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Checa, Rafael A.
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118567778
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Checa, Rafael A.
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Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Subject Files
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: Checa, Rafael A.
Box: 9
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
WITHDRAWAL SHEET
Ronald Reagan Library
Collection Name ROBERTS, JOHN: FILES
Withdrawer
RBW
8/4/2005
File Folder
JGR/CHECA, RAFAEL A.
FOIA
F05-139/01
Box Number
COOK
13RW
DOC Doc Type
Document Description
No of
Doc Date Restrictions
NO
Pages
1
EVALUATIO PERFORMANCE EVALUATION FROM
2 2/15/1983
B6
482
N
MILITARY ACADEMY
2
EVALUATIO CLASSROOM EVALUATION
1 12/29/1982
B6
483
N
3
FORM
CTLT COUNSELING FORM
2
8/8/1981
B6
484
4
MEMO
R. MICHAEL MILLER TO LISA
1 10/27/1983
B6
485
DUPERIER RE PERMANENT RESIDENCE
5
TELEGRAM PRIV. BILL RADIOGRAM FROM MARGO
1 10/25/1983
B6
486
F. CREELMAN TO INVEST. BRANCH RE
INVEST. & STAY OF DEPORTATION
Freedom of Information Act - [5 U.S.C. 552(b)]
B-1 National security classified information [(b)(1) of the FOIA]
B-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA]
B-3 Release would violate a Federal statute [(b)(3) of the FOIA]
B-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA]
B-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA]
B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]
B-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA]
B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]
E.O. 13233
C. Closed in accordance with restrictions contained in donor's deed of gift.
JGR
Date To 6/6
Time 11:00
WHILE YOU WERE/OUT
M It. Col Temms
of
Phone 695-2661
Area Code
Number
Extension
TELEPHONED
A
PLEASE CALL
CALLED TO SEE YOU
WILL CALL AGAIN
WANTS TO SEE YOU
URGENT
RETURNED YOUR CALL
Message Caclet Pernentel
Operator AT
AMPAD
EFFICIENCY®
23-020
THE WHITE HOUSE
WASHINGTON
May 24, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
DDR
SUBJECT:
Rafael A. Checa
Craig Fuller has transmitted for our appropriate handling a
letter from Rafael A. Checa to the President. Checa is a
Nicaraguan citizen who entered the U.S. Military Academy in
1979, when the Somoza regime was still in power. Under 10
U.S.C. $ 4344, persons from "the American Republics other
than the United States" may be admitted to study at West
Point, with the proviso that a person so admitted "is not
entitled to an appointment in the United States Army by
reason of his graduation from the Academy." 10 U.S.C.
§ 4344 (c).
The Sandinistas took power while Checa was at West Point,
and Checa's family was forced to flee to Peru. Their
property was confiscated, and Checa fears persecution if he
returns to Nicaragua. Checa will be graduated from the
Academy on Wednesday, May 25, and would like to be commis-
sioned as an officer in the U.S. Army along with his class-
mates. He has compiled a very good record at the Academy,
and were he a regular cadet would receive a commission as a
matter of course pursuant to 10 U.S.C. § 4353.
The hurdle to Checa's ambition is the requirement in 10
U.S.C. § 532 (a) (1) that commissions may only be given to
citizens of the United States. Checa notes in his letter to
the President that he has been unsuccessful in his efforts
to obtain citizenship through a private bill, and that he
has been told it will take over a year to process his claim
for political asylum. He asks the President to help him
fulfill his ambition to become an officer.
I discussed Checa's case with Lisa Duperier of the Commis-
sioner's office at INS and Department of Defense Deputy
General Counsel Leonard Niederlehner. Neither see any
possibility of assisting Checa under current law. Duperier
had already agreed in response to previous inquiries to
expedite Checa's request for political asylum. She
estimated that Checa's request could be acted upon within
one month rather than one year -- "assuming we can find the
file up in New York." According to Duperier, Checa will be
eligible for permanent resident status one year after
-2-
obtaining political asylee status, and eligible for natural-
ization four years after that. Under this scheme Checa
could become a citizen and be commissioned in roughly five
years.
