‘Morton memo can be used as one of reliefs’

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Posted on Dec 10 2011
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By Clarissa David
Reporter

Atty. Ted Laguatan talks about the various immigration defenses available for Filipinos who now fear deportation after loss of status during an immigration forum on Thursday night. (Clarissa V. David) A top immigration lawyer has identified the so-called “Morton memo” as one of the immigration defenses available for Filipinos and other foreign workers who lost their status in the CNMI as of Nov. 28.

Atty. Ted Laguatan made this pronouncement to over a hundred Filipinos who attended the immigration forum sponsored by the U.S. Pinoys for Good Governance at the Marianas Business Plaza ground floor on Thursday night.

Laguatan made a sidetrip to Saipan with his wife Josephine after a visit to the Philippines. The couple arrived on Wednesday.

Laguatan, one of only 29 U.S. lawyers honored by the California State Bar as certified continuously for more than 20 years as Expert-Specialist in Immigration law, assured his audience that the “Morton memo” can be used as a relief once they go through deportation proceedings.

“Morton memo” refers to the memorandum issued by U.S. Immigration and Customs Enforcement director John Morton directing ICE attorneys and employees to “exercise prosecutorial discretion” and refrain from going after non-citizens with close family ties in the U.S., among other things, unless they are criminals or pose a clear risk to national security.

The memo, issued in June 2010, covers the CNMI.

Laguatan said the use of Morton memo as a relief can be done even if a person does not have lawyer. To do so, he said an individual should prepare a letter citing that he entered the CNMI legally and for how long he has been in the islands, that he has not committed any crimes, and the ways that he has been valuable in the community.

Laguatan pointed out that the letter should be supported with reference letters from members of the community such as a priest or a former employer.

Once an immigration judge asks the individual what he wants, Laguatan said the individual should reply by asking the government not to proceed with deportation proceedings based on the Morton memo.

Laguatan noted, however, that the use of the Morton memo is discretionary.

“The government lawyer on immigration may or may not agree but that’s one possibility that may succeed based on the Morton memorandum,” he added.

During the forum, Laguatan provided answers to questions and cases brought by members of the audience.

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