Man in fake marriage case gets 24-month probation

Mohammed Mohedul Islam, a Bangladeshi who has lived on Saipan for 20 years, was slapped with a 24-month probation sentence in federal court on Friday for lying to federal authorities as part of a marriage scam in order to obtain lawful permanent resident status.

U.S. District Court for the NMI Chief Judge Ramona V. Manglona ordered the 41-year-old Islam to be delivered to an immigration official for deportation.

Manglona required Islam to perform 50 hours of community service and pay a $100 special assessment fee, among other conditions.

The judge granted assistant U.S. attorney Ross Naughton’s motion to dismiss the remaining five charges against Islam.

Naughton recommended a sentence of 24 months of probation, which is the low end of the sentencing guidelines.

Attorney Colin Thompson, court-appointed counsel for Islam, recommended the same, saying his client had accepted responsibility, has lived on the island for 20 years as a good citizen without any criminal activity.

Thompson said Islam will return to Bangladesh for medical reasons.

On Nov. 29, 2013, Islam pleaded guilty to a count of false statement to a U.S. government agency, which carries a maximum penalty of five years in prison and a $250,000 fine.

According to the plea agreement, on Aug. 10, 2009, Islam caused his then-spouse J.A.C. to state in her I-130 form “Japan Drive, Saipan, MP96950” as their last address when in fact they have never lived together and never lived in any house on Japan Drive.

Form I-130 refers to a U.S. citizen’s petition for an alien relative.

Last year, federal agents arrested Islam after the U.S. government indicted him with one count of conspiracy to defraud the United States, three counts of false statement to a government agency, one count of concealment of material fact, and one count of false statement on an immigration document.

According to the indictment, Islam and others would persuade officials of the U.S. Citizenship and Immigration Services that defendant and J.A.C. were living together in a legitimate marriage when in fact they were not.

In November 2006, in preparation for his submission of immigration paperwork to USCIS and to make his marriage appear legitimate, Islam opened a joint bank account with J.A.C. at the Bank of Guam to generate evidence of joint ownership of property.

In April 2009, Islam signed a lease agreement for an apartment in Gualo Rai. The agreement named Islam and J.A.C. as tenants to generate evidence of a joint marital residence.

In August 2009, the two signed a rental agreement for a mailbox at Pacific Quick Print & Post.

In November 2009, Islam caused J.A.C.’s grandmother to sign an affidavit wherein the grandmother falsely attested that she had visited the two “at their home” and “had seen them to have a good relationship as husband and wife.”

On Aug. 7, 2009, Islam lied in an I-485 form where he was required to list his “present husband/wife.” The defendant listed only J.A.C., although at that time he was still married to a woman named Nasrin in Bangladesh.

Form I-485 is an application to register permanent residence or adjust status.

In the same form, Islam listed no children, although he has a daughter and a son in Bangladesh.