Federal court hears today petition of 2 asylum-seekers

A lawyer for two Chinese nationals seeking political asylum in the CNMI yesterday asked the federal court to rule in favor of his clients detained by CNMI authorities for overstaying and possible deportation.

The lawsuit filed by Rui Liang and Liao Da Nian through their counsel Bruce L. Jorgensen is set to be heard today by Judge Alex R. Munson to decide on the motion for temporary restraining order for their immediate release from detention.

Citing the response by attorneys for both the CNMI and U.S. government and 25 others named as defendants in the case, Mr. Jorgensen said their reply to the motion has not indicated opposition against freeing them from incarceration.

He also petitioned the court to have the asylum applications of the plaintiffs be processed immediately and impartially by both CNMI and federal authorities.

The two asylum-seekers have filed the motion after a representative of the U.S. Immigration and Naturalization Service reportedly interrogated Ms. Liao and attempted to question also Mr. Rui in violation of an earlier court order.

Mr. Jorgensen also claimed both federal and CNMI officials attempted to evade service of subpoenas for documents demanded by the plaintiffs on complaints of the defendants’ contempt, bad faith litigation tactics and disregard for applicable professional ethics.

Assistant Attorney General Robert Goldberg, legal counsel of the Department of Labor and Immigration named as a defendant in this case, allegedly committed another contempt of court when he asked the CNMI Superior Court to deport the two asylum-seekers, according to documents submitted by Mr. Jorgensen.

Robert Stamerra, the INS representative who came to the island early this month to meet with the two plaintiffs, also was allowed to testify telephonically, which constituted violation of the subpoena.

“Why the hiding? Why the evasiveness? Why not testify under penalty of jury,” asked Mr. Jorgensen in court papers. as he noted that Mr. Goldberg believed the Sept. 7 order by Judge Munson to retain the status quo is no longer valid.

“Why then have the plaintiffs not been deported by the CNMI?” he said.

The TRO is being sought from the court to release Mr. Rui and Ms. Liao from detention and to prohibit defendants, their lawyers and others involved in the suit from communicating with the plaintiffs without Mr. Jorgensen’s consent.

Both DOLI Sec. Mark Zachares and Mr. Goldberg are also asked to justify why they should not be held in contempt of court and liable for violations for allegedly facilitating the alteration of status quo in this proceeding.

Mr. Jorgensen also asked for their disqualification as counsels of record in this case and be suspended from practicing law in the federal court.

Mr. Rui and Ms. Liao, detained on overstaying charges, are awaiting the Superior Court’s decision on DOLI’s bid to have them deported. But both have maintained they are in danger of being “personally threatened or harmed” by authorities of the communist government if they are sent back to Beijing. (BS)