Alternatively Checa could be commissioned in the Reserves
under 10 U.S.C. $ 591 once he "has been lawfully admitted to
the United States for permanent residence under the
Immigration and Nationality Act" -- again, one year after
grant of political asylum. Checa's letter indicates he is
aware of this possibility. Were Checa to take this route
and serve three years in the reserves, he would be eligible
for naturalization under 8 U.S.C. § 1439, "Naturalization
through service in the armed forces." Under this scenerio
he could obtain citizenship and be eligible for a commission
in the Regular Army in roughly four years.
The President cannot automatically grant Checa citizenship
or permanent resident status, so he cannot unilaterally help
Checa achieve his ambition of being commissioned with his
classmates. The only option available for Presidential
action is support for a renewed private bill effort.
Checa's case is very sympathetic, and the President's recent
statements concerning the situation in Nicaragua suggest he
may be interested in helping Checa, who has performed well
at West Point and whose family has suffered at the hands of
the Sandinistas. The importance and sensitivity of Central
American issues dictates, at the very least, that Checa's
request be reviewed by those more directly concerned with
those issues.
If Checa were made a citizen or given permanent resident
status pursuant to a private bill, he would not
automatically receive a commission -- due to the
above-quoted proviso in 10 U.S.C. § 4344 (c) -- but would
presumably be fully qualified for one in light of his West
Point training. It is obviously too late to give Checa an
answer before graduation (tomorrow), but since he faces at
least a four-year wait for a regular commission in the
absence of special action, the matter is hardly moot.
I have drafted a memorandum to Fuller noting that the
President's only option if he wants to help Checa is to
support a private bill. The memorandum recommends staffing
the question to Legislative Affairs and the offices and
departments concerned with Central American issues, to
obtain views on the desirability of helping Checa. I have
also prepared a letter we would send Checa should the
decision be made not to support a private bill.
Attachments
THE WHITE HOUSE
WASHINGTON
May 24, 1983
MEMORANDUM FOR CRAIG L. FULLER
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING Orig. signed by FFF
COUNSEL TO THE PRESIDENT
SUBJECT:
Rafael A. Checa
Counsel's Office has reviewed the letter to the President
from Rafael A. Checa, requesting that the President assist
Checa in achieving his ambition of being commissioned as an
officer with his classmates at the United States Military
Academy. Based on our review of the pertinent authorities
and consultations with officials from the Department of
Defense and the Immigration and Naturalization Service, we
see nothing the President can do under existing law to help
Checa. Checa must become a citizen before being eligible
for a commission in the Regular Army, and must be lawfully
admitted for permanent residence before being eligible for a
commission in the Reserves. The requisite steps for natural-
ization and attaining permanent resident status are governed
by statute. If Checa is granted political asylum, he could
become a permanent resident in one year, and a citizen in
four or five. The President cannot accelerate these time
periods. INS has already agreed to expedite Checa's asylum
request, and they expect a decision in one month.
If the President is interested in assisting Checa further,
the only option is to support a private bill granting Checa
permanent resident status or citizenship. In light of the
sensitivity and prominence of Central American issues, this
option should be considered by those directly concerned with
those issues. Accordingly, I recommend staffing the
question of whether to support such a private bill to
Legislative Affairs, NSC, the Departments of Defense and
State, INS, and any other affected agencies or offices.
Checa graduates tomorrow, but that does not render his
request for help moot.
I have also attached a reply which I would send to Checa
should the decision be made not to support a private bill.
Attachment
FFF: JGR:aw 5/24/83
CC: FFFielding/JGRoberts/Subj./Chror
THE WHITE HOUSE
WASHINGTON
May 24, 1983
MEMORANDUM FOR CRAIG L. FULLER
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Rafael A. Checa
Counsel's Office has reviewed the letter to the President
from Rafael A. Checa, requesting that the President assist
Checa in achieving his ambition of being commissioned as an
officer with his classmates at the United States Military
Academy. Based on our review of the pertinent authorities
and consultations with officials from the Department of
Defense and the Immigration and Naturalization Service, we
see nothing the President can do under existing law to help
Checa. Checa must become a citizen before being eligible
for a commission in the Regular Army, and must be lawfully
admitted for permanent residence before being eligible for a
commission in the Reserves. The requisite steps for natural-
ization and attaining permanent resident status are governed
by statute. If Checa is granted political asylum, he could
become a permanent resident in one year, and a citizen in
four or five. The President cannot accelerate these time
periods. INS has already agreed to expedite Checa's asylum
request, and they expect a decision in one month.
