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The original documents are located in Box 53, folder "8/14/76 HR7494 Relief of Luigi
Santaniello" 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States of America his copyrights in all of his unpublished writings in National Archives collections.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
THE WHITE HOUSE
ACTION
AUG14 1976
WASHINGTON
Last Day: August 21
August 13, 1976
Posted
MEMORANDUM FOR
THE PRESIDENT
8/16/76
FROM:
JIM CANNON Jan
SUBJECT:
H.R. 7494 - Relief of
onlive
Luigi Santaniello
8/16/76
Attached for your consideration is H.R. 7494, sponsored
by Representative Conte.
The enrolled bill would authorize a visa to be issued to
Luigi Santaniello and his admittance to the U.S. for
permanent residence notwithstanding his ineligibility
under the Immigration and Nationality Act as an alien
who has been convicted of a crime of moral turpitude.
The bill would limit this exemption to a ground for
exclusion known to the Department of State or the
Department of Justice prior to enactment.
The beneficiary, a 43-year-old citizen of Italy, was
convicted by an Italian court when he was 20 years of
age for assault with a dangerous weapon.
OMB, NSC, Max Friedersdorf, Counsel's Office (Lazarus)
and I recommend approval of the enrolled bill.
RECOMMENDATION
That you sign H.R. 7494 at Tab B.
STATE 1. FORD LIBRARY
Digitized from Box 53 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
OF THE
THE
PRESIDENT
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE
UNITED
OFFICE OF MANAGEMENT AND BUDGET
STATE
saivis
WASHINGTON, D.C. 20503
AUG 12 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 7494 - Relief of Luigi Santaniello
Sponsor - Rep. Conte (R) Massachusetts
Last Day for Action
August 21, 1976 - Saturday
Purpose
To facilitate the admission of Luigi Santaniello to the United
States for permanent residence.
Agency Recommendations
Office of Management and Budget
Approval
Immigration and Naturalization Service
Approval
Department of State
No objection
Discussion
The enrolled bill would authorize a visa to be issued to Luigi
Santaniello and his admittance to the United States for permanent
residence notwithstanding his ineligibility under the Immigration
and Nationality Act (INA) as an alien who has been convicted of
a crime of moral turpitude. The bill would also limit this
exemption to a ground for exclusion known to the Department of
State or the Department of Justice prior to enactment.
On December 19, 1967, the beneficiary, a 43-year-old citizen
and native of Italy, was refused an immigrant visa under the
INA as a result of his conviction by an Italian court in 1953
of assault with a dangerous weapon. At the time of his con-
viction, for which he received a three month suspended sentence,
2
the beneficiary was 20 years old. Since then he reputedly
has led a model life. Enactment of this bill would allow
Mr. Santaniello to join his 70-year-old mother and 2 brothers,
all U.S. citizens, in Massachusetts.
James Director m. Trey for
Legislative Reference
Enclosures
UNITED STATES DEPARTMENT OF JUSTICE
PLEASE ADDRESS REPLY TO
IMMIGRATION AND NATURALIZATION SERVICE
Washington 25, D.C.
AND REFER TO THIS FILE NO.
OFFICE OF THE COMMISSIONER
11 AUG 1976
A18 547 928
TO
: OFFICE OF MANAGEMENT AND BUDGET
SUBJECT: Enrolled Private Bill No. H.R. 7494
; Office of Management
and Budget request dated August 9, 1976.
Beneficiary or Beneficiaries Luigi Santaniello.
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,
L'Enapmont
Commissioner
CO Form 18
(REV. 1-17-72)
DEPARTMENT OF STATE
Washington, D.C. 20520
AUG 11 1376
Dear Mr. Lynn:
Reference is made to Mr. Frey's communication
of August 9, 1976, transmitting for comment enrolled
bills, H.R. 2399, "For the relief of Leonard Alfred
Brownrigg", H.R. 7404, "For the relief of Christine
Donnelly", and H.R. 7494, "For the relief of Luigi
Santaniello".
This Department's files contain no information
identifiable with the above cited bills, and in the
absence of any derogatory information, this Depart-
ment has no objection to the enactment of these bills.
Sincerely yours,
Henry Justims
Kempton B. Jenkins
Acting Assistant Secretary
for Congressional Relations
EXECUTIVE OFFICE OF THE PRESIDENT
UNIVE CELIMO
OFFICE OF MANAGEMENT AND BUDGET
STATES
WASHINGTON, D.C. 20503
AUG 12. 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 7494 - Relief of Luigi Santaniello
Sponsor - Rep. Conte (R) Massachusetts
Last Day for Action
August 21, 1976 - Saturday
Purpose
To facilitate the admission of Luigi Santaniello to the United
States for permanent residence.
