9th Circuit affirms conviction of man who refused to leave building lobby

The U.S. Court of Appeals for the Ninth Circuit has affirmed the conviction of a Chinese national who refused to comply with instructions of a federal police officer to leave the lobby of the Immigration and Customs Enforcement Office in Gualo Rai.

In their ruling Monday, Ninth Circuit Judges William Canby, Michelle Friedland, and Ryan D. Nelson said that Cheng Jin admits that he knew he would be arrested if he failed to comply with the order, but willfully disobeyed the order because he disagreed with the reasoning for his removal.

This is sufficient to support Jin’s conviction for failing to comply with a lawful direction of federal police officers and other authorized individuals under the Code of Federal Regulations, the judges said. The judges did not consider Jin’s claim that his trial counsel gave him ineffective assistance.

In November 2019, U.S. District Court for the NMI Magistrate Judge Heather L. Kennedy found Jin guilty of misdemeanor for failing to comply with a lawful order. Kennedy, who presided over a bench trial, sentenced Jin to 20 hours of time served in jail and ordered him to pay $5 in court assessment.

Jin was placed on one year of supervised probation with a condition that he is not to stay within 50 feet of the Immigration Office’s door in Gualo Rai other than his scheduled appearance on Aug. 19, 2020, or as instructed by the Immigration Office.

U.S. District Court for the NMI Chief Judge Ramona V. Manglona subsequently affirmed Jin’s bench trial conviction.

Jin then appealed pro se or without a lawyer, asking the Ninth Circuit to reverse his conviction. In his appeal, Jin challenged the evidence presented during the bench trial. Specifically, he claimed that on the day of his arrest he was not being disruptive, not blocking the entryway to the Immigration Customs Law Enforcement, Enforcement and Removal Operations Office. He claimed that he had a legitimate right to be there.

In affirming Jin’s conviction, the Ninth Circuit judges said that viewing the evidence in the light most favorable to the prosecution, a reasonable fact finder could conclude from the evidence that Federal Protective Services inspector Sean White clearly directed Jin to leave the property or face arrest, and that Jin intentionally defied that order by remaining in the property and refusing to leave.

According to the information, the incident happened on Oct. 24, 2019.

Jin, who speaks and understands limited English, initially sought help from federal agents because he wanted his immigration case done and over with.