Court asked to disqualify Williams from a case By MAR-VIC CAGURANGAN

Attorney David Banes is asking the Superior Court to disqualify immigration lawyer Aaron Williams from representing the government in a deportation case involving a Russian national, saying he intends to summon Williams to testify on the same case.

“A lawyer cannot appear as a witness and also represent the government,” Banes said, citing a provision of the American Bar Association Model Rules.

Banes is contesting the government’s deportation proceedings against his client, Oxana Galkina, who earlier signed a Non-Prosecution Agreement with the Department of Labor and Immigration.

Williams, however, maintained Galkina signed a deal in which she agreed to “a lifetime banishment from the CNMI.”

In a Nov. 10 letter to Williams, Banes told the immigration lawyer that since he was the one who drafted and signed the agreement, “it is only your testimony that can provide any foundation for your argument.”

Williams is, therefore, a “necessary witness” in the case, Banes said.

The bar association’s Model Rules provides that “A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness.”

Galkina was among the undocumented workers arrested by immigration agents following a raid on the Big Boss Club last year.

Galkina had a valid work permit when she came to Saipan to work as a waitress at the Palace Corporation.

Alleged labor malpractice by her employer had forced her and 22 other co-workers to file a lawsuit against Palace Corp.

Galkina and some of her co-workers transferred to Big Boss, but the club owners failed to facilitate their transfer documents, leading to the government’s action against the establishment.

Galkina had agreed to cooperate with the government in the prosecution of Big Boss owners, and her testimony eventually resulted in their conviction.

In exchange, the government promised not to prosecute her in connection with her immigration status, and to allow her to go on voluntary departure upon completion of the case. Voluntary departure would allow her to return to the CNMI.

Three months after the Big Boss case was resolved, the government imposed a ban on all Russian nationals, which would deter Galkina from returning to the CNMI if she leaves unless she had a letter of authorization from Labor Secretary Mark Zachares.

But DOLI denied Galkina’s request for a letter of authorization.