Agency Recommendations
Office of Management and Budget
Approval
Immigration and Naturalization Service
Approval
Department of State
No objection
Discussion
The enrolled bill would authorize a visa to be issued to Luigi
Santaniello and his admittance to the United States for permanent
residence notwithstanding his ineligibility under the Immigration
and Nationality Act (INA) as an alien who has been convicted of
a crime of moral turpitude. The bill would also limit this
exemption to a ground for exclusion known to the Department of
State or the Department of Justice prior to enactment.
On December 19, 1967, the beneficiary, a 43-year-old citizen
and. native of Italy, was refused an immigrant visa under the
INA as a result of his conviction by an Italian court in 1953
of assault with a dangerous weapon. At the time of his con-
viction, for which he received a three month suspended sentence,
2
the beneficiary was 20 years old. Since then he reputedly
has led a model life. Enactment of this bill would allow
Mr. Santaniello to join his 70-year-old mother and 2 brothers,
all U.S. citizens, in Massachusetts.
James Director m. Trey for
Legislative Reference
Enclosures
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: August 133
Time: 700pm
FOR ACTION:
Dick Parsons the CC (for information): Jack Marsh
NSC/S are
Jim Cwvanaugh
Max Friedersdorf in
Ed Schmults
Ken Lazaras the
FROM THE STAFF SECRETARY
DUE: Date: August 13
Time: 200pm
SUBJECT:
H.R. 7494-relief of Luigi Santaniello
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
please return to judy johnston, ground floor west wing
/ R.FORD LIBRARY
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
K. R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date:
August 12
Time: 700pm
FOR ACTION:
cc (for information):
Dick Parsons
Jack Marsh
NSC/S
Jim Cavanaugh
Max Friedersdorf
Ken Lazarus
M.6.
Ed Schmults
FROM THE STAFF SECRETARY
DUE: Date: August 13
Time: 200pm
SUBJECT:
H.R. 7494-relief of Luigi Santaniello
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
please return to judy johnston, ground floor west wing
PLEASE ATTACH THIS COPY TO MATERIAL CURMITTED
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date:
August 12
Time: 700pm
FOR ACTION:
Dick Parsons
cc (for information):
Jack Marsh
NSC/S
Jim Cavanaugh
Max Friedersdorf
Ed Schmults
Ken Lazarus
FROM THE STAFF SECRETARY
DUE: Date: August 13
Time: 200pm
SUBJECT:
H.R. 7494-relief of Luigi Santaniello
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS: Approve. Rb
please return to judy johnston, ground floor west wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date:
August 12
Time: 700pm
FOR ACTION:
Dick Parsons
CC (for information):
Jack Marsh
NSC/S
Jim Cavanaugh
Max Friedersdorf
Ed Schmults
Ken Lazarus
FROM THE STAFF SECRETARY
DUE: Date: August 13
Time: 200pm
SUBJECT:
H.R. 7494-relief of Luigi Santaniello
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
please return to judy johnston, ground floor west wing
No objection.
Ken Lazarus
PLEASE ATTACH THIS COPY TO MATERIAL SURMITTED
MEMORANDUM
NATIONAL SECURITY COUNCIL
4621
August 13, 1976
MEMORANDUM FOR: JAMES M. CANNON
FROM:
Jeanne W. Da
on
SUBJECT:
H. R. 7494
The NSC staff concurs with the proposed enrolled bill H.R. 7494-
relief of Luigi Santaniello.
94TH CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
1st Session
No. 94-403
LUIGI SANTANIELLO
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. 7494]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 7494) for the relief of Luigi Santaniello, having considered
the same, report favorably thereon without amendment and recom-
mend that the bill do pass.
PURPOSE OF THE BILL
The purpose of this bill is to waive the provision of section 212 (a)
(9) of the Immigration and Nationality Act in behalf of Luigi San-
taniello. The bill also provides that this exemption shall apply only
to a ground for exclusion known to the Department of State or Justice
prior to the enactment of this act.
GENERAL INFORMATION
The beneficiary is a 42-year-old native and citizen of Italy who re-
sides there with his wife and 3 children. He and his immediate family
are eligible to fourth preference status and numbers are currently
available for them. The beneficiary was found ineligible to receive a
visa because of his conviction of assault with a deadly weapon (a
hatchet) as a result of a fight with a friend after an argument over
wood they had collected. It was a situation of mutual injuries and both
participants were charged. Minimum sentence of 3 months plus costs
for beneficiary was suspended.
The beneficiary's mother and 2 brothers are citizens and residents
of the United States.