If the President is interested in assisting Checa further,
the only option is to support a private bill granting Checa
permanent resident status or citizenship. In light of the
sensitivity and prominence of Central American issues, this
option should be considered by those directly concerned with
those issues. Accordingly, I recommend staffing the
question of whether to support such a private bill to
Legislative Affairs, NSC, the Departments of Defense and
State, INS, and any other affected agencies or offices.
Checa graduates tomorrow, but that does not render his
request for help moot.
I have also attached a reply which I would send to Checa
should the decision be made not to support a private bill.
Attachment
FFF: JGR:aw 5/24/83
CC: FFFielding/JGRoberts/Subj./Chror
THE WHITE HOUSE
WASHINGTON
May 24, 1983
Dear Mr. Checa:
Thank you for your letter of May 4 to the President. In
that letter you detailed your present situation and your
desire to be commissioned an officer in the United States
Army along with your classmates at the United States
Military Academy.
Please be assured that you have our sympathy for what has
befallen your family, as well as our congratulations for
what is by all accounts a splendid record at the Academy. I
must advise you, however, that the President is not in a
position to help you achieve your objective of being
commissioned with your class. As you are aware, the
pertinent statutes provide that only United States citizens
may receive commissions in the regular army. To be eligible
for a commission in the reserves, an individual must be
either a United States citizen or admitted to permanent
residence. The President cannot unilaterally alter these
requirements. Attainment of naturalized citizenship or
permanent resident status is also governed by statute, and
the President cannot alter the statutory procedures,
including time requirements, established by Congress in this
area.
It is our understanding that you have applied for asylum.
We have been advised that the Immigration and Naturalization
Service will expedite your asylum request, so that you will
have a decision much sooner than the year-long period
referred to in your letter. The grant of asylum is the
first step in the process leading to permanent resident
status and eventual citizenship.
There is nothing we can do in response to your request other
than expedite processing of your asylum claim. The
eligibility requirements for commissioned officers, and the
procedures for attaining citizenship and permanent resident
status, are established by Congress and are beyond the
control of the President. Your expressed commitment to the
-2-
values cherished by this Nation and your willingness to
defend those values are indeed laudable. I am sorry we
could not be more responsive to your request. Please accept
again our congratulations for your distinguished performance
at West Point.
Sincerely,
Fred F. Fielding
Counsel to the President
Cadet Rafael A. Checa
Company I, First Regiment
United States Corps of Cadets
West Point, New York 10997
ID #
073349 CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
O OUTGOING
H INTERNAL
I INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent:
Becky Dunlap
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: Candidate Citizenship for West Point Cadet
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
CULTOLLAND
ORIGINATOR 83/05/23
/
/
Referral Note:
CUAT 18
D 83,05,23
583,05,24
Referral Note:
/
/
/
/
Referral Note:
/
/
/
/
Referral Note:
/ /
/
/
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
I Info Copy Only/No Action Necessary
A Answered
C Completed
C Comment/Recommendation
R Direct Reply w/Copy
B . Non-Special Referral
S Suspended
D Draft Response
.
S For Signature
F - Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
ID # 073349 CA
OFFICE OF CABINET AFFAIRS
ACTION TRACKING WORKSHEET
Action resulting from:
Document Date:
/
/
X
document (attached)
telephone call
From:
Rafael Checa
meeting (attach conference report
if available)
Date Received:
/
/
Subject:
Citizenship for West Point Cadet Candidate
ACTION CODES:
A- Appropriate Action
D- Draft Response
R- Direct Reply w/Copy
B- Briefing Paper
F- Furnish Fact Sheet
S- For Signature
C- Comment/Recommendation
I- Info Copy Only/No Action Necessary
X- Interim Reply
ROUTE TO:
Date Sent
Name
Action Codes Date Due
Action Taken
83 / 05 / 19 Fielding
A
83/05 / 25
/ /
/ /
/ /
/ /
/ /
- / /
/ /
/ /
/ /
/ /
COMMENTS: Letter from Checa asking Administration assistance for him to become
a citizen or to gain permanent resident status SO he can graduate with his class at West
Point and become a commissioned officer in the U.S. Army.
