Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Scholar Source Context
Document identity
localId
1669441
label
1976/08/14 HR1645 Relief of Kevin Patrick Saunders
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
1669441
sourceUrl
contentType
document
title
1976/08/14 HR1645 Relief of Kevin Patrick Saunders
citationUrl
collections
White House Records Office: Legislation Case Files
Legislation Case Files
thumbnailUrl
largeImageUrl
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
1669441
coverageEndDate
logicalDate
1976-08-31
month
8
year
1976
coverageStartDate
logicalDate
1976-08-01
month
8
year
1976
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
9e256468ecbfca39
ocrText
The original documents are located in Box 53, folder "8/14/76 HR1645 Relief of Kevin
Patrick Saunders" of the White House Records Office: Legislation Case Files at the Gerald
R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
& 8/14/76
APPROVED 1976
THE WHITE HOUSE
ACTION
WASHINGTON
Last Day: August 21
August 13, 1976
Posted
MEMORANDUM FOR
THE PRESIDENT
8/16/76
FROM:
JIM CANNON Jhi
SUBJECT:
H.R. 1425 - Relief of Juliet
Elizabeth Tozzi
archives
Sponsor: Rep. Rodino
H.R. 1645 - Relief of Kevin
8/16/76
Patrick Saunders
Sponsor: Rep. Drinan
H.R. 4053 - Relief of Roderic
Patrick Stafford
Sponsor: Rep. Rogers
Attached for your consideration are three enrolled bills
which would permit the entry into the United States
the spouses of American citizens, notwithstanding prior
convictions for unlawful possession of drugs.
The details with respect to each of the enrolled bills
is provided in OMB's enrolled bill report at Tab A.
OMB, NSC, Max Friedersdorf, Counsel's Office (Lazarus) and
I recommend approval of the enrolled bills.
RECOMMENDATION
That you sign H.R. 1425 at Tab B.
That you sign H.R. 1645 at Tab C.
That you sign H.R. 4053 at Tab D.
DERAILS FORD LIBRARY
Digitized from Box 53 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON. D.C. 20503
AUG 12 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bills
(1) H.R. 1425 - Relief of Juliet Elizabeth Tozzi
Sponsor - Rep. Rodino (D) New Jersey
(2) H.R. 1645 - Relief of Kevin Patrick Saunders
Sponsor - Rep. Drinan (D) Massachusetts
(3) H.R. 4053 - Relief of Roderic Patrick Stafford
Sponsor - Rep. Rogers (D) Florida
Last Day for Action
August 21, 1976 - Saturday
Purpose
To permit the entry into the United States of spouses of American
citizens, notwithstanding prior convictions for unlawful possession
of drugs.
Agency Recommendations
Office of Management and Budget
Approval
Immigration and Naturalization Service
Approval
Department of State
No objection
Discussion
The enrolled bills would waive a section of the Immigration and
Nationality Act which excludes aliens convicted of any drug
law violation from entry into the United States, authorize the
issuance of immigrant visas to the beneficiaries, and permit their
admission into the United States for permanent residence if other-
wise admissible under the Act.
2
H.R. 1425 - Juliet Elizabeth Tozzi
Mrs. Tozzi is a 25-year-old native and citizen of Great Britain.
She currently resides in Bloomfield, New Jersey with her husband,
Daniel Tozzi, and their 8-month old son, both U.S. citizens.
Mrs. Tozzi originally came to the United States in 1954 at the
age of 3. In 1968, she was involved in an auto accident in the
United States which caused her painful injuries. Subsequent to
this accident, she returned to England and was convicted of
illegal possession of drugs and for theft. Mrs. Tozzi sought
psychiatric help to overcome her drug use and, according to both
British and American doctors, she no longer uses drugs and appears
to be well-adjusted. She returned to the United States in 1972
to testify on her behalf about the car accident and married
Daniel Tozzi. In 1973, she was paroled into the U.S. from Great
Britain. On April 3, 1973, the Immigration and Naturalization
Service approved a petition to grant Mrs. Tozzi immediate relative
classification. However, because of her conviction for illegal
possession of drugs, she remains statutorily ineligible to be
issued an immigrant visa.
H.R. 1645 - Kevin Patrick Saunders
Mr. Saunders is a 48-year-old native and citizen of Great Britain,
who resides there with his wife, a United States citizen. In 1951,
at the age of 23, Mr. Saunders was convicted of stealing and being
in possession of morphine, cocaine, and heroin, and was sentenced
to two years of imprisonment. He does not have a history of the
use or sale of illegal drugs. Mr. Saunders and his wife want to
live in the United States to be near Mrs. Saunder's father, who
is in ill health, to consider raising a family and to obtain a
better market for their antique business.
H.R. 4053 - Roderic Patrick Stafford
Mr. Stafford is a 23-year-old native and citizen of Canada, who
resides there with his wife, a U.S. citizen. In 1969, at the age
of 16, Mr. Stafford was convicted in the Bahamas of possession of
marijuana. Since his arrest, he has attended military school and
completed studies at Miami Dade Junior College. On May 15, 1973,
the Immigration and Naturalization Service approved a petition
filed by his wife to grant Mr. Stafford immediate relative status.
3
However, he remains statutorily ineligible to be issued an
immigrant visa because of his previous conviction.
James m. Director Trey for
Legislative Reference
Enclosures
UNITED STATES DEPARTMENT OF JUSTICE
PLEASE ADDRESS REPLY TO
IMMIGRATION AND NATURALIZATION SERVICE
Washington 25, D.C.