A bill for the relief of the same person passed the House of Rep-
resentatives during the 93d Congress and the following information
is reprinted from House Report No. 93-488:
The pertinent facts in this case are contained in reports from the
Immigration and Naturalization Service and the Department of State
dated September 7, 1971, and April 15, 1972, respectively, which read
as follows:
57 007
2
3
U.S. DEPARTMENT OF JUSTICE,
partially suppoits her. She has a bi-weekly income of $60 from Old
IMMIGRATION AND NATURALIZATION SERVICE,
Age Assistance.
Washington, D.C., September 9, 1971.
The beneficiary's mother could accord him fourth preference classi-
Hon. EMANUEL CELLER,
fication upon the filing of a petition for this preference. However, he
Chairman, Committee on the Judiciary,
does not appear eligible for a waiver of the ground of his excluda-
House of Representatives, Washington, D.C.
bility.
DEAR MR. CHAIRMAN In response to your request for a report rela-
DEPARTMENT OF STATE,
tive to the bill (H.R. 9391) for the relief of Luigi Santaniello, there
Washington, D.C., April 15, 1972.
is attached a memorandum of information concerning the beneficiary.
Hon. EMANUEL CELLER,
The bill would waive the provision of the Immigration and Na-
Chairman, Committee on the Judiciary, House of Representatives,
tionality Act which excludes from admission into the United States
Washington, D.C.
aliens who have been convicted of a crime involving moral terpitude,
DEAR MR. CHAIRMAN: In reference to your request for a report
and would authorize the issuance of a visa to the beneficiary and his.
admission to the United States for permanent residence, if he is other-
concerning the case of Luigi Santaniello, beneficiary of H.R. 9391,
wise admissible under that Act. The bill also limits the exemption
92d Congress, there is enclosed a memorandum of information con-
granted the beneficiary to a ground for exclusion known to the De-
cerning the beneficiary. This memorandum has been submitted by the
partment of State of the Department of Justice prior to the date of
American Consulate General at Naples, Italy, in whose consular
its enactment.
jurisdiction the beneficiary resides.
The beneficiary, a native of Italy, is chargeable to the nonpreference
The bill would provide for visa issuance and the beneficiary's ad-
portion of the numerical limitation for immigrants and conditional
mission for permanent residence notwithstanding his ineligibility as
entrants from countries in the Eastern Hemisphere.
an alien who has been convicted of a crime involving moral turpitude,
Sincerely,
if he is otherwise admissible under the provisions of the Immigration
RAYMOND F. FARRELL, Commissioner.
and Nationality Act. The relief to be granted is limited to a ground
Enclosure.
for exclusion known to the Department of State or the Department of
Justice prior to enactment.
MEMORANDUM OF INFORMATION FROM IMMIGRATION AND NATURALIZA
Sincerely yours,
TION SERVICE FILES RE: H.R. 9391
DAVID M. ABSHIRE,
Assistant Secretary for Congressional Relations.
Information concerning this case was obtained from Mrs. Cristina
Enclosure: Memorandum.
SantanieHo, the mother of the beneficiary.
The beneficiary, Luigi Santaniello, a native and citizen of Italy, was
SUBMITTED BY THE AMERICAN CONSULATE GENERAL AT NAPLES,
born on November 17, 1932. He lives in Bracigliano, Salerno, Italy
ITALY
with his wife and three children, ages three, five and ten, who also
are natives and citizens of Italy. He is employed in Italy as a handy-
MEMORANDUM OF INFORMATION CONCERNING H.R. 9391, 92D CONGRESS,
man' for different employers. He does not have any sizable amount of
FOR THE RELIEF OF LUIGI SANTANIELLO
assets.
The beneficiary entered the United States on October 23, 1969 at
Luigi Santaniello was born on November 21, 1932 at Bracigliano,
Boston, Massachusetts as a transit without visa. He was involved in
Salerno, Italy. He resides at Via Ortara 69, Bracighano, Salerno,
an auto accident in Springfield, Massachusetts and was granted to
Italy. He married Carmela De Nardo on April 12, 1959. There were
April 30, 1970 to effect his departure from the United States, on which
no previous marriages. They have three children: Cristina born on
date he departed at Boston, Masachusetts. The beneficiary is excluda-
April 16, 1960; Raffaela born on November 27, 1964; and Mafalda born
ble from the United States for having been convicted in 1953 in Bracig-
on September 30, 1966. All of the children reside in Italy.
liano, Salerno, Italy for assault with a dangerous weapon, for which
The beneficiary's mother as well as his two brothers reside in the
he received a suspended sentence.
United States. Other than his immediate family, Mr. Santaniello
The beneficiary's mother was born in Springfield, Massachusetts on
has no close relatives in Italy.