Originator:
X
Dunlop
Faoro
Fuller
Gonzalez
Hart
Hodapp
KEEP THIS WORKSHEET ATTACHED TO THE ORIGINAL INCOMING MATERIAL AND
WHEN THE ASSIGNED ACTION IS COMPLETE,
RETURN TO:
Office of Cabinet Affairs
Attention: Karen Hart (x-2823)
THE WHITE HOUSE
WASHINGTON
May 19, 1983
MEMORANDUM FOR FRED FIELDING
FROM:
CRAIG L. FULLER
SUBJECT:
ATTACHED LETTER
The attached letter is self-explanatory. It seems
to me that we should be able to do something to
help this young man.
Please note the short time frame necessary for
action.
Please advise on outcome.
Thanks.
UNITED STATES MILITARY (ICSIDEMY
WEST Pomr, new YORK
May 4, 1983
President Ronald Reagan
Office of the President
The White House
Washington, D.C.
Dear Mr. President:
First let me apologize for taking some of your very valuable
time which must be utilized on much more important matters
than this. Unfortunately, other approaches at arriving at
what I want have not been successful.
am I Vicaraguan citizen who entered the United States
Military Academy at West Point in 1979. I am graduating on
May 25, 1983. I entered West Point when the Somoza government
was on the verge of collapse. The United States has paid for
my entire stay at West Point. I wish to repay this by serving
RS an officer in the U.S. Army. During the five years that I
have lived here I have come to love this country as much as
any other Amerizan that is graduating with me in May, I would
be willing to give my life in order to preserve the freedom
and opportunity that this long guarantees.
T to not wish to return to Micaragua. My family was forced
to flee days before the collapse of former President Someta's
government. They feared reprisals and the establishment of a
communist regime. All my family's property was confiscated.
Thus, I have neither property nor family for which to return.
In addition, I fear I would be persecuted due to my political
opinions which are in direct conflict with the marrist prin-
ciples of the present Sandinista regime.
T believe that I would make an excellent officer. My superiors
and teachers at Test Point also Name the same opinion. My endet
records can substantiate this opinion. I thought it would be
easy to obtain citizenship since the United States has spent a
substantial sum of money in training me to become an officer.
I need to be a citizen because this is the only way = person
can be commissioned into the regular army, I could also be
commissioned into the active duty reserves if T became a cer-
menent resident T would very much like to be commissioned with
mge classmates if this is possible.
United STATES MILITARY (ICIDEMY
WEST Pomr, new YORK
I have sought a congressional bill to make me either a
citizen or a permanent resident but my attempts and the
academy's attempts have been unsuccessful until now. I
have also asked for political asylum but this process
takes at least a year to come up with a decision. One
can only achieve permanent resident status only after 2
year following a positive decision. Thus, I would have
to wait two years to be eligible to become an officer.
I believe that my case is exceptional and that it would
be in the national interest to make me a citizen in order
that I may become an officer in the U.S. Army.
I am therefore pleading, sir, that you may help me in my
efforts to serve this great country.
Very respectfully and truly yours,
Papall a Chera
RAFAEL A. CHECA
Cadet Sgt. '83
WITHDRAWAL SHEET
Ronald Reagan Library
Collection Name
Withdrawer
ROBERTS, JOHN: FILES
RB 8/4/2005
W
File Folder
FOIA
JGR/CHECA, RAFAEL A.
F05-139/01
COOK
Box Number
13RW
DOC Document Type
No of Doc Date Restric-
NO
Document Description
pages
tions
1
EVALUATION
2 2/15/1983 B6
482
PERFORMANCE EVALUATION FROM MILITARY
ACADEMY
Freedom of Information Act - [5 U.S.C. 552(b)]
B-1 National security classified information [(b)(1) of the FOIA]
B-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA]
B-3 Release would violate a Federal statute [(b)(3) of the FOIA]
B-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA]
B-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA]
B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]
B-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA]
B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]
E.O. 13233
C. Closed in accordance with restrictions contained in donor's deed of gift.
WITHDRAWAL SHEET
Ronald Reagan Library
Collection Name
Withdrawer
ROBERTS, JOHN: FILES
RB 8/4/2005
W
File Folder
FOIA
JGR/CHECA, RAFAEL A.
