[House Report 106-966]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-966
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FOR THE RELIEF OF JOSE GUADALUPE TELLEZ PINALES
_______
October 11, 2000.--Referred to the Private Calendar and ordered to be
printed
_______
Mr. Smith of Texas, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany S. 2289]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (S. 2289) for the relief of Jose Guadalupe Tellez Pinales,
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
S. 2289 would allow Jose Guadalupe Tellez Pinales to adjust
to permanent resident status.
Background and Need for the Legislation
Jose Guadalupe Tellez Pinales was born in Mexico in August
1981. Jose's father was killed in an accident. His mother
already had one child and felt she could not provide for both
children. When Jose was 3 years old his great uncle, Hector
Landeros, smuggled him into the United States. Until he was 12
years old, Jose believed his great uncle and his first wife to
be his parents.
Mr. Landeros and his wife at the time, Elizabeth Garcia,
had Jose baptized shortly after he came to the United States.
The baptism record indicated that Jose was born in Los Angeles
and that they were his parents. In August 1987, they obtained a
Social Security card for Jose. It also indicated that Jose was
born in Los Angeles and that they were his parents. In
September 1987, Mr. Landeros became a naturalized citizen of
the United States. He erroneously assumed that because all
records showed Jose to be his son, his naturalization
transferred to Jose. When Jose was 10 years old, Mr. Landeros
married Alice Landeros. Two years later, Jose was informed of
his real parentage. When Jose was 15 years old, Alice Landeros
discovered that Jose had never been formally adopted. At that
late date, there was not time to formally adopt Jose prior to
his 16th birthday, as is required for an adoption to be
recognized under immigration law.
Jose is now 19 years old. He has met his natural mother
only three times in his life. She relinquished custody of Jose
to Mr. Landeros in a witnessed letter many years ago. Jose
wished to join the U.S. Marine Corps, but found that he could
not because he has no legal status. It would be an extreme
hardship to Jose to be deported to Mexico. He has resided in
the U.S. since the age of three, does not speak Spanish, and by
all accounts has led an exemplary life. It is through no fault
of his own that the adults in his life did not take appropriate
actions to provide him legal status in the United States. He
has no avenue available to him now to get that status.
Committee Consideration
On October 11, 2000, the Committee on the Judiciary met in
open session and ordered reported favorably the bill H.R. S.
2289 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 S. 2289. That Congressional Budget Office cost
estimate follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 11, 2000.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed 11 private relief acts, which were ordered reported by
the House Committee on the Judiciary on October 11, 2000. CBO
estimates that their enactment would have no significant impact
on the federal budget. These acts 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 act
reviewed is:
LS. 2289, an act for the relief of Jose
Guadalupe Tellez Pinales.
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 S. 2289 are as follows:
U.S. Department of Justice,
Immigration and Naturalization Service,
Washington, DC, Month 00, 2000.
Hon. Orrin Hatch, Chairman,
Committee on the Judiciary,
United States Senate, Washington, DC.
Dear Mr. Chairman: In response to your request for a report
relative to S. 2289, for the relief of Jose Guadalupe Tellez-
Pinales (Lupe), enclosed is a memorandum of information
concerning the beneficiary.
The bill would grant the beneficiary permanent residence in
the United States as of the date of its enactment upon payment
of the required visa fee.
Sincerely,
FOR THE COMMISSIONER
Gerri L. Ratliff, Acting Director,
Congressional Relations.
Enclosure
cc:
Department of State, Visa Office
District Director, Omaha, NE
MEMORANDUM OF INFORMATION FOR IMMIGRATION AND NATURALIZATION SERVICE
FILES RE: S. 2289
Jose Guadalupe Tellez-Pinales, is a citizen and national of
Mexico born on August 17, 1981 at San Luis Potosi, San Luis
Potosi, Mexico. Jose is a high school graduate from Fort
Madison, Iowa and has resided the majority of his life at Fort
Madison. Currently, he is employed with Wolf Packaging Company
at Fort Madison, Iowa. He has been employed at this location
for about two weeks. He expressed a desire to seek employment
with the Park Place Hotel located in Kansas City, Missouri.
It was revealed under a sworn statement taken from the
interested party, Alice Landeros that when Jose was about three
years of age, he was smuggled into the United States by his
great uncle, Hector Miguel Landeros. Jose's biological mother
is Hector's niece. Jose's biological father passed away when he
was about three years of ago. A copy of Jose's Mexican birth
certificate is available.
Jose is presently nineteen years of age and has resided
with Hector Miguel Landeros since childhood in Fort Madison,
Iowa until a year ago when he chose to live with Alice
Landeros. Jose attended public schools in Fort Madison, Iowa.
Jose was baptized at the ``Holy Name'' Church in Kansas
City, Kansas on March 16, 1985 by Miguel Landeros and his wife
(at the time), Elizabeth Garcia. The certificate indicates that
Jose was born in Los Angeles, California on August 3, 1981. It
indicates Hector M. Landeros and Elizabeth Garcia as the
parents. This document is dated July 29, 1996.
Hector Miguel Landeros became a naturalized U.S. citizen on
September 17, 1987, in Kansas City, Kansas. He never legally
adopted Jose Guadalupe Tellez-Pinales. However, a Xerox copy of
an undated letter written and signed by Jose's biological
mother in Mexico reveals she is giving Hector Miguel Landeros
custody of her son, Jose. This letter witnesses Jose's
biological mother's signature that is supported by two other
person's signatures. A translation of this letter is made
available. A the time Hector Miguel Landeros took custody of
Jose, he had four children born to him from prior marriages.
On August 21, 1987, a record was created with the Social
Security Administration. The account number is 484 11 2582.
This record reflects Hector Miguel Landeros and Elizabeth
Garcia as the parents for Jose. It indicates Jose's place of
birth in Los Angeles, California. Hector Miguel Landeros and
his wife at that time, Elizabeth Garcia, made the application
for Jose with the Social Security office in order to obtain a
valid document.
Jose Guadalupe Tellez-Pinales does not have an application
or petition pending with INS at this time. A fingerprint check
for the beneficiary through the Federal Bureau of Investigation
was conducted with negative results, however, fingerprints
checks for the interested party are pending at this time. The
results of the National Crime Information Computer (NCIC), was
performed with negative results for the beneficiary and
interested party.
Raymundo Pena
Special Agent
Cedar Rapids, Iowa