High Court extends again deadline on stateless issue

The U.S. Supreme Court has again extended the deadline for the filing of an appeal by the State Department in connection with a judicial ruling upholding the American citizenship of the Commonwealth’s “stateless persons.”

The deadline would have expired Friday. The State Department has yet to file their petition for a writ of certiorari, which may be issued to review and inspect the proceedings in the U.S. Court of Appeals for the Ninth Circuit and determine if there have been any irregularities.

Earlier, the High Court granted the request made by the State Department, extending the original Dec. 15, 2004 deadline to Jan. 14. The new deadline set by the High Court expires after Feb. 13.

The stateless group views the development as “frustrating,” with spokesman Randy Mendoza saying that a prolonged judicial process would just stall the congressional alternative to obtain U.S. citizenship for the stateless persons.

“I just hope that we can get an appeal already—no more extensions,” Mendoza said. “This wait-and-see mode is getting to be frustrating.”

“However, I am optimistic that majority of the public [support] our cause,” Mendoza added. “It’s just a matter of appealing it lawfully and properly.”

The State Department, represented by the Justice Department’s acting solicitor general Paul D. Clement, asked the Supreme Court for another extension on Jan. 4. The High Court’s Justice O’Connor granted the request the following day and extended the deadline to Feb. 13.

Without a timely appeal by the State Department, the Court of Appeals ruling upholding American citizenship for the stateless persons would become final and executory.

The appellate court earlier overturned Saipan federal court’s ruling that declared that stateless persons are not U.S. citizens. Later, the appellate court denied the State Department’s request for a rehearing on the case.

Stateless persons are those born in the Northern Marianas between Jan. 9, 1978 to Nov. 4, 1986—the intervening period between the adoption of the Covenant and its ratification.

Mendoza claimed that the current immigration status of stateless persons has been hampering their goals to join the U.S. military and pursue higher education in the United States.

Gov. Juan N. Babauta had urged all stateless children last year to register with the Office of the Governor and submit necessary documents for submission to the U.S. Congress.

This came following Babauta’s consultation with Indiana Rep. Dan Burton on the issue during his visit to Washington D.C. last year. Burton, who visited the CNMI in December 2003, has expressed willingness to introduce a bill granting the so-called stateless children their long-time dream: U.S. citizenship.