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Court orders release of alleged overstayer
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Posted on Jan 22 2020
The federal court allowed yesterday the temporary release of an alleged overstaying Chinese national who presented a CNMI driver’s license that she allegedly obtained through fraud.
At a detention motion hearing yesterday, U.S. District Court for the NMI Chief Judge Ramona V. Manglona allowed Dingping Kan to post an unsecured bond of $1,800 and directed her to return to court for a preliminary hearing on Jan. 31 at 9am. Kan was told to surrender her passport and that of her two children’s. Once confirmation is made for the children’s relocation from Tinian to Saipan, the passport will be released back to defendant’s attorney, David G. Banes, to allow the children to travel.
Banes informed the court that Kan is willing to surrender her children’s passport as extra security. Banes said Kan will remain on Saipan.
According to the minutes of the hearing, assistant U.S. attorney Eric O’Malley had no issues with Kan travelling to Tinian.
Kan was arrested on a charge of presenting a fraudulently obtained identification document to law enforcement.
Homeland Security Investigations special agent David West stated in his report that Kan was encountered at the CNMI Customs inspection area at the seaport last Wednesday, Jan. 15, when she presented a CNMI driver’s license to CNMI Customs as her identification to claim a package.
West said that during an interview with law enforcement officers, Kan informed them that she has no legal immigration status.
West said that HSI later determined that Kan has no immigration status and that the driver’s license that she had presented to Customs was fraudulent.
Kan arrived last Wednesday at the Port of Saipan to clear a cargo container that was recently shipped to the Saipan seaport from China. The defendant paid the dues as the consignee for the shipment and the cargo container was held for inspection.
At the CNMI Customs inspection area, Customs inspector Vicente Sablan asked the defendant for identification, and she presented a CNMI driver’s license. Sablan allowed Kan to proceed into the cargo area of the seaport. After clearing the cargo container, Kan was interviewed by a Drug Enforcement Administration Task Force officer.