F05-139/01
COOK
Box Number
13RW
DOC Document Type
No of Doc Date Restric-
NO Document Description
pages
tions
2
EVALUATION
1 12/29/1982 B6
483
CLASSROOM EVALUATION
Freedom of Information Act - [5 U.S.C. 552(b)]
B-1 National security classified information [(b)(1) of the FOIA]
B-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA]
B-3 Release would violate a Federal statute [(b)(3) of the FOIA]
B-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA]
B-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA]
B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]
B-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA]
B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]
E.O. 13233
C. Closed in accordance with restrictions contained in donor's deed of gift.
MACC-1
18 February 1983
SUBJECT: Letter of Commendation
Cadet Rafael Checa
Company I, First Regiment
United States Corps of Cadets
West Point, New York 10997
1. I would like to commend you for earning Dean's List status during the
first term of Academic Year 1982-83.
2. This accomplishment marks you as an individual who has met the academic
challenge of the most demanding undergraduate institution in the country,
you should be justifiably proud of your performance; only cadets with a
term average over 3.0 earn the distinction of being named to the Dean's
List. I encourage you to maintain this level of dedication this semester
and throughout the remainder of your stay at the Military Academy.
3. Again, congratulations on your noteworthy achievement. You have shown
that you are a winner; an achiever who has excelled in academics. Well done!
4. I-1 AND PROUD!
GREGORY C. GARDNER
Captain, Infantry
Tactical Officer, Company I-1
WITHDRAWAL SHEET
Ronald Reagan Library
Collection Name
Withdrawer
ROBERTS, JOHN: FILES
RB 8/4/2005
W
File Folder
FOIA
JGR/CHECA, RAFAEL A.
F05-139/01
COOK
Box Number
13RW
DOC Document Type
No of Doc Date Restric-
NO Document Description
pages
tions
3
FORM
2
8/8/1981
B6
484
CTLT COUNSELING FORM
Freedom of Information Act - [5 U.S.C. 552(b)]
B-1 National security classified information [(b)(1) of the FOIA]
B-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA]
B-3 Release would violate a Federal statute [(b)(3) of the FOIA]
B-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA]
B-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA]
B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]
B-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA]
B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]
E.O. 13233
C. Closed in accordance with restrictions contained in donor's deed of gift.
JUNGLE
OPERATIONS
TRAINING
Certificate
CENTER
B.
This is to certify that
Having
successfully completed
the
Jungle Warfare Training Course
RAFAEL CHECA
is hereby designated a
Jungle
Expert
Awarded This 2d Day
Ray D Dewman
Rd
Of July 19 81
Ltc, Infantry
lavel 4
At Fort Sherman, Panama
Commandant
AF7U Form 67 (Rev 1 Oct 79)
JONGLE OPERATIONS Certificate TRAINING CENTER
P
B.
This is to certify that
Having
successfully completed
the
Jungle Warfare Training Course
RAFAEL CHECA
is hereby designated a
Jungle
Expert
OF
U.S. Department of Justice
Immigration and Naturalization Service
1 VATISIA
Office of the Commissioner
Washington, D.C. 20536
November 25, 1983
TO :
John Roberts
Associate Counsel
White House
FROM:
Lisa Duperier
9
Special Assistant
to the Commissioner
John, thought you might like to see
this. Au revoir!
WITHDRAWAL SHEET
Ronald Reagan Library
Collection Name
Withdrawer
ROBERTS, JOHN: FILES
RB 8/4/2005
W
File Folder
FOIA
JGR/CHECA, RAFAEL A.
F05-139/01
COOK
Box Number
13RW
DOC Document Type
No of Doc Date Restric-
NO
Document Description
pages
tions
4
MEMO
1
10/27/1983 B6
485
R. MICHAEL MILLER TO LISA DUPERIER RE
PERMANENT RESIDENCE
Freedom of Information Act - [5 U.S.C. 552(b)]
B-1 National security classified information [(b)(1) of the FOIA]
B-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA]
B-3 Release would violate a Federal statute [(b)(3) of the FOIA]
B-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA]
B-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA]
B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]
B-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA]
B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]
E.O. 13233
C. Closed in accordance with restrictions contained in donor's deed of gift.
WITHDRAWAL SHEET
Ronald Reagan Library
Collection Name
Withdrawer
ROBERTS, JOHN: FILES
RB 8/4/2005
W
File Folder
FOIA
JGR/CHECA, RAFAEL A.