9 AUG 1976
AND REFER TO THIS FILE NO.
OFFICE OF THE COMMISSIONER
A20 482 000
TO
: OFFICE OF MANAGEMENT AND BUDGET
SUBJECT: Enrolled Private Bill No. H.R. 1645
; Office of Management
and Budget request dated August 6, 1976
Beneficiary or Beneficiaries Kevin Patrick Saunders.
Pursuant to your request for the views of the Department of Justice on
the subject bill, a review has been made of the facsimile of the bill, the re-
lating Congressional Committee report or reports, and all pertinent information
in the files of the Immigration and Naturalization Service
On the basis of this review the Immigration and Naturalization Service,
on behalf of the Department of Justice:
X
Recommends approval of the bill.
Interposes no objection to approval of the bill
Sincerely,
Enagman
Commissioner
CO Form 18
(REV. 1-17-72)
DEPARTMENT OF STATE
Washington, D.C. 20520
AUG 9 1976
Dear Mr. Lynn:
Reference is made to Mr. Frey's communica-
tion of August 6, 1976, transmitting for comment
enrolled bills, H.R. 6687, "For the relief of Doo
Hoon Park", and H.R. 1645, "For the relief of
Kevin Patrick Saunders".
This Department has no objection to the
enactment of these bills.
Sincerely yours,
Hemp Lump Jonhn
Kempton B. Jenkins
Acting Assistant Secretary
for
Congressional Relations
The Honorable
James T. Lynn
Director,
Office of Management
and Budget.
BERRED
YEAR
*94TH CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
1st Session
No. 94-396
KEVIN PATRICK SAUNDERS
JULY 25, 1975.-Committed to the Committee of the Whole House and ordered
to be printed
Mr. EILBERG, from the Committee on the Judiciary,
submitted the following
REPORT
[To accompany H.R. 1645]
The Committee on the Judiciary to whom was referred the bill
(H.R. 1645) fex the relief of Kevin Patrick Saunders, having consid-
ered the same, report favorably thèreon without amendment and rec-
ommend that the bill do pass.
PURPOSE OF THE BILL
The purpose of this bill is to waive the provision of section 212 (a)
(23) of the Immigration and Nationality Act in behalf of Kevin
Patrick Saunders. The bill also provides that this exemption shall
apply only to a ground for exclusion known to the Department of
State or the Department of Justice prior to the enactment of this act.
GENERAL INFORMATION
The beneficiary of this bill is a 47-year-old native and citizen of
England who resides there with his wife, a citizen of the United
States. He has been found eligible for a visa because of a conviction
in May of 1951 for possession of dangerous drugs. There is no admin-
istrative waiver of this ground for exclusion, however, the beneficiary
is eligible for a waiver of his ineligibility under section (a) (9) of
the Immigration and Nationality Act by reason of his marriage to a
citizen of the United States. The beneficiary resides in England with
his wife and is employed as an antique dealer. They desire to return
to this country to establish a business here and to be near his wife's
father who is in ill health.
A bill for the relief of the same person passed the House of Repre-
:sentatives during the 93d Congress and the following information is
reprinted from H. Rept. No. 93-562
The pertinent facts in this case are contained in a letter dated May 4,
1973 from the Acting Commissioner of Immigration and Naturaliza-
57-007
2
3
tion to the Chairman of the Committee on the Judiciary. That letter
The beneficiary's last entry in the United States was on
and accompanying memorandum read as follows:
June. 12,1970 as a visitor for pleasure until June 30, 1970, He
made one prior entry as a visitor-on December 16, 1967, for
U.S. DEPARTMENT OF JUSTICE,
approximately 1 month.
IMMIGRATION AND NATURALIZATION SERVICE,
Information furnished by the American Embassy in
Washington, D.O., May 4, 1973.
London; England, reflects that the beheficiary received three
A-20482000.
separate convictions on May 9, 1951, October 16, 1951 and
Hon. PETER W. RODINO, Jr.,
January 9, 1957. The convictions were for bicycle theft;
Chairman, Committee on the Judiciary, House of Representatives,
breaking and entering and possession of morphine; heroin
Washington, D.C.
and cocaine; and conspiring to break and enter and possession
DEAR MR. CHAIRMAN: In response to your request for a report
of an implement of housebreaking, respectively. On February
relative to the bill (H.R. 2634) for the relief of Kevin Patrick Saund-
27, 1967, the beneficiary was found to beineligible to receive a
ers, there is attached a memorandum of information concerning the
visa on the grounds that he has been, convicted of a crime-in-
beneficiary.
volving moral turpitude and that he has been convicted of a
The biH would waive the provision of the Immigration and Nation-
violation of law relating to narcotic drugs.
ality Act which excludes from admission into the United States aliens
The beneficiary's wife believes that her husband's past be-
who have been convicted of a violation of law relating to narcotic
havior resulted from an insecure childhood in which he suf-
drugs or marihuana and would authorize the issuance of a visa to the
fered the loss of both parents and was denied/their estate by
beneficiary and his admission to the United States for permanent
distant relatives who reared him, but who evinced no interest
residence if he is otherwise admissible under the act. The bill limits
in his welfare. She is convinced that he has matured and is the
the exemption granted the beneficiary to a ground for exclusion known
most honest and honorable person she knows. However, their
to the Department of State or the Department of Justice prior to the
marriage suffers because she is homesick and has been forced
date of its enactment.
to reside in a country which she considers inferior to the
The beneficiary, a naive of England, is entitled to immediate rela-
United States.
tive status as the spouse of a United States citizen.
