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Wiseman drops deportation cases against 12 ‘stowaways’
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Posted on Feb 03 2006
Superior Court Associate Judge David A. Wiseman dismissed yesterday the deportation cases filed against 12 of 14 “stowaway” Chinese workers who were arrested last December for allegedly trying to illegally enter Guam.
Wiseman dropped the cases after the Division of Immigration, through assistant attorney general Ian Catlett, moved to dismiss the matter.
Catlett said that, based on the court’s ruling in the case against Xu Wang Zheng, which established a precedent, the 12 respondents are not deportable aliens.
Wiseman granted the motion and dismissed the government’s deportation petitions against Wei Hang, He Wen Ye, Xiao Shui Zhen, Qian Hai Ying, Huang Fuyi, Liu Yue Qi, Cai Nan Sheng, Hua Li Rong, Xu Shui Ying, Xiao Rui Ming, Yang Yi Gen, and Gu Sheng Yan.
On Thursday, Wiseman dismissed the case against Xu Wang Zheng. He ruled that being found without actual possession of a passport, an alien registration card, or an entry permit is not ground for the deportation of an alien worker.
Wiseman said an interpretation of “personal possession,” which would require aliens to carry their alien registration cards on their physical person at all times, “threatens to precipitate absurd results that would impinge on the personal freedom of aliens.”
Court records show that on Dec. 6, 2005, a boat carrying 14 Chinese workers departed from Saipan. Coast Guard intercepted the vessel approximately 11 miles off the coast of Rota.
After intercepting the boat, the Coast Guard escorted the vessel back to Saipan. One of the passengers told investigators that fishing was the purpose of their trip.
Except one, all the passengers were not carrying at that time either their CNMI entry permits or their passports. This prompted the government to file deportation cases against the 13 passengers. The 14, however, were also indicted in federal court for human smuggling. The federal cases are still pending in court.
