Case features mom’s immigration battle

The Supreme Court yesterday heard arguments on a petition of the Department of Labor and Immigration against a decision of the lower court to allow a voluntary departure of two illegal aliens who are allegedly using their U.S.-born children as shield against a harsher penalty.

The hearing came after Superior Court judge Timothy Bellas held off decision on DOLI’s request to strike out “voluntary” in the deportation order until the Supreme Court rules on the matter.

Robert Goldberg, legal counsel for the department, told acting chief justices Miguel Demapan and Alexander Castro as well as retired chief justice Marty Taylor that they have the discretionary power to grant voluntary departure to the two women and not the court.

Joe Hill, who represents the two women, argued that these overstaying foreigners were just asking that they be granted visitor’s pass to allow them to continue their familial ties with their children who are U.S. citizens because under the law, they cannot be given such privilege once they are forced to leave the island.

But Justice Castro raised the issue of animosity between Bellas and Goldberg as possible reason why the case has dragged to the Supreme Court, noting that personality issue could have affected the result of the case.

Goldberg earlier has lashed out at Bellas for abusing his discretion and for violating the mandate given to him as Superior Court judge when he decided against deporting Gemma G. Sagun, a Filipina found to be overstaying on the island for the last six years.

Sagun was reportedly using her children as shield against the deportation order from DOLI. Goldberg claimed allowing her voluntary departure would be a “slap” in the law enforcement efforts of the immigration office.

Hill insisted the law is not specific as to who has the power to grant a voluntary departure, saying the “discretionary abuse” by DOLI on deportation proceedings can be appealed in court.

Justice Demapan, meanwhile, cited ramification of the case which may open the floodgate for overstaying foreign workers to use their U.S.-born children as weapon against deportation.

In arguing the case filed last year in the court, Goldberg had considered that this tactic implied that CNMI is becoming “Asian baby factory” and that “alien’s uterus is not a license to violate CNMI laws” — statements which Bellas ordered deleted.

The three presiding justices are taking these issues under advisement.