A report dated March 27, 1973, from the Department of State on
Sincerely,
this legislation reads as follows:
JAMES F. GREENE,
DEPARTMENT OF STATE,
Acting Commissioner.
Washington, D.C., March 27, 1973.
Hon. PETER W. RODINO,
MEMORANDUM OF INFORMATION FROM IMMIGRATION AND
Chairman, Committee on the Judiciary,
NATURALIZATION SERVICE FILES RE H.R. 2634
House of Representatives, Washington, D.C.
Information concerning this case was obtained from
DEAR MR. CHAIRMAN: In reference to your request for a report con-
Shirley R. Saunders, wife of the beneficiary, Kevin Patrick
cerning the case of Kevin Patrick Saunders, beneficiary of H.R. 2634,
Saunders who was also the beneficiary of H.R. 15817, 92d
93d Congress, there is enclosed a memorandum of information concern-
Congress.
ing the beneficiary. The memorandum has been submitted by the
The beneficiary, a native and citizen of England, was born
American Embassy at London, England. in whose consular jurisdic-
on June 27, 1928. He resides with his wife in Holt, Wimborne,
tion the beneficiary resides. H.R. 15817, 92d Congress, on the benefici-
Dorset, England where he is the director of buying and sell-
ary's behalf was not enacted.
ing for Wessex Export Traders, Ltd. He has no fixed income.
The bill would provide for visa issuance and the beneficiary's ad-
His assets consist of 49 percent ownership of Wessex Export
mission into the United States for permanent residence notwithstand-
Traders, Ltd., and antique stock and personal property val-
ing his ineligibility as an alien who has been convicted of a violation
ued at $25,800. He attended Woodlands Secondary Grammar
of any law or regulaton relating to the illicit possession of or traffic in
School, and completed matriculation class in Kent, England.
narcotic drugs or marihuana, if he is otherwise admissible under the
From 1968 to 1969, the beneficiary was self-employed as a
Immigration and Nationality Act. The relief granted is limited to a
renovator and salesman of country cottages.
ground for exclusion known to the Department of State of the De-
The beneficiary married Shirley R. Gann, a United States
partment of Justice prior to enactment.
citizen, on January 28, 1968. in England. He has a son by a
Sincerely yours,
previous marriage whose whereabouts are unknown. His
MARSHALL WRIGHT,
deceased parents were citizens of England. He has no brothers
Acting Assistant Secretary
or sisters.
for Congressional Relations.
Enclosure: Memorandum.
4
5
MÉMORANDUM OF INFORMATION CONCERNING H.R. 2634, 93D
CONGRESS; FOR THE RELIEF OF KEVIN PATRICK SAUNDERS, SUB-
51.
MITTED BY THE AMERICAN EMBASSY AT LONDON, ENGLAND
196
The beneficiary was born on June 27, 1928, in Portsmouth,
Hampshire, England. He is presently married to the former
Time aflowed for payment
and instatnachts
Shirley Ruth Gann, a citizen of the United States, whose
family lives in Newton Center, Mass.
A prior marriage of the beneficiary ended in divorce in
early 1953. The couple have no children.
day of
The beneficiary was found ineligible to receive a visa on
February 23, 1967, under the provisions of section 212 (a) (9)
and (23) of the Immigration and Nationality Act, as a result
vth
Minule of adjudication
imprisonment.
of three separate convictions on five different counts. On
3 T.I.C.
May 9, 1951, he was convicted of stealing a bicycle and was
a
sentenced to 2 months imprisonment. On October 16, 1951, he
the
was convicted of (a) breaking and entering a store and steal-
ing a large quantity of assorted drugs, and (b) being in pos-
Plea or consent
order 10
Consent
Guilty.
session of dangerous drugs (morphine, heroin, and cocaine)
contrary to law. He received à sentence of 2 years imprison-
Clerk of the said Magistrates
ment. On January 9, 1957, he was convicted of (a) conspir-
ing to break and enter with intent to commit a felony, and
(b) possession of an implement of housebreaking. He received
PETTY SESSIONAL DIVISION OF NORTH AYLESFORD
Date of offence
or matter of
complaint
9.3.51.
sentences on each count of 3 years probation, to run concur-
rently. Two copies of each court record are enclosed.
The beneficiary is chargeable to the foreign state limitation
for the United Kingdom, If a petition is filed on his behalf
by his United States citizen spouse, upon its approval he will
be entitled to immediate relative status. If the ineligibility
under section 212 (a) (23) is removed, the beneficiary would be
eligible to apply to the Immigration and Naturalization Serv-
IN THE COUNTY OF KENT
ice for a waiver of his ineligibility under section 212(a) (9)
under section 212(h) of the Immigration and Nationality
Act.
mation concerning the beneficiary.
An investigation is presently in progress, and should any
additional derogatory information be revealed, a further re-
port will be submitted.
Enclosure: Court records.
Remorandum of a conviction procersings entered in the Register of the Magistrates Court sitting Chatham,
Nature of offence or matter of complaint.
Stealing gents pedal cycle
val value £3. £3.10.0d. property of
Alan Spooner at Gillingham,
Contrary to Larceny Act,
196 7
The beneficiary underwent a medical examination on
March 6, 1973, and was found to be in good health.
1916.
February,
The Embassy's files reveal no additional derogatory infor-
"xtract fron. register proving proceeding of a Magistrates' Court (M.C. Rules 1952.
Name of defendant. Age, it
known
KEVIN PATRICK
SAUNDERS (22)
I certify the above extract to be a true copy.
day of
Name of informant or of
DATED this 13th
complainant
E.C. EVERETT.