April 1, 1906. Her husband, who was a native and citizen of Italy, was
Mr. Santaniello completed five years of public school and is now
deceased in 1949. Two of her sons are United States citizens. They are
employed in construction, He was not required to undertake military
married and living in Springfield, Massachusetts. The beneficiary's
service. The Consulate General knows of no derogatory information
mother was taken back to Italy in 1914 and lived in that country un-
other than that which disqualified him for an immigrant visa under
til 1962. She returned to the United States as an Italian citizen, but
Section 212(a) (9) of the Immigration and Nationality Act.
it has been determined that she never lost her United States citizen-
The beneficiary was refused an immigrant visa on December 19,
ship. She has no independent assets and lives with her son Italo who
1967 under Section 212 (9) of the Act as the result of a conviction
H.R. 403
H.R. 403
4
5
by an Italian court in 1953 of assault with a dangerous weapon. He
against them. Due to the slight entity of the damages, the sentence can
received a suspended sentence of four months. Copies of the record,
be restricted to the minimum and generical concessions can be granted
translation and applicable Italian laws are attached.
to Rocehino in consideration of the fact that his opponent caused the
Mr. Santaniello is the beneficiary of an approved fourth preference
quarrel from which the case originated. The sentence is therefore
petition. The fourth preference portion of the Italian waiting list is
limited to 4 months' prison for Santaniello (3 month's basic prison
current. He underwent a medical examination on September 17,
plus 1/3) and 2 months' prison for Rocchino (3 months' basic reduced
1971 and no defects were noted.
by 1/3). The former, confiding that he will not commit the offense
(Copy from the original deposited at the record office
again, and in consideration of his record, will be granted a suspended
of the Law Court of Salerno, No. 778/1953. Italian Re-
sentence. Both defendants will mutually pay the damages, calculated
public-in the name of the Italian people-)
to be a total of L. 23.000 in favour of Rocchino and L. 22.000 in favour
of Santaniello; court expenses will also be paid by the defendants
In the year 1953 on the second day of the month of May the criminal
P.T.M.
court of Salerno, 2nd Section, formed by Dr. Martuscelli Mario-
The court, having seen articles 582, 585, 62 bis, 163 and segg. CPC
Chairman; Dr. Sorgi Paride-Judge; Dr. Cammarano Aristide
and 483, 487, 488, and 489 C.P.P., declares Santaniello Luigi and Roc-
transcriber, the Public Prosecutor being Dr. Isnardi Giacomo, and
chino Alfonso guilty of the charges brought against them and sen-
with the assistance of the Registrar Mr. Tramontano Giovanni, passed
tences the former to 4 months' prison and the second, with generical
the following sentence in the penal suit brought against: (1) San-
concessions, to 2 months' prison; also both are sentenced to pay court
taniello Luigi, son of the late Raffaele and of Giordano Cristina, born
expenses. Santaniello is sentenced to pay damages to Rocchino in the
on 21.11.1932 at Bracigliano and living there; (2) Bocchino Alfonso,
amount of 23.000 lire, which includes L. 15.000 court expenses and
son of Alfonso and of Santoro Sabata, born on 12.12.1931 at Braci-
Lawyer's fee. Rocchino is sentenced to pay damages to Santaniello in
gliano and living there; free and present. They are charged: the
the amount of L. 22.000, which includes L. 15,000 court expenses and
former, with the crime as per articles 582, 585 of the Penal Code for
lawyer's fee. The sentence against Santaniello is to be suspended for 5
having in Bracigliano on 21.3.1951 caused to the latter personal in-
years under the conditions set by law. Salerno, 2.5.1953.-Signed:
juries healed within 10 days; the latter, with the crime as per article
Martuscelli Mario, Sorgi Paride, Cammarano Aristide. The Registrar,
582 of the Penal Code for having in the same circumstances caused to
Tramontano. 4.5.63 Appeal of 2d defendant. With a sentence dated
the former personal injuries healed within 10 days. As a result this
21.1.1954 the Court of Appeal declares the offence extinguished due to
public debate has been called.
amnisty.
THE FACT AND THE LAW. Following report No. 20, dated
30.1.64. Schedule prepared for a person appealing. The Registrar-
27.3.1951 made by the Police of Bracigliano, and a claim brought on
signature illegible. The Salerno Law Court, 2d Section with an or-
29.3.1951 by Santaniello Luigi son of the late Raffaele from Braci-
dinance dated 13.2.1968 declares ceased, due to amnisty according to
gliano and a report to the Police-claimed date 16.5.1951 made by Roc-
the Presidential Decree 19.12.53 No. 922, the penal effects of the sen-
chino Alfonso, son of Alfonso; also from Bracigliano, the said Messrs
Santaniello and Rocchino were incriminated and remanded to trial
tence pronounced against Santaniello Luigi for the offence of injuries.
