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Judge junks habitual offender’s petition to stop his deportation
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Posted on Sep 07 2011
Chief Judge Ramona V. Manglona of the U.S. District Court for the NMI granted the Immigration and Customs Enforcement’s motion yesterday to dismiss a petition for habeas corpus filed by a citizen of the Federated States of Micronesia who is a habitual offender.
Manglona denied Mariano Angkel Shiano’s petition and lifted the court’s temporary order that stopped Shiano’s deportation from the Commonwealth.
Manglona issued a two-page order based on a review of the record. She said a separate decision will follow.
Shiano, through counsel Stephen C. Woodruff, filed the petition for habeas corpus in connection with his detention pending removal.
On May 31, 2011, an immigration judge ordered that Shiano be deported. He was scheduled to depart on July 5, 2011, but he filed the petition for habeas corpus.
In July 2011, U.S. District Court for the NMI designated judge David Wiseman temporarily stopped Shiano’s deportation, saying the court needs more time to consider the petition.
In the petition, Woodruff argued that Shiano has no criminal history subsequent to the May 8, 2008, enactment of the Consolidated Natural Resources Act (federalization law) or the Nov. 28, 2009, extension of the territorial reach of the Immigration and Naturalization Act to the CNMI.
Citing precedent, Woodruff asserted that the U.S. Supreme Court condemned precisely this kind of retroactive application of the law as is involved in this case.
ICE official Gerald Zedde and ICE acting supervisor Beth Limerick, who are named responded by Shiano in the petition, asked the court to dismiss the petition.
Department of Justice’s senior litigation counsel Theodore W. Atkinson, on behalf of Zedde and Limerick, asserted that Congress clearly intended that aliens who have past crimes in the CNMI would be inadmissible and are thus deportable.