(Police)
6
7
Britain and Northern Ireland
40/15 Oct/
London, England
Embassy of the United States of America
Central Criminal
Chase are to certify that ist the General Sission
Court (so bill
the of the Jerifully appointed
1, the undersigned consular officer of the United
holden for the Jurisdiction of the Central Criminal Court at the
States of America. wily commission and qualified,
Central Criminal Court in the Old Billey, in the of London,
do hereby certif that the foregoing is a true and
on the
internthet
day
of
October
1951
faithful copy of ti; original/copy this day exhibited
NEVIN PATRICK SAUNDERS
to me the same carefully amined by me
was in due form of Tar convicted on indictment for that he
and compared withing original/copy and found
(1) broke and entered a store and stole therein. 1,000 quarter-
grain tablets of morphine sulphate, 750 one-sixth grain
10 agi E8 there:vith word for word and figure for figure.
tablets of morphibe suiphate, 24 tubes of 20
In witness where of 1 have hereunto set my hand and
tablets of morphine sulphate, 60 tubes of 20 one-third
infficial seal this
day of
1973.
grain tablets of morphine hydrochloride, 35 tubes of 2044
quarte again tablets of morphia and atropine, 3 tubes of-
20 quarter rain tablets of morphine sulphate, 12 tubes of
20 half-grain tablets or morphine sulpliate 144 tobes
20 one-sixth grain tablets of disporphine hydrochloride
12 tubes' or 20 one-twelfth grain tablets of diamorphine
Twenty /
hydrochloride, 23 tubes of 25 one-third rain: tablets of--
omnopon, 2 ozs cocaine hydrochloride (powder), 4 half
ounce bottles morphine sulphate (powder), time property of-
Medway and Gravesend ospital Management Commit
Contrary to Section 26 (1) of the Larceny Act 1916
(2) had in his possession without being duly authorised 2,103-
wo-third grains of morphine salts, 161 four Tifth grains-
of heroin and 3 grains of cocaine
Contrary to Regulation 3 (1) of the Dangerous Drugs
JOHN D. MOLLER
Regulat tons 1937
Vico Consul of the United States
of Amenca at London. England
and that the said KEVIN PATRICK SAUNDERS
was ordered to be Imprisoned two years
Dated the
11th
day of
January
19636.
of the Court
8
9
breat Britain and Northern Ireland
IN THE CITY OF PORTSMOUTH
London, England
SS.
Before the Court of General Quarter Sessions of tbc peace
Embassy of the United States of America
holden in and for the said City of Fortsmouth,
1, the undersigned consuler officer of the United
The
9th
day of
Jeduary
one thousand
nine hundred and wifty-seven
States
of
America
jy.com.missions and qualified,
KEVIN PATRICK SAUNDERS
do herrby
the foregoing is us and
faithiul COPY original/ this cay wholed
was in due form of law tried and convicted
to me the same
mined
me
for that he
end complied WITH origina FROPY and found
Ist Count - On 30th September 1956 at Portsmouth,
conspiring together to Kichael David Yeonans,
to sgree therewith were for word and sure for figure.
Joseph Anthony Degostino and Joseph Anthony Byerley
In wicness where of have he eunto set my hard and
to break and enter the City Gerage, situate at Havaat
Street, Portses, with intent to commit a felony thereing
official seal this
day
1973
2nd Count - On 30th September 1955, in the night,
at Portsmouth, found having in his passession without
lawful excuse a certain implement of housebreaking,
namely, a jemmy.
IT IS ORDERED AND ADJUDGED BY THIS COURT that the
above-named KEVIN PATRICK SAUNDERS be required to be
under the supervision of a Probstion Officer for the.
period of three years (concurrent on each count)
JOHN D. MOLLER
Vice Consul of the United States
of America at London, England
GIVEN under my hand this 23rd day of
one thousand nine hundred and Sixty-seven.
sminings Clerk of the Peace.
H. Rept. 94-396-2
10
Great Britain and Northern Iroland
London, England
Embassy of the United States of America
1, the undersigned consular officer of the United
TESTIMONY OF HON. ROBERT F. DRINAN IN SUPPORT
:
States of America commissioned and qualified,
OF H.R. 2634
do hereby cer
at the foregoing is a true and
Mr. Chairman and members of the subcommittee, I am deeply
faithful copy of inc original/copy this day exhibited
grateful to have this opportunity to stand before you on behalf of
H.R. 2634, a private bill for the relief of Kevin Patrick Saunders
to me, the sme havine stully examined by me
who is the husband of my constituent, Shirley Gann Saunders of
and compa ed with & original/copy and found
Newton, Mass.
I was compelled to introduce this priyate bill as a last resort in
to agree therewith word for word and figure for figure.
attempting to acquire immediate relative status for Mr. Saunders SO
In witness where of 1 have hereunto set my hand and
that he and his wife could return home tó the United States. My bill
asks for a waiver of section 212(a) (23) of the Immigration and Nat-
.official seal this
day of
uralization Act which at present precludes Mr. Saunders from
1973
admission.
I would like to take a few moments to call your attention to the
facts of this situation and the circumstances which in my opinion
evidence a most deserving case for enactment of this bill.
Section 212(a) (23) precludes from admission to the United States,
any alien who has been convicted of a crime relating to the posses-
sion of narcotic drugs. In October of 1951, at age 23, Kevin Saunders
was convicted of the crime of stealing and being in possession of
morphine, heroin and cocaine and was sentenced to 2 years impris-
onment. This is the only drug related offense Mr. Saunders has ever
JOHN D. MOLLER
been charged with. He did not then nor has ever had a history of use
or sale of narcotics or marihuana.
