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No bail for deportable FSM citizen
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Posted on Dec 22 2008
Superior Court Associate Judge David A. Wiseman has denied bail for a deportable alien who was convicted of a felony in 2002.
Douglas A. Philip was ordered by the court to be deported and he was remanded to the custody of the Department of Corrections.
Wiseman ordered the Division of Immigration to assist Philip on any matters such as packing his personal belongings before his departure from the CNMI.
Assistant attorney general Katie Busenkell represented the government during the bail hearing yesterday morning.
In an affidavit filed by Immigration investigator Erwin T. Flores, the respondent was convicted of assault with a dangerous weapon on July 29, 2002.
Record also showed that the Superior Court issued an order of deportation against Philip on April 4, 2006.
The respondent appealed to the Supreme Court, arguing that he is not an alien based on the Commonwealth Entry and Deportation Act.
The Supreme Court issued a slip opinion on Jan. 30, 2008, affirming the trial court’s decision that Philip is a deportable citizen.
Flores also stated in his affidavit that a query of the Border Management System indicated that the respondent has not departed the CNMI.
Due to the nature of the alleged charge and/or conviction of the respondent, investigators found reason to believe that he will attempt to elude service, therefore they requested an arrest warrant.
The affidavit said that Philip has failed to comply with the terms and conditions of his entry, thus he is deportable alien based on CNMI laws.