F05-139/01
COOK
Box Number
13RW
DOC Document Type
No of Doc Date Restric-
NO
Document Description
pages
tions
5
TELEGRAM
1 10/25/1983 B6
486
PRIV. BILL RADIOGRAM FROM MARGO F.
CREELMAN TO INVEST. BRANCH RE INVEST. &
STAY OF DEPORTATION
Freedom of Information Act - [5 U.S.C. 552(b)]
B-1 National security classified information [(b)(1) of the FOIA]
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E.O. 13233
C. Closed in accordance with restrictions contained in donor's deed of gift.
COMMITTEE ON THE JUDICIARY
U.S. Douse of Representatives
Mashington, D.C. 20515
October 21, 1983
Re: H.R. 4026
Rafael A. Checa
The Commissioner
Immigration and Naturalization Service
Department of Justice
Washington, D.C.
Dear Sir:
Enclosed herewith are copies of the above-
captioned bill, pending before this Committee.
Please forward a report of the facts in
the case as disclosed by the files in your office.
Sincerely yours,
Peter W
PETER W. RODINO, JR.
Chairman
P.B.C.U
11.6 = 130 CBST
RECEIVED
COMMITTEE
ORITY MEMBER
ON MONOPOLIES
ERCIAL LAW
ORITY MEMBER
V
ON IMMIGRATION,
TERNATIONAL LAW
MITTEE ON
TH AND FAMILIES
98TH CONGRESS
1ST SESSION
H.R.4026
For the relief of Rafael A. Checa:
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 28, 1983
Mr. FISH introduced the following bill; which was referred to the Committee on
the Judiciary
A
BILL
For the relief of Rafael A. Checa.
1
Be it enacted by the Senate and House of Representa-
2 tires of the United States of America in Congress assembled,
3 That, for the purposes of the Immigration and Nationality
4 Act. Rafael A.: Checa shall be held and considered to have
5 been lawfully admitted to the United States for permanent
6 residence as of the date of the cuactment of this Act, upon
7 payment of the required visa fee. Upon the granting of per-
8 manent residence to such alien as provided for in this Act,
9 the Secretary of State shall instruct the proper officer to
1.
10 deduct one number from the total number of immigrant visas
11 which are made available to natives of the country of the
12 alien's birth under section 203(a) of the Immigration and Na-
2
1 tionality Act or, if applicable, from the total number of such
2 visas which are made available to such natives under section
3 202(e) of such Act.
CO 105.25-C
Rafael Checa
Ken Starr
Lisa Duperier
Counselor
Special Assistant
to the Attorney General
to the Commissioner
Immigration and Naturalization
Attached is a draft response for the Attorney General's signature to the
Minister of Justice of Peru. I was somewhat at a loss to respond to the
last paragraph regarding drug enforcement activities.
Attachment
CC: LISA DUPERIER
OFFICIAL FILE
COADN LOG
DOCKET Room 7228
COADN:JDCuddihy:ds:8/16/83
Armondo Buendia Gutierrez
Ministro de Justicia
Lima, Peru
Dear Mr. Gutierrez:
Thank you for bringing the case of Rafael Checa to my attention by your
letter of June 23, 1983. I am pleased to report that this fine West
Point graduate will be able to fully pursue his career in the United
States Armed Forces.
The Immigration and Naturalization Service informs me that Mr. Checa's re-
quest for political asylum in the United States has been approved. He has
now been granted asylee status for a period of one year, after which he
may apply for permanent resident status. Mr. Checa, through General
Davison, is now working with the proper authorities of the United States
Army to fulfill the requirements to accept his commission as an officer.
I am certain that through continued dialogue we can progress toward
solutions to the problems of common concern to our countries. I sincerely
appreciate your efforts to move toward a resolution of these problems. I
very much enjoyed my visit to your beautiful country, and look forward to
returning.
With warm personal regards.
Sincerely,
William French Smith
CC: OFFICIAL FILE
KEN STARR
LISA DUPERIER
COADN LOG
DOCKET Room 7228
COADN: JDCuddihy:ds:8/16/83