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Court denies stay in deportation proceedings
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Posted on Oct 19 2005
The Superior Court yesterday denied a couple’s request to temporarily stop deportation proceedings against them during the pendency of a labor case recently initiated by one of them.
In denying the request of Dionisio Brana and Haydee Damasco, Associate Judge David Wiseman asserted that a labor case does not preempt the court of jurisdiction over the deportation matter.
“Rather, if a deportation order issues pursuant to deportation proceedings, the order may be stayed pending the resolution of the Division of Labor claim,” the judge clarified.
In his order, Wiseman noted that Damasco filed her labor claim on Sept. 8, 2005. The Attorney General’s Office initiated deportation proceedings against Brana and Damasco on Dec. 23, 2004 and Jan. 20, 2005, respectively. The judge also noted that Brana’s nonresident worker’s permit expired on July 1, 2001, while that of Damasco expired on Nov. 1, 2003.
The judge also junked the couple’s request for a hearing before the AGO for eligibility for voluntary departure in lieu of deportation proceedings, saying that the law vested the power to grant or deny a voluntary departure relief on the AGO.
He said the court would not interfere with the AGO statutory responsibility, adding that the Superior Court is limited to determine whether an alien is deportable pursuant to the CNMI’s immigration law.
“[The] respondents provided no basis other than general constitutional due process principles to convince the court that it should ignore the discretionary authority granted the AGO in deciding whether to grant voluntary departure,” the judge said.
“However, [the] respondents’ reliance on due process principles to challenge the AGO’s discretionary authority is misplaced. Process in the form of a hearing is only provided for in determining whether [the] respondents are deportable,” he added.
The judge noted that Brana has allegedly overstayed in the CNMI for over four years, while Damasco has been allegedly staying illegally in the Commonwealth for nearly two years.
