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Passed
February 28, 2006
Resolution
urging the Department of Justice to grant Xiao Fei (“Eddy”)
Zheng’s application to remain lawfully in the United States and
calling on the Department of Homeland Security to exercise its discretion
not to appeal the grant of a waiver that would allow Eddy Zheng to remain
in the United States.
WHEREAS, Xiao Fei (“Eddy”) Zheng lawfully immigrated to the
United States from the People’s Republic of China with his family
in 1982, and has lived in the United States since the age of twelve as
a lawful permanent resident; and,
WHEREAS, He
was granted parole by the California Board of Prison Terms in 2004, and
that parole grant was reviewed and allowed to stand by Governor Arnold
Schwarzenegger in 2005 based on the uncontested evidence of Eddy Zheng’s
rehabilitation and suitability for parole into the community after 19
years of successful progress within the California Department of Corrections
following his adult conviction for kidnapping for purposes of robbery
at the age of 16; and,
WHEREAS, Rehabilitation is a primary goal of incarceration and Eddy Zheng
is an embodiment of the complete achievement of that goal through his
accomplishments while incarcerated; showing extensive remorse for his
crime, learning English, obtaining a G.E.D. and an A.A. degree, serving
in leadership capacities in Toastmasters, S.Q.U.I.R.E.S. (San Quentin
Utilization of Inmates Resources Experiences and Studies), Anti-Violence
Project workshops, and dedicating his life and his actions to encouraging
and helping others achieve a similar level of rehabilitation; and,
WHEREAS, Eddy Zheng has committed to working with young people, particularly
the underserved population of Asian-American at-risk youth, from following
a path of delinquent or criminal behavior; and,
WHEREAS, Eddy Zheng possesses the unique combination of experience, desire
and ability to communicate effectively and in a credible manner, with
underserved at-risk youth; and,
WHEREAS, Eddy Zheng has and continues to make positive contributions to
our local community which will help our communities become safer and less
violent places to live; and,
WHEREAS, The removal of Eddy Zheng from the United States would be a complete
waste of the resources already spent on his rehabilitation and would be
a significant loss of a valuable asset to the community; and,
WHEREAS, The removal of Eddy Zheng cannot be justified as punishment since
the 19 years of incarceration before his parole were found by the Board
of Prison Terms to be sufficient punishment for the offense and would
not be justified by the nature of the offense given his rehabilitation;
and,
WHEREAS, The value of having Eddy Zheng as a full participant and member
of the local community has been recognized by the Asian Pacific Islander
Legislative Caucus of the California Legislature including Wilma Chan,
16th District; Judy Chu, 49th District; Carol Liu, 44th District; Leland
Yee, Speaker Pro Tempore, 12th District; and,
WHEREAS, The value of keeping Eddy Zheng in the community has been recognized
by elected and community leaders, including Congressman Michael M. Honda,
California State Senator Sheila J. Kuehl, State Assemblyman Mark Leno,
State Assemblywoman Loni Hancock, San Francisco Board of Education member
Eric Mar, Reverend Norman Fong, former San Quentin State Prison Warden
Art Calderon, and by both the prosecuting attorney and the sentencing
judge, who have recognized that Eddy Zheng’s rehabilitation justifies
his release back to the community; and,
WHEREAS, It is within the discretion of the Immigration Court, in the
United States Department of Justice’s Executive Office for Immigration
Review, to grant Eddy Zheng permission to remain lawfully in the United
States, and it is within the discretion of the Department of Homeland
Security to not oppose or appeal such a grant; and,
WHEREAS, It is in the interest of the City and County of San Francisco,
as well as the larger community that Eddy Zheng be permitted to remain
lawfully in the United States; now, therefore, be it
RESOLVED, That the City and County of San Francisco does not support the
removal of Xiao Fei (“Eddy”) Zheng from the United States;
and, be it
FURTHER RESOLVED, That the San Francisco Board of Supervisors urges the
Department of Justice to grant Eddy Zheng the appropriate waiver to be
able to remain lawfully in the United States, with his wife and family,
and in his community; and, be it
FURTHER RESOLVED, That the Board of Supervisors calls on the Department
of Homeland Security to exercise its discretion not to oppose the grant
of an appropriate waiver to allow Eddy Zheng to remain lawfully in the
United States, not to appeal the grant of such waiver, and not to advocate
for, enforce, or execute, the removal of Eddy Zheng from the United States;
and, be it
FURTHER RESOLVED, That copies of this resolution be sent to the Department
of Homeland Security, Immigration and Customs Enforcement, in San Francisco
and in Washington, D.C., Senator Dianne Feinstein, Senator Barbara Boxer,
U.S. Representatives Nancy Pelosi, and Barbara Lee, and provided to Eddy
Zheng’s counsel for the purpose of distribution to the Immigration
Court, Executive Office for Immigration Review, Department of Justice.
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