Vice Consul of the United States
Kevin Saunders was born in England on June 27, 1928. His parents
of America at Londam England.
both died' during World War II, his mother having been killed during
a bombing raid-and his father having died as a result of injuries in-
curred while in the service of the Royal Navy. He was an only child
and at a young age was left on his own being without familial ties:
Kevin suffered a tumultaous youth. Although it is not relevant to the
matter before you, I would mention that in 1951 at age 22; Kevin was
convicted of stealing a bicýcle and was sentenced to 2 months im-
prisonment and in 1956 he was given 3 years concurrent probation
for conviction on two counts of conspiracy to break and enter with
intent to commit larceny and being in possession of an implement of
housebreaking. Under administrative procedures, once his ineligibility
under section 212(a) (23), which is the matter before us, is removed,
Mr. Saunders would be eligible to request waiver of his ineligibility
under section 212 (9),
Twenty-three years have elapsed since Mr. Saunders' conviction
which precludes him from residence in the United States. He has
settled into a profitable antique business with assets and savings of
approximately $70,000. He and Mrs. Saunders have been married for
5 years and have from the beginning of their marriage looked to the
day when they could come home to the United States where their
business would have a better market and where they could consider
raising their own family.
(11)
12
13
We must also consider, Mrs. Saunders, an American citizen, who
The record shows that Mr. Saunders has no history of drug usage
has been denied her livelihood and has been forced to be separated
or related offenses. As has been indicated, Mr. and Mrs. Saunders
from her family and friends by reason of her husband's ineligibility
have been engaged in a successful antique business in England. They
for a visa. I have on a number of occasions spoken with her, most
are most anxious to return to the United States as they have no familial
recently when she returned home alone, due to the illness of her
ties in England nor interest in remaining in that country.
aging father. I was profoundly moved by her somber and sad descrip-
Mrs. Saunders holds a Masters Degree in Guidance and Counsel-
tion of the adverse effects-which absence from her homeland has
ing from Harvard University and is deeply interested in returning to
brought to her. In the most beautiful terms she expressed her love for
her profession within the American school system. Her parents are
her husband and sorrowfully reflected upon their optimism at the
elderly and her father's health has been deteriorating in the-past few
time of their marriage that the situation would be resolved. Being
years. Due to this fact she has returned to Massachusetts at least once
brought up in a country which places great emphasis on compassion
a year for short visits. This fact alone places a great strain on her and
she finds it impossible to believe that this country would deny her
her husband who cannot travel with her. For a number of years now,
husband residence when he has demonstrated flawless conduct since
this couple has postponed having children as they desire to raise their
the actions of his youth. She speaks of her husband as a man of
family in the United States.
impeccable honesty and their mutual desire to come home.
The merits of enacting this measure are as valid and exceed those
Mrs. Saunders holds a Master's Degree from Harvard University,
that have been presented in related private legislation in the past dec-
Graduate School of Education in guidance and counselling. Since
ade. In that period both Houses approved 15 measures which were
there is no market for her particular abilities in England, she has
based upon exclusions under section 212(a) (23) of the Immigration
been precluded from using her professional training. I would also
and Nationality Act.
Massachusetts. point out that there would be an immediate need for her training in
Four of the measures concerned possession of marihuana, eight dealt
with situations in which the beneficiaries had been convicted of pur-
It is my opinion that there is every indication that Mr. and Mrs.
chase and/or possession of narcotic-drugs and two of the enacted bills
Saunders are persons of total integrity and that they have characters
provided relief for individuals in the sale of narcotic substances.
above reproach, Moreover, I feel that they have a most valid claim
Twelve of the beneficiaries were the spouses of American citizens.
to enactment of this bill and I respectfully urge your favorable and
Mr. and Mrs. Saunders suffered a great disappointment last year
when after being given hope by approval of the measure in the House
merits of their situation.
compassionate consideration based upon the facts and the strong
it was not acted upon by the Senate. Enactment of H.R. 1645 provides
the only possible resolution of this matter which is of tantamount im-
legislation: Mr. Drinan submitted the following letter in support of this
portance to the lives of Kevin and Shirley Saunders. I hope that relief
will be granted in the 94th Congress.
CONGRESS OF THE UNITED STATES,
Cordially yours,
HOUSE OF REPRESENTATIVES,
ROBERT F. DRINAN,
Hon. Josilua EILBERG,
Washington, D.C., May 13, 1975.
Member of Congress.
Chairman, Subcommittee on Immigration, Committee on the Judi-
BUDGETARY INFORMATION
ciary, House of Representatives, Washington, D.C.
DEAR MR." Chairman: I was deeply pleased to receive notification
This legislation does not provide new budget authority and no esti-
that my bill, H.R. 1645, for the relief of Kevin Patrick Saunders, was
mate or comparison has been received from the Director of the Con-
approved by the subçommittee and favorably reported to the full com-
gressional Budget Office.
mittee on April 17, 1975.
