AGO, PDO clash over alleged ex-Abu member

The Attorney General’s Office and the Public Defender’s Office are at odds over the government’s filing of a deportation case against an alleged former member of the notorious Philippine-based terrorist group Abu Sayyaf.

Court records indicate that the legal dispute between AGO and PDO began when the Division of Immigration, through Assistant Attorney General Ian M. Catlett, filed a deportation case against Roger Castillo on Dec. 29, 2005.

With the filing of the case, the Superior Court on that day issued an arrest warrant for Castillo. The respondent was arrested in Garapan on Dec. 31, 2005.

At the Jan. 5, 2006 hearing, Superior Court Associate Judge David A. Wiseman ordered Castillo’s deportation. The respondent had no lawyer at the hearing.

Acting Chief Public Defender Elisa A. Long protested on behalf of Castillo. She filed a motion to vacate the deportation order and asked for a stay in the execution of the deportation order.

Long asserted that Catlett elicited false testimony from a witness, Immigration Officer Edwin Flores, who testified that the respondent had been convicted twice of assaulting his wife.

Long claims that, at the deportation hearing, Catlett argued—untruthfully—that Castillo should be deported because he had been convicted of two misdemeanors and because his nonresident worker’s entry permit expired in March 2005.

The chief public defender noted that on Dec. 27, 2005, Castillo entered into a plea agreement with the government pertaining to his two criminal cases in 2004.

Pursuant to the agreement that was accepted by the court, Castillo pleaded guilty to one misdemeanor count and he was subsequently sentenced to the maximum of one year in prison, Long said.

She said Castillo was released from government custody on Dec. 28, 2005, then arrested again after a few days because of the deportation case.

Long said Castillo, who represented himself at the hearing, tried to explain to the court through his friend who served as an interpreter that he, in fact, had only been convicted of one misdemeanor.

The respondent also explained that he had been in jail when his permit expired in March 2005.

Long said the judge apparently believed Catlett’s representation of Castillo’s criminal record to be accurate, and the court did not make any clear findings regarding the entry permit issue.

The chief public defender disclosed that on Jan. 6, 2006 Catlett filed a notice of clarification, admitting that he made a “misstatement” at the hearing regarding the respondent’s criminal record.

Long said Castillo is entitled to a new deportation hearing pursuant to Commonwealth Rules of Civil Procedure.

But Catlett, in response to the motion, questioned Long’s authority to enter an appearance for Castillo.

Catlett said the respondent is not entitled to counsel in civil immigration matters before the court at the expense of the taxpayers of the CNMI.

Catlett asserted that by, filing the motions, Long “is knowingly exceeding her legal mandate and, in effect, practicing law without a license to do so.”

Court records show that on Jan. 10, 2006, Wiseman stayed the execution of deportation order pending the disposition of Castillo’s motion to vacate the deportation proceedings.

According to court papers, Castillo had been with the special forces of the Philippine military for three years and that he is also allegedly a former member of the Abu Sayyaf.

Abu Sayyaf is a terrorist militant Islamic group operating in the southern part of the Philippines. The group was responsible for the spate of bombings, assassinations and kidnappings of foreigners, priests, businessmen, teachers and even ordinary citizens.

It was Castillo’s wife who made the allegations that he is a former Abu Sayyaf member. The allegations were not proven in court. Many friends of Castillo doubted the Abu Sayyaf allegation.