Salerno, 15.2.68. The Registrar (signed) Marotta True copy requested
to answer of mutual injuries, as specified in the register.
by Mr. Santaniello Luigi Salerno 18 May 1968.
The two had gone to collect wood, and at a locality called "Pon-
THE REGISTRAR.
ticello" near Bracigliano, the former placed his own bundle on top of
La tradutirier douiciliata in Napoli alla Via M. Schipa 61.
the one belonging to the latter. When the latter, i.e. Rocchino, remon-
LUCIANA LISI.
strated a quarrel ensued which soon became a fight, in the course of
which Santaniello received injuries to his left leg due to a kick, in-
TESTIMONY OF THE HONORABLE SILVIO O. CONTE BEFORE THE SUBCOMMIT-
juries which healed within 10 days; Rocchino instead received slight
TEE ON IMMIGRATION AND NATURALIZATION RE: 7494 FOR THE RELIEF OF
injuries to his head and a cut to his head, also healed within 10 days.
LUIGI SANTANIELLO, JUNE 1795
The first defendant admitted to having caused, some injuries to the
other, but he denied having used a hatchet and therefore having caused
Mr. Chairman, it gives me great. pleasure to appear before you
the cut; the second defendant denied all charges stating he was the
and the distinguished members of the subcommittee in support of
only one to have received injuries. The witnesses all confirmed the fact
H.R. 7494.
of the fight having taken place. Some also stated they had seen a
This bill is for the relief of Luigi Santaniello, which I introduced on
hatchet in Santaniello's hands. An examination of the wound con-
May 22, 1975. Mr. Santaniello is a native and resident of Bracigliano
firmed at it was a case of serious injury inflicted by Santaniello.
P. Salerno, Italy. His mother, Mrs. Christina Santaniello, is a native
The fight during which Rocchino certainly did in turn hit his
and resident of Springfield, Mass., although she spent 48 years of her
opponent, implies that Santaniello's statement concerning the kick and
life in Italy. The beneficiary's 2 brothers are U.S. citizens and also
subsequent injuries received, is also believable. It follows therefore
reside in Springfield, Mass.
that both defendants are to be declared guilty of the charges brought
H.R. 403
H.R. 403
6
The beneficiary's mother filed a fourth preference petition on his
behalf in 1971, but this was denied. The ground for denial was the
beneficiary's 1953 conviction of assault with a dangerous weapon,
which rendered Mr. Santaniello ineligible for immigrant status by
virtue of Sec. 212 (a) (9) of the Immigration and Nationality Act.
The beneficiary committed the offense for which he is considered
ineligible in 1953, when he was only 20 years of age. From the infor-
mation made available to me by the beneficiary's family, the conviction
was the result of a fight between the beneficiary and another young
man. The second young man subsequently was involved in many such
incidents and was ultimately killed by a policeman while committing
a crime. While recognizing that this in no way excuses the action of the
beneficiary or changes the fact of his conviction, I do feel that the
character of the other person involved gives some insight into the inci-
dent and serves as an extenuating circumstance. It should also be noted
that the beneficiary received a suspended sentence.
Since the time of the beneficiary's conviction he has according to re-
ports from his family, been a model citizen. He married in 1959 and
he and his wife have 3 children. He has worked steadily throughout
this period.
The beneficiary's mother is now 69 years old. She is extremely de-
sirous of having her third son join the rest of the family in this country.
Other than his immediate family, the beneficiary has no close relatives
in Italy.
On the basis of the foregoing, I strongly urge that this committee
give favorable consideration to this bill. I believe that whatever justi-
fication for exclusion may have existed in 1953, subsequent events have
shown that the beneficiary falls within the class which deserves special
consideration by. this Congress.
Thank you Mr. Chairman for your attention to this matter.
BUDGETARY INFORMATION
This legislation does not provide new budget authority and no esti-
mate or comparison has been received from the Director of the Con-
gressional Budget Office.
OVERSIGHT STATEMENT
The committee exercises general oversight jurisdiction with respect
to all immigration and nationality matters. but no specific oversight
is contemplated in this instance.
Upon consideration of all the facts in this case, the committee is of
the opinion that H.R. 7494 should be enacted and accordingly
recommends that the bill do pass.
H.R. 403
Calendar No. 1042
94TH CONGRESS
SENATE
REPORT
2d Session
No. 94-1108
LUIGI SANTANIELLO
AUGUST 4, 1976.-Ordered to be printed
Mr. EASTLAND, from the Committee on the Judiciary,
submitted the following
REPORT
[To accompany H.R. 7494]
The Committee on the Judiciary, to which was referred the bill
(H.R. 7494), for the relief of Luigi Santaniello, having considered the
same, reports favorably thereon without amendment and recommends
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 of a crime involving
moral turpitude in behalf of the son of a United States citizen.