As you know the bill was approved by the House on December 18,
OVERSIGHT STATEMENT
1973 but was not reported out of the Senate Subcommittee on Immi-
gration prior to the conclusion of the 93d Congress. The Senate has
The committee exercises general oversight jurisdiction with respect
agreed to consider this measure in the 94th Congress.
to all immigration and nationality matters but no specific oversight is
The beneficiary is a 47-year-old citizen of England and the husband
contemplated in this instance.
of my constituent Shirley Gann Saunders of Newton. Mass. They
Upon consideration of all the facts in this case, the committee is of
were married in 1967. Mr. Saunders' ineligibility for an immigrant
the opinion that H.R. 1645 should be enacted and accordingly recom-
visa is based upon his convicton n 1951 at age 23 for possesson of
mends that the bill do pass.
narcotic drugs. Recognizing that the subcommittee would be particu-
testified before the subcommittee in 1973 and I would like to have that
larly circumspect in its consideration of this measure, I personally
testimony included in the report of H.R. 1645.
Calendar No. 1024
24TH CONGRESS
SENATE
REPORT
2d Session
No. 94-1090
KEVIN PATRICK SAUNDERS
AUGUST 4, 1976.-Ordered to be printed
Mr. EASTLAND, from the Committee on the Judiciary,
submitted the following
REPORT
[To accompany H.R. 1645]
The Committee on the Judiciary, to which was referred the bill
(H.R. 1645) for the relief of Kevin Patrick Saunders, having consid-
ered the same, reports favorably thereon without amendment and rec-
ommends that the bill do pass.
PURPOSE OF THE BILL
The purpose of the bill is to waive the excluding provision of exist-
ing law relating to one who has been convicted for possession of dan-
gerous drugs in behalf of the husband of a citizen of the United States.
STATEMENT OF FACTS
The beneficiary of this bill is a 47-year-old native and citizen of
England who resides there with his wife, a citizen of the United
States. He has been found ineligible for a visa because of a conviction
in May of 1951 for possession of dangerous drugs. There is no admin-
istrative waiver of this ground for exclusion, however, the beneficiary
is eligible for a waiver of his ineligibility under section 212(a) (9) of
the Immigration and Nationality Act by reason of his marriage to a
citizen of the United States. The beneficiary resides in England
with his wife and is employed as an antique dealer. They desire to re-
turn to this country and to establish a business here and to be near his
wife's father who is in ill health.
A bill for the relief of the same person passed the House of Repre-
sentatives during the 93d Congress and the following information is
reprinted from H. Rept. No. 93-502:
57-007
2
3
1973 from the Acting Commissioner of Immigration and Naturaliza-
The pertinent facts in this case are contained in a letter dated May 4,
The beneficiary's last entry in the United States was on
June 12, 1970 as a visitor for pleasure until June 30, 1970. He
tion to the Chairman of the Committee on the Judiciary. That letter
made one prior entry as a visitor on December 16, 1967, for
and accompanying memorandum read as follows:
approximately 1 month.
Information furnished by the American Embassy in
U.S. DEPARTMENT OF JUSTICE,
London, England, reflects that the beneficiary received three
IMMIGRATION AND NATURALIZATION SERVICE,
separate convictions on May 9, 1951, October 16, 1951 and
Washington, D.C., May 4, 1973.
January 9, 1957. The convictions were for bicycle theft;
A-20482000.
breaking and entering and possession of morphine; heroin
Hon. PETER W. RODINO, Jr.,
and cocaine; and conspiring to break and enter and possession
Chairman, Committee on the Judiciary, House of Representatives,
of an implement of housebreaking, respectively. On February
Washington, D.C.
27, 1967, the beneficiary was found to be ineligible to receive a
DEAR MR. CHAIRMAN: In response to your request for a report
visa on the grounds that he has been convicted of a crime in-
relative to the bill (H.R. 2634) for the relief of Kevin Patrick Saund-
volving moral turpitude and that he has been convicted of a
ers, there is attached a memorandum of information concerning the
violation of law relating to narcotic drugs.
The beneficiary's wife believes that her husband's past be-
beneficiary. The bill would waive the provision of the Immigration and Nation-
havior resulted from an insecure childhood in which he suf-
ality Act which excludes from admission into the United States aliens
fered the loss of both parents and was denied their estate by
who have been convicted of a violation of law relating to narcotic
distant relatives who reared him, but who evinced no interest
drugs or marihuana and would authorize the issuance of a visa to the
in his welfare. She is convinced that he has matured and is the
beneficiary and his admission to the United States for permanent
most honest and honorable person she knows. However, their
residence if he is otherwise admissible under the act. The bill limits
marriage suffers because she is homesick and has been forced
the exemption granted the beneficiary to a ground for exclusion known
to reside in a country which she considers inferior to the
to the Department of State or the Department of Justice prior to the
United States.
date of its enactment.
A report dated March 27, 1973, from the Department of State on
The beneficiary, a native of England, is entitled to immediate rela-
this legislation reads as follows:
tive status as the spouse of a United States citizen.
DEPARTMENT OF STATE,
Sincerely,
Washington, D.C., March 27, 1973.
JAMES F. GREENE,
Hon. PETER W. RODINO,
Acting Commissioner.
Chairman, Committee on the Judiciary,
House of Representatives, Washington, D.C.
MEMORANDUM OF INFORMATION FROM IMMIGRATION AND
DEAR MR. CHAIRMAN In reference to your request for a report con-
NATURALIZATION SERVICE FILES RE H.R. 2634
cerning the case of Kevin Patrick Saunders, beneficiary of H.R. 2634,
Information concerning this case was obtained from
93d Congress, there is enclosed a memorandum of information concern-
Shirley R. Saunders, wife of the beneficiary, Kevin Patrick
ing the beneficiary. The memorandum has been submitted By the
Saunders who was also the beneficiary of H.R. 15817, 92d
American Embassy at London, England, in whose consular jurisdic-
tion the beneficiary resides. H.R. 15817, 92d Congress, on the benefici-
Congress. The beneficiary, a native and citizen of England, was born
ary's behalf was not enacted.
