US govt settles lawsuit over biometrics delay

The federal court has dismissed the lawsuit filed by a former Chinese legislator against U.S. Citizenship and Immigration Services officials for their alleged inaction on her requests for biometrics that are needed in her court battle to remain in the CNMI.

U.S. District Court for the NMI Chief Judge Ramona V. Manglona dismissed Heqian Ma’s lawsuit and closed the case after the U.S. government settled the lawsuit.

On Aug. 24, 2015, Ma asked the court to compel USCIS officials to take her biometrics for immigration purposes after months of alleged delays.

Manglona noted that the parties settled the matter just over a week later and have now agreed to dismiss Ma’s petition.

In dismissing the case, Manglona said the parties have complied with the Federal Rules of Civil Procedure.

In the parties’ stipulation for voluntary dismissal, Ma’s counsel, Samuel I. Mok, and U.S. government’s counsels, assistant U.S. attorneys Mikel W. Schwab and Jessica F. Cruz, informed the court that the terms of their settlement agreement have been satisfied.

Each party shall bear its own costs and fees, including attorneys’ fees.

Under the settlement, the U.S. government agrees to pay $400 (equivalent to the court filing fee) to Ma, who, in turn, will release of her claims in her petition for writ of mandamus.

Ma agrees that their agreement shall not be construed as an admission of any liability or fault of any kind by the U.S., but is “solely the compromise of any past, present, future and potential contested claims for the purpose of avoiding…further controversy and litigation pertaining to the covered conduct.”

Ma filed the petition on Aug. 24, 2015. She contends that she has a right to have her biometrics taken within a reasonable time so that she may be considered and/or granted withholding of removal relief.

The following day, Aug. 25, USCIS, took Ma’s biometrics. On Aug. 26, USCIS signed off on quality assurance.

Ma filed her application with the Immigration Court to withhold her removal from Saipan in 2012. On Feb. 12, 2013, the Immigration Court denied her application. She appealed the decision to the Board of Immigration Appeals.

On Dec. 10, 2014, the Board of Immigration Appeals reversed and remanded the Immigration Court’s decision to allow Ma time to file sufficient documentation to corroborate her claims.

On Feb. 6, 2015, Ma submitted a request to USCIS for biometrics processing. After failing to receive a response to her request and after being denied biometrics processing as a walk-in customer on Aug. 24, 2015, she filed the lawsuit.

Ma sued USCIS associate director for Service Center Operations Donald Neufeld, USCIS District Director David Gulick, USCIS Director Leon Rodriguez, Department of Homeland Security Secretary Jeh Johnson, and U.S. Attorney General Loretta Lynch.

Ma claimed that she ultimately fled to Saipan after certain Chinese government law enforcement officials severely beat, threatened, and detained her due to her political opinions.

Ma has a pending application before the Saipan Immigration Court, asking the court to withhold her removal from the CNMI on the basis of her fear of being persecuted by the Chinese government on account of her political beliefs.

Mok said the dismissal and/or denial of Ma’s application for withholding of removal will result in her deportation to China where the Immigration Court has already found during a prior hearing that it was likely she would suffer persecution by the Chinese government on account of her political beliefs.

According to Mok, Ma was formerly an elected member of the national Chinese legislature and that during her time as a lawmaker, she investigated and filed reports of corruption on certain Chinese government law enforcement officials.

Because of such investigation, Mok said, Ma was severely beaten, threatened, and detained. Ma ultimately fled to Saipan.

In March 2012, Manglona imposed a six-month prison term on Ma, who was convicted of engaging in a fraudulent scheme to invite Chinese nationals to come to the CNMI for non-existing jobs. Ma pleaded guilty to two counts of fraud in foreign labor contracting.