STATEMENT OF FACTS
The beneficiary is a 43-year-old native and citizen of Italy who re-
sides there with his wife and 3 children. He and his immediate family
are eligible to fourth preference status and numbers are currently
available for them. The beneficiary was found ineligible to receive a
visa because of his conviction of assault with a deadly weapon (a
hatchet) as a result of a fight with a friend after an argument over
wood they had collected. It was a situation of mutual injuries and both
participants were charged. Minimum sentence of 3 months plus costs
for beneficiary was suspended.
The beneficiary's mother and 2 brothers are citizens and residents
of the United States.
Similar bills, H.R. 9391 and H.R. 1466, were introduced in the 91st
and 92d Congresses. The following information is reprinted from
57-007
2
House Report 93-488 in connection with H.R. 1466 which passed the
3
House on December 4, 1973:
A letter, with attached memorandum, dated September 9, 1971, to
citizen of Italy, was deceased in 1949. Two of her sons are
the then Chairman of the House Judiciary Committee from the then
United States citizens. They are married and living in Spring-
Commissioner of Immigration and Naturalization reads as follows:
field, Massachusetts. The beneficiary's mother was taken back
to Italy in 1914 and lived in that country until 1962. She re-
U.S. DEPARTMENT OF JUSTICE,
turned to the United States as an Italian citizen, but it has
IMMIGRATION AND NATURALIZATION SERVICE,
been determined that she never lost her United States citizen-
Washington, D.C., September 9, 1971.
ship. She has no independent assets and lives with her son
Hon. EMANUEL CELLER,
Italo who partially supports her. She has a bi-weekly income
Chairman, Committee on the Judiciary,
of $60 from Old Age Assistance.
House of Representatives, Washington, D.C.
The beneficiary's mother could accord him fourth prefer-
DEAR MR. CHAIRMAN In response to your request for a report rela-
ence classification upon the filing of a petition for this pref-
tive to the bill (H.R. 9391) for the relief of Luigi Santaniello, there
erence. However, he does not appear eligible for a waiver of
is attached a memorandum of information eencerning the beneficiary.
the ground of his excludability.
The bill would waive the provision of the Immigration and Nation-
A report dated April 15, 1972, from the Department of State reads
ality Act which excludes from admission into the United States aliens
as follows:
who have been convicted of a crime involving moral terpitude, and
DEPARTMENT OF STATE,
would authorize the issuance of a visa to the beneficiary and his ad-
Washington, D.C., pril 15, 1972.
mission to the United States for permanent residence, if he is other-
Hon. EMANUEL CELLER,
wise admissible under that Act. The bill also limits the exemption
Chairman, Committee on the Judioiary, House of Representatives,
granted the beneficiary to a ground for exclusion known to the De-
Washington, D.C.
partment of State of the Department of Justice prior to the date of
DEAR MR. CHAIRMAN: In reference to your request for a report
its enactment.
The beneficiary, a native of Italy, is chargeable to the nonpreference
concerning the case of Luigi Santaniello, beneficiary of H.R. 9391,
portion of the numerical limitation for immigrants and conditional
92d Congress, there is enclosed a memorandum of information con-
entrants from countries in the Eastern Hemisphere.
cerning the beneficiary. This memorandum has been submitted by the
Sincerely,
American Consulate General at Naples, Italy, in whose consular
RAYMOND F, FARRELL, Commissioner.
jurisdiction the beneficiary resides.
Enclosure.
The bill would provide for visa issuance and the beneficiary's ad-
mission for permanent residence twithstanding his ineligibility as
MEMORANDUM OF INFORMATION FROM IMMIGRATION AND
an alien who has been convicted of a crime involving moral turpitude,
NATURALIZATION SERVICE FILES RE H.R. 0301
if he is otherwise admissible under the provisions of the Immigration
and Nationality Act. The relief to be granted is limited to a ground
Information concerning this case was obtained from Mrs.
for exclusion known to the Department of State or the Department of
Cristina Santaniello, the mother of the beneficiary.
Justice prior to enactment.
The beneficiary, Luigi Santaniello, a native and citizen of
Sincerely yours,
Italy, was born on November 17, 1932, He lives in Bracigliano,
DAVID M. ABSHIRE,
Salerno, Italy with his wife and three children, ages three,
Assistant Secretary for Congressional Relations.
five and ten, who also are natives and eitizens of Italy. He is
Enclosure: Memorandum, submitted by the American Consulate
employed in Italy as a handyman for different employers.
General at Naples, Italy.
He does not have any sizable amount of assets.
