rule XI is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(d)(2) of rule XIII of the Rules
of the House of Representatives, the committee believes that
the bill would have no significant impact on the Federal
budget. This is based on the Congressional Budget Office cost
estimate on H.R. 848. That Congressional Budget Office cost
estimate follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 22, 2000.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed three private relief bills, which were ordered
reported by the House Committee on the Judiciary on September
19, 2000. CBO estimates that their enactment would have no
significant impact on the federal budget. These bills could
have a very small effect on fees collected by the Immigration
and Naturalization Service and on benefits paid under certain
federal entitlement programs. Because these fees and
expenditures are classified as direct spending, pay-as-you-go
procedures would apply. The bills reviewed are:
H.R. 848, a bill for the relief of Sepandan
Farnia and Farbod Farnia;
H.R. 3184, a bill for the relief of Zohreh
Farhang Ghahfarokhi; and
H.R. 3414, a bill for the relief of Luis A.
Leon-Molina, Ligia Padron, Juan Leon Padron, Rendy Leon
Padron, Manuel Leon Padron, and Luis Leon Padron.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860. This estimate was
approved by Peter H. Fontaine, Deputy Assistant Director for
Budget Analysis.
Sincerely,
Dan L. Crippen, Director.
cc:
Honorable John Conyers Jr.
Ranking Democratic Member
Constitutional Authority Statement
Pursuant to rule XI, clause 2(1)(4) of the Rules of the
House of Representatives, the committee finds the authority for
this legislation in Article 1, Section 8, Clause 4 of the
Constitution.
Agency Views
The comments of the Immigration and Naturalization Service
on H.R. 848 are as follows:
U.S. Department of Justice,
Immigration and Naturalization Service,
Washington, DC, January 27, 1999.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: This is in reference to your request for
a report relative to H.R. 848, for the relief of Sepandan
Farnia and Farbod Farnia, there is enclosed a memorandum of
information concerning the beneficiaries.
The bill would grant the beneficiaries permanent residence
status in the United States as of the date of its enactment,
upon filing an application. It would also direct that visa
number deductions be made from the beneficiaries' native
country.
Sincerely,
FOR THE COMMISSIONER,
Gerri L. Ratliff, Acting Director,
Congressional Relations.
Enclosure
cc:
Department of State, Visa Office
District Director--Dallas, Texas
MEMORANDUM OF INFORMATION FROM IMMIGRATION AND NATURALIZATION SERVICE
FILES RE: H.R. 848
The beneficiary, Sepandan Farnia, A28 671 907, a native of
Iran, was born on August 26, 1976, in Isfahan, Iran. Sepandan
currently resides at 1200 West Brooks, Norman, Oklahoma 73069.
Sepandan is currently employed at the Red River Ranch
Restaurant in Norman, Oklahoma, with an income of about $7 an
hour. Sepandan has estimated assets of about $32,000 part in
mutual funds and part in a family-owned restaurant soon to open
in the Oklahoma City, Oklahoma area.
The beneficiary, Farbod Farnia, A28 671 908, a native of
Iran, was born on September 9, 1977, in Isfahan, Iran. Farbod
currently resides at 1408 Garfield, Norman, Oklahoma 73072.
Farbod is currently employed by the Norman Regional Hospital
with an income of about $6.50 an hour. Farbod has estimated
assets of about $30,000 part in mutual funds and part in a
family-owned restaurant soon to open in the Oklahoma City,
Oklahoma area.
The beneficiaries are currently enrolled at Oklahoma
University. Sepandan said he's a full-time student and expects
to graduate with a degree in Philosophy in December 1999 from
Oklahoma University. Farbod said he hopes to graduate from
Oklahoma University soon also.
The beneficiaries were inspected and admitted into the
United States on January 4, 1985, at New York, New York, as B-2
visitors for pleasure. They were granted permission to remain
in the United States until July 3, 1985. They became legally
removable from the United States on July 3, 1985, as having
remained longer in the United States that permitted by law.
An Order to show Cause was issued to the beneficiaries on
May 25, 1989, charging deportability under Section 241(a)(2) of
the Immigration and Nationality Act. On June 6, 1990, the
beneficiaries requested asylum and a withholding of
deportation. On June 29, 1990, the Immigration Judge denied
both related requests and granted voluntary departure. On
December 7, 1994, an appeal was filed and the Board of
Immigration Appeals dismissed the appeal. On March 2, 1995, a
petition for review was filed at the 10th Circuit of Appeals
and was subsequently also dismissed.
Checks made to the national agencies were mail on May 19,
1999, to the Criminal Justice Information Services, and Federal
Bureau of Investigation in Clarksburg, West Virginia. The
fingerprints were resubmitted to Clarksburg, West Virginia, on
July 23, 1999, and the results are pending.