The bill would provide for visa issuance and the beneficiary's ad-
on June 27, 1928. He resides with his wife in Holt, Wimborne,
mission into the United States for permanent residence notwithstand-
Dorset, England where he is the director of buying and sell-
ing for Wessex Export Traders, Ltd. He has no fixed income.
ing his ineligibility as an alien who has been convicted of a violation
His assets consist of 49 percent ownership of Wessex Export
of any law or regulation relating to the illicit possession of or traffic in
Traders, Ltd., and antique stock and personal property val-
narcotic drugs or marihuana, if he is otherwise admissible under the
ued at $25,800. He attended Woodlands Secondary Grammar
Immigration and Nationality Act. The relief granted is limited to a
School, and completed matriculation class in Kent, England.
ground for exclusion known to the Department of State of the De-
From 1968 to 1969, the beneficiary was self-employed as a
partment of Justice prior to enactment.
Sincerely yours,
renovator and salesman of country cottages.
MARSHALL WRIGHT,
The beneficiary married Shirley R. Gann, a United States
Acting Assistant Secretary
citizen, on January 28, 1968 in England. He has a son by a
for Congressional Relations.
previous marriage whose whereabouts are unknown. His
Enclosure: Memorandum.
deceased parents were citizens of England. He has no brothers
or sisters.
S.R. 1090
S.R. 1090
4
MEMORANDUM OF INFORMATION CONCERNING H.R. 2634, 93D
CONGRESS, FOR THE RELIEF OF KEVIN PATRICK SAUNDERS, SUB-
MITTED BY THE AMERICAN EMBASSY AT LONDON, ENGLAND
The beneficiary was born on June 27, 1928, in Portsmouth,
Hampshire, England. He is presently married to the former
TESTIMONY OF HON. ROBERT F. DRINAN IN SUPPORT
Shirley Ruth Gann, a citizen of the United States, whose
OF H.R. 2634
family lives in Newton Center, Mass.
A prior marriage of the beneficiary ended in divorce in
Mr. Chairman and members of the subcommittee, I am deeply
early 1953. The couple have no children.
grateful to have this opportunity to stand before you on behalf of
The beneficiary was found ineligible to receive a visa on
H.R. 2634, a private bill for the relief of Kevin Patrick Saunders
February 23, 1967, under the provisions of section (9)
who is the husband of my constituent, Shirley Gann Saunders of
and (23) of the Immigration and Nationality Act, as a result
Newton, Mass.
of three separate convictions on five different counts. One
I was compelled to introduce this private bill as a last resort in
May 9, 1951, he was convicted of stealing a bicycle and was
attempting to acquire immediate relative status for Mr. Saunders so
sentenced to 2 months imprisonment. On October 16, 1951, he
that he and his wife could return home to the United States. My bill
was convicted of (a) breaking and entering a store and steal-
asks for a waiver of section 212 (a) (23) of the Imigration and
ing a large quantity of assorted drugs, and (b) being a pos-
Naturalization Act which at present precludes Mr. Saunders from
session of dangerous drugs (morphine, heroin, and cocaine)
admission.
contrary to law. He received a sentence of 2 years imprison-
I would like to take a few moments to call your attention to the
ment. On January 9, 1957, he was convicted of (a) conspir-
facts of this situation and the circumstances which in my opinion
ing to break and enter with intent to commit a felony, and
evidence a most deserving case for enactment of this bill.
(b) possession of an implement of housebreaking. He received
Section 212 (23) precludes from admission to the United States,
sentences on each count of 3 years probation, to run concur-
any alien who has been convicted of a crime relating to the posses-
rently. Two copies of each court record are enclosed.
sion of narcotic drugs. In October of 1951, at age 23, Kevin Saunders
The beneficiary is chargeable to the foreign state limitation
was convicted of the crime of stealing and being in possession of
for the United Kingdom. If a petition is filed on his behalf
morphine, heroin, and cocaine and was sentenced to 2 years impris-
by his United States citizen spouse, upon its approval he will
onment. This is the only drug related offense Mr. Saunders has ever
be entitled to immediate relative status. If the ineligibility
been charged with. He did not then nor has ever had a history of use
under section 212 (a) (23) is removed, the beneficiary would be
or sale of narcotics or marihuana.
eligible to apply to the Immigration and Naturalization Serv-
Kevin Saunders was born in England on June 27, 1928. His parents
ice for a waiver of his ineligibility under section (9)
both died during World War II, his mother having been killed during
under section 212 (h) of the Immigration and Nationality
a bombing raid and his father having died as a result of injuries in-
Act.
curred while in the service of the Royal Navy. He was an only child
The beneficiary underwent a medical examination on
and at a young age was left on his own being without familial ties.
March 6, 1973, and was found to be in good health.
Kevin suffered a tumultuous youth. Although it is not relevant to the
The Embassy's files reveal no additional derogatory in-
matter before you. I would mention that in 1951 at age 22, Kevin was
formation concerning the beneficiary.
convicted of stealing a bicycle and was sentenced to 2 months im-
An investigation is presently in progress, and should any
prisonment and in 1956 he was given 3 years concurrent probation
additional derogatory information be revealed, a further re-
for conviction on two counts of conspiracy to break and enter with
port will be submitted.
intent to commit larceny and being in possession of an implement of
Congressman Robert F. Drinan, the author of the bill, submitted
housebreaking. Under administrative procedures, once his ineligibility
the following testimony in support of this legislation.
under section 212 (a) (23), which is the matter before us, is removed,
Mr. Saunders would be eligible to request waiver of his ineligibility
under section 212 (9).
