No settlement between DHS officials, mother of 2

Officials of the U.S. Department of Homeland Security and a Filipino mother of two have failed to reach a settlement on a pending case, and the mother has signified her intent to press ahead with the case.

Amalia Abo Guanlao, who has been living on Saipan for over 23 years now and is a mother of two U.S. children, both of them minors, did not accept the settlement terms offered by DHS.

At a status conference last Wednesday, Mark Scoggins, who was appointed to represent and assist Guanlao with the settlement, informed U.S. District Court for the NMI Magistrate Judge Heather Kennedy about the failure of negotiations with DHS.

According to the minutes of the conference, Scoggins told the court that Guanlao does not wish to dismiss her lawsuit.

Guanlao affirmed her decision not to settle and to pursue the case. She is challenging an order for her removal from the CNMI.

Since no settlement was reached, Kennedy relieved Scoggins and said that the case will proceed before U.S. District Court for the NMI Chief Judge Ramona V. Manglona.

Kennedy set another status conference last Friday, at 9:30am before Manglona.

Guanlao asked the court if she could travel to Guam for medical purposes.

Kennedy told her that she would have to arrange that request with the local Enforcement and Removal Operations office.

Attorney Adrienne Zack, counsel for respondents, agreed and told Guanlao that she needs to coordinate that request with the local ERO office.

Aside from naming then-U.S. Department of Homeland Secretary Jeh Johnson as respondent, Guanlao also sued several U.S. immigration officials.

Guanlao is still seeking a lawyer in her lawsuit.

In a declaration filed in federal court, Guanlao disclosed that she has been having medical issues with her left breast and suffering back pain since 2013.

She said she needs an MRI and bone density scan, but there is no available facilities on Saipan.

She underwent an operation in the Philippines in 2008, but never had any follow-up check-up since then.

Guanlao said her husband has been working on Saipan since 1989.

Guanlao said their two children were born on Saipan. “They are the reason why I want to live longer,” she said.

She narrated to the court about her efforts to talk to several lawyers, but to no avail.

Guanlao also disclosed that a lawyer applied her for humanitarian parole for $300 because of her medical condition.

She said her application was approved, but was later revoked by the U.S. Citizenship and Immigration Services field director of Guam and CNMI.

“This is the main reason why I want to be with my kids,” Guanlao said.

Guanlao said the CNMI Labor issued her a memorandum-authorization to seek temporary employer that can be renewed every three months, and that her employer needs to renew her temporary permit every three months.

She said CNMI Labor issued her the verification of umbrella permit and verification of arrival and departure for $25 each for her CW-1 but USCIS did not honor those documents and denied her CW-1 and CW-2 applications.

The U.S. Department of Justice agreed to stay Guanlao’s case to allow her obtain new counsel and time to consider whether to withdraw or re-file the second amended petition.

Manglona has stayed Guanlao’s removal while the court hears her petition.