Previous Story
Judge denies man’s request for hearing
|
Posted on Oct 26 2005
The Superior Court has denied the request of a convicted man for a hearing in connection with his bid to voluntarily leave the CNMI after the Attorney General’s Office initiated deportation proceedings against him.
If the court orders the deportation of Pablo Mendoza, he can no longer enter the CNMI again. The court had earlier convicted Mendoza of assault and battery and attempted aggravated assault and battery.
Associate Judge David Wiseman ordered Mendoza to show cause why he should not be deported from the Commonwealth, in connection with the AGO’s deportation case against the nonresident worker.
The judge junked Mendoza’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’s statutory responsibility, adding that the Superior Court is limited to determine whether an alien is deportable pursuant to the CNMI’s immigration law.
Wiseman noted that Mendoza, who entered the CNMI through a nonresident worker’s permit on March 16, 2004, overstayed on the islands after that permit expired on March 16 this year.
The judge noted that the court had convicted Mendoza of two misdemeanor charges last June 17. Conviction on at least two misdemeanor charges is ground for deportation of an alien, prompting assistant attorney general Ian Catlett to initiate deportation proceedings against Mendoza.
“Mendoza has provided no ground here to convince the court that it should ignore the discretionary authority granted the AGO in deciding whether to grant voluntary departure,” Wiseman said. “In addition, respondent’s alleged conviction for two violent misdemeanors provides this court no desire to impose its will on the discretion of the government.”