Twenty-three years have elapsed since Mr. Saunders' conviction
which precludes him from residence in the United States. He has
settled into a profitable antique business with assets and savings of
approximately $70,000. He and Mrs. Saunders have been married for
5 years and have from the beginning of their marriage looked to the
day when they could come home to the United States where their
(5)
S.R. 1090
S.R. 1090
6
7
business would have a better market and where they could consider
raising their own family.
testified before the subcommittee in 1973 and I would like to have that
We must also consider, Mrs. Saunders, an American citizen, who
testimony included in the report of H.R. 1645.
has been denied her livelihood and has been forced to be separated
The record shows that Mr. Saunders has no history of drug usage
from her family and friends by reason of her husband's ineligibility
or related offenses. As has been indicated, Mr. and Mrs. Saunders
for a visa. I have on a number of occasions spoken with her, most
have been engaged in a successful antique business in England. They
recently when she returned home alone, due to the illness of her
are most anxious to return to the United States as they have no
aging father. I was profoundly moved by her somber and sad descrip-
familial ties in England nor interest in remaining in that country.
tion of the adverse effects which absence from her homeland has
Mrs. Saunders holds a Masters Degree in Guidance and Counsel-
brought to her. In the most beautiful terms she expressed her love for
ing from Harvard University and is deeply interested in returning to
her husand and sorrowfully reflected upon their optimism at the
her profession within the American school system. Her parents are
time of their marriage that the situation would be resolved. Being
elderly and her father's health has been deteriorating in the past few
brought up in a country which place great emphasis on compassion
years. Due to this fact she has returned to Massachusetts at least once
she finds it impossible to believe that this country would deny her
a year for short visits. This fact alone places a great strain on her and
husband residence when he has demonstrated flawless conduct since
her husband who cannot travel with her. For a number of years now,
the actions of his youth. She speaks of her husband as a man of
this couple has postponed having children as they desire to raise their
impeccable honesty and their mutual desire to come home.
family in the United States.
Mrs. Saunders holds a Master's Degree from Harvard University,
The merits of enacting this measure are as valid and exceed those
Graduate School of Education in guidance and counselling. Since
that have been presented in related private legislation in the past dec-
there is no market for her particular abilities in England, she has
ade. In that period both Houses approved 15 measures which were
been precluded from using her professional training. I would also
based upon exclusions under section 212 (23) of the Immigration
point Massachusetts. out that there would be an immediate need for her training in
and Nationality\Act.
Four of the measures concerned possession of marihuana, eight
It is my opinion that there is every indication that Mr. and Mrs,
dealt with situations in which the beneficiaries had been convicted of
Saunders are persons of total integrity and that they have characters
purchase and/or possession of narcotic drugs and two of the enacted
above reproach. Moreover, I feel that they have a most valid claim
bills provided relief for individuals in the sale of narcotic substances.
to enactment of this bill and I respectfully urge your favorable and
Twelve of the beneficiaries were the spouses of American citizens.
compassionate consideration based upon the facts and the strong
Mr. and Mrs. Saunders suffered a great disappointment last year
merits of their situation.
when after being given hope by approval of the measure in the House
Mr. Drinan submited the following letter in support of this
it was not acted upon by the Senate Enactment of H.R. 1645 provides
legislation:
the only possible resolution of this matter which is of tantamount im-
CONGRESS OF THE UNITED STATES,
portance to the lives of Kevin and Shirley Saunders. I hope that
HOUSE OF REPRESENTATIVES,
relief will be granted in the 94th Congress.
Washington, D.C., May 13, 1975.
Cordially yours,
Hon. JOSHUA EILBERG,
ROBERT F. DRINAN,
Chairman, Subcommitee on Immigration, Committee on the Judi-
Member of Congress.
ciary, House of Representatives, Washington, D.C.
The committee, after consideration of all the facts in the case, is
DEAR MR. CHAIRMAN I was deeply pleased to receive notification
of the opinion that the bill (H.R. 1645) should be enacted.
that my bill H.R. 1645, for the relief of Kevin Patrick Saunders, was
approved by the subcommittee and favorably reported to the full com-
C
mittee on April 17, 1975.
As you know the bill was approved by the House on December 18,
1973 but was not reported out of the Senate Subcommittee on Immi-
gration prior to the conclusion of the 93d Congress. The Senate has
agreed to consider this measure in the 94th Congress.
The beneficiary is a 47-year-old citizen of England and the husband
of my constituent Shirley Gann Saunders of Newton, Mass. They
were married in 1967. Mr. Saunders' ineligibility for an immigrant
visa is based upon his conviction in 1951 at age 23 for possession of
narcotic drugs. Recognizing that the subcommittee would be particu-
larly circumspect in its consideration of this measure, I personally
S.R. 1090
S.R. 1090
LIBRARY
FORD
H. R. 1645
Ainety-fourth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the nineteenth day of January,
one thousand nine hundred and seventy-six
An Act
For the relief of Kevin Patrick Saunders.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, notwithstand-
ing the provision of section 212(a) (23) of the Immigration and
Nationality Act, Kevin Patrick Saunders may be issued a visa and
admitted to the United States for permanent residence if he is found
to be otherwise admissible under the provisions of that Act: Provided,
That this exemption shall apply only to a ground for exclusion of
which the Department of State or the Department of Justice had
knowledge prior to the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.