Zachares, Goldberg ordered to appear in court

Federal Court Judge Alex R. Munson yesterday ruled partly in favor of two Chinese nationals seeking political asylum in the CNMI after he ordered Labor and Immigration Sec. Mark Zachares, the department’s legal counsel and a federal immigration agent to appear in court over a contempt charge.

Plaintiffs Rui Liang and Liao Da Nian had gathered sufficient evidence to support contempt case against the DOLI chief, its legal counsel Robert Goldberg and Robert Stamerra, asylum officer of the U.S. Immigration and Naturalization Service, according to the ruling.

The three were ordered to appear in the U.S. District Court on Saipan on March 6,2000 to contest the complaint filed by the two through their lawyer Bruce L. Jorgensen, who pressed the case during a hearing held last Friday.

Both Mr. Zachares and Mr. Goldberg will also have to explain to the court why they should not be found to have engaged in bad faith litigation conduct after they allegedly violated an earlier court order.

Judge Munson’s decision stemmed from the plaintiffs’ contention that these three officials ignored his Sept. 7 ruling to maintain the status quo when the court denied the motion for a temporary restraining order against the asylum-seekers’ possible deportation from the CNMI.

Mr. Jorgensen has since filed amended motions asking the court to order his clients’ release from CNMI detention and to process immediately their applications for asylum following the conduct of the defendants. Both the U.S. and CNMI governments have been named defendants to the civil case, along with 25 other individuals.

He had pressed the case after Mr. Stamerra reportedly interrogated Ms. Liao and attempted to question also Mr. Rui in violation of the 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.

Mr. Goldberg, as DOLI’s legal counsel, allegedly committed another contempt of court when he asked the CNMI Superior Court to deport the two asylum-seekers, according to court documents.

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.

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.