Judge denies deportation of tourist on Rota

The Superior Court has denied the government’s petition to deport an alleged overstaying Japanese tourist who had gone to Rota for the burial of his father.

In his order issued Friday—a day before his resignation from the bench—Superior Court Associate Judge Juan T. Lizama ruled that until the government provides the court with a written brief detailing the specifics of its position, the court will not grant the petition to deport Yoichi Kagawa.

Lizama pointed out that Kagawa had a parent that resided in the CNMI prior to and after the cut off date to be deemed a person of Northern Marianas descent.

The judge noted that as the legitimate son of such a person, Kagawa may be entitled to apply for his own citizenship.

“If this is true, then he may very likely not be able to be deported as he has a legitimate right to be present in the CNMI,” Lizama said.

According to court records, Kagawa’s father had lived on Rota earlier in his life, including prior to the Trust Territory citizenship cutoff date of 1950.

Kagawa’s father left the CNMI for Japan. Kagawa was born in Japan and has Japanese citizenship and a passport.

In May 2006, Kagawa’s father passed away on Rota. The respondent (Kagawa) entered the CNMI under a tourist entry permit in order to bury his father on May 14, 2006.

According to the government, represented by chief prosecutor Kevin Lynch, the respondent was allowed to extend his visa to that of long term tourist permit on June 6, 2006.

These two permits allowed the respondent to remain in the CNMI for a total of 90 days. Kagawa has not filed an application for employment nor been granted temporary work authorization.

In February 2007, the government advised the Japanese tourist to leave the CNMI before March 5, 2007, to avoid deportation proceedings.

Kagawa has also failed to register under the alien registration requirement and has overstayed his tourist visa by an extended period of time.

In his order, Lizama said he does not contest these assertions by the government.

“The court, however, has doubts regarding whether the immigration rules may be applicable to this particular person,” the judge said.

“Since the government seeks the respondent’s deportation so strenuously, the court does not think it an unfair burden to require a written brief regarding the respondent’s legal status under the Trust Territory cutoff date rules,” Lizama said.

He cited that any person who was present at that time was considered grandfathered in as people of Northern Marianas descent, regardless if they subsequently left the CNMI.

“Therefore at this time the court will deny the petition that seeks deportation until such time that the government provides the court with a written brief that details the application of the Covenant and the proposed legal status of respondent,” Lizama said.

He added that the court by operation of law must give Kagawa the benefit of the doubt in this situation based on his assertions.