The beneficiary entered the United States on October 23,
MEMORANDUM OF INFORMATION CONCERNING H.R. 9391, 92D CONGRESS,
1969 at Boston, Massachusetts as a transit without visa, He
FOR THE RELIEF OF LUIGI SANTANIELLO
was involved in an auto accident in Springfield, Massa-
chusetts and was granted to April 30, 1970 to effect his depar-
Luigi Santaniello was born on November 21, 1932 at Bracigliano,
ture from the United States, on which date he departed at
Salerno, Italy. He resides at Via Ortara 69, Bracigliano, Salerno,
Boston, Massachusetts, The beneficiary is excludable from the
Italy. He married Camela De Nardo on April 12, 1959. There were
United States for having been convicted in 1953 in Bracig-
no previous marriages. They have three children: Cristina born on
liano, Salerno, Italy for assault with a dangerous weapon,
April 16, 1960; Raffaela born on November 27, 1964; and Mafalda
for which he received a suspended sentence.
born on September 30, 1966. All of the children reside in Italy.
The beneficiary's mother was born in Springfield, Massa-
The beneficiary's mother as well as his two brothers reside in the
chusetts on April 1, 1906. Her husband, who was a native and
United States. Other than his immediate family, Mr. Santaniello
has no close relatives in Italy.
S.R. 1108
S.R. 1108
5
4
Mr. Santaniello completed five years of public school and is now
hatchet in Santaniello's hands. An examination of the wound con-
employed in construction. He was not required to undertake military
firmed that is was a case of serious injury inflicted by Santaniello.
service. The Consulate General knows of no derogatory information
The fight during which Rocchino certainly did in turn hit his
other than that which disqualified him for an immigrant visa under
opponent, implies that Santaniello's statement concerning the kick and
Section 212 (a) (9) of the Immigration and Nationality Act.
subsequent injuries received, is also believable. It follows therefore
The beneficiary was refused an immigrant visa on December 19,
that both defendants are to be declared guilty of the charges brought
1967 under Section 212(a) (9) of the Act as the result of a conviction
against them. Due to the slight entity of the damages, the sentence can
by an Italian court in 1953 of assault with a dangerous weapon. He
be restricted to the minimum and generical concessions can be granted
received a suspended sentence of four months. Copies of the record,
to Rocchino in consideration of the fact that his opponent caused the
translation and applicable Italian laws are attached.
quarrel from which the case originated. The sentence is therefore
Mr. Santaniello is the beneficiary of an approved fourth preference
limited to 4 months' prison for Santaniello (3 month's basic prison
petition. The fourth preference portion of the Italian waiting list is
plus one-third and 2 months' prison for Rocchino (3 month's basic
current. He underwent a medical examination on September 17, 1971,
reduced by one-third. The former, confiding that he will not commit
and no defects were noted.
the offense again, and in consideration of his record, will be granted
(Copy from the original deposited at the record office of
a suspended sentence. Both defendants will mutually pay the damages,
the Law Court of Salerno, No. 778/1953. Italian Republic-
calculated to be a total of L.23.000 in favour of Rocchino and L.22.000
in the name of the Italian people.)
in favour of Santaniello; court expenses will also be paid by the de-
In the year 1953 on the second day of the month of May the criminal
fendants P.T.M.
court of Salerno, 2nd Section, formed by Dr. Martuscelli Mario-
The court, having seen articles 582, 585, 62 bis, 163 and segg. CPC
Chairman; Dr. Sorgi Paride-Judge; Dr. Cammarano Aristide tran-
and 483, 487, 488, and 489 C.P.P., declares Santaniello Luigi and Roc-
scriber. the Public Prosecutor being Dr. Isnardi Giacomo, and with
chino Alfonso guilty of the charges brought against them and sen-
the assistance of the Registrar Mr. Tramontano Giovanni, passed the
tences the former to 4 months' prison and the second, with generical
following sentence in the penal suit brought against: (1) Santaniello
concessions, to 2 months' prison; also both are sentenced to pay court
Luigi, son of the late Raffaele and of Giordano Cristina, born on
expenses. Santaniello is sentenced to pay damages to Rocchino in the
21.11.1932 at Bracigliano and living there; (2) Bocchino Alfonso, son
amount of 23.000 lire, which includes L. 15.000 court expenses and
of Alfonso and of Santoro Sabata. born on 12.12.1931 at Bracigliano
Lawyer's fee. Rocchino is sentenced to pay damages to Santaniello in
and living there; free and present. They are charged: the former, with
the amount of L. 22.000, which includes L. 15.000 court expenses and
the crime as per aritcles 582, 585 of the Penal Code for having in
lawyer's fee. The sentence against Santaniello is to be suspended for 5
Bracigliano on 21.3.1951 caused to the latter personal injuries healed
years under the conditions set by law. Salerno, 2.5.1953.-Signed:
within 10 days; the latter, with the crime as per article 582 of the
Martuscelli Mario, Sorgi Paride. Cammarano Aristide. The Registrar,
Penal Code for having in the same circumstances caused to the former
Tramontano. 4.5.63 Appeal of 2d defendant. With a sentence dated
personal injuries healed within 10 days. As a result this public debate
21.1.1954 the Court of Appeal declares the offence extinguished due to
has been called.
amnisty.
