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106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-966

======================================================================



 
            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