The fact and the law: Following report No. 20, dated 27.3.1951
30.1.64. Schedule prepared for a person appealing. The Registrar-
made by the Police of Bracigliano, and a claim brought on 29.3.1951
signature illegible. The Salerno Law Court, 2d Section with an or-
by Santaniello Luigi son of the late Raffaele from Bracigliano and a
dinance dated 13.2.1968 declares ceased, due to amnisty according to
report to the Police-claimed date 16.5.1951 made by Rochino Alfonso,
the Presidential Decree 19.12.53 No. 922, the penal effects of the sen-
son of Alfonso; also from Bracigliano, the said Messrs Santaniello
tence pronounced against Santaniello Luigi for the offence of injuries.
and Rocchino were incriminated and remanded to trial to answer of
Salerno, 15.2.68. The Registrar (signed) Marotta True copy requested
mutual injuries, as specified in the register.
by Mr. Santaniello Luigi Salerno 18 May 1968.
The two had gone to collect wood, and at a locality called "Pon-
THE REGISTRAR.
ticello" near Bracigliano, the former placed his own bundle on top of
La tradutirier douiciliata in Napoli alla Via M. Schipa 61.
the one belonging to the latter. When the latter. i.e. Rocchino, remon-
LUCIANA LISI.
strated a quarrel ensued which soon became a fight, in the course of
Congressman Silvio O. Conte, the author of the bill, delivered the
which Santaniello received injuries to his left leg due to a kick in-
following testimony concerning H.R. 7494:
juries which healed within 10 days; Rocchino instead received slight
injuries to his head and a cut to his head, also healed within 10 days.
Mr. Chairman, it gives me great pleasure to appear before
The first defendant admitted to having caused, some injuries to the
you and the distinguished members of the subcommittee in
other, but he denied having used a hatchet and therefore having caused
support of H.R. 7494.
the cut; the second defendant denied all charges stating he was the
This bill is for the relief of Luigi Santaniello, which I
only one to have received injuries. The witnesses all confirmed the
introduced on May 22, 1975. Mr. Santaniello is a native and
fact of the fight having taken place. Some also stated they had seen a
resident of Bracigliano P. Salerno, Italy. His mother, Mrs.
S.R. 1108
S.R. 1108
6
Christina Santaniello, is a native and resident of Springfield,
Mass., although she spent 48 years of her life in Italy. The
beneficiary's 2 brothers are U.S. citizens and also reside in
Springfield, Mass.
The beneficiary's mother filed a fourth preference petition
on his behalf in 1971, but this was denied. The ground for
denial was the beneficiary's 1953 conviction of assault with
a dangerous weapon, which rendered Mr. Santaniello ineligi-
ble for immigrant status by virtue of Sec. 212 (a) (9) of the
Immigration and Nationality Act.
The beneficiary committed the offense for which he is
considered ineligible in 1953, when he was only 20 years of
age. From the information made available to me by the bene-
ficiary's family, the conviction was the result of a fight be-
tween the beneficiary and another young man. The second
man subsequently was involved in many such incidents and
was ultimately killed by a policeman while committing a
crime. While recognizing that this in no way excuses the
action of the beneficiary or changes the fact of his conviction,
I do feel that the character of the other person involved gives
some insight into the incident and serves as an extenuating
circumstance. It should also be noted that the beneficiary re-
ceived a suspended sentence.
Since the time of the beneficiary's conviction he has ac-
cording to reports from his family, been a model citizen. He
married in 1959 and he and his wife have 3 children. He
has worked steadily throughout this period.
The beneficiary's mother is now 69 years old. She is ex-
tremely desirous of having her third son join the rest of the
family in this country. Other than his immediate family, the
beneficiary has no close relatives in Italy.
On the basis of the foregoing, I strongly urge that this
committee give favorable consideration to this bill. I believe
that whatever justification for exclusion may have existed
in 1953, subsequent events have shown that the beneficiary
falls within the class which deserves special consideration by
this Congress.
Thank you Mr. Chairman for your attention to this matter.
The committee, after consideration of all the facts in the case, is of
the opinion that the bill, H.R. 7494, should be enacted.
S.R. 1108
H. R. 7494
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 Luigi Santaniello.
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) (9) of the Immigration and Nation-
ality Act, Luigi Santaniello 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 the Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.