Insurance firm, owner, investor sue Grey, Gregory

An insurance company and its owner have sued Division of Immigration chief Melvin Grey, former Attorney General Matthew T. Gregory, and the CNMI government for allegedly denying a visitor’s entry permit to a Fujian, China, resident who was reportedly planning to invest in the CNMI.

Royal Crown Insurance Corp. and its owner, Cheong Pui Ng, have indicated their sponsorship and support for Wen Qing Wang. Ng described Wang as his business associate who would like to invest on Saipan.

Wang joined Royal Crown Insurance and Ng as plaintiffs in their lawsuit against Grey, Gregory, and CNMI government.

Saipan Tribune tried but failed to contact Grey for comments. Gregory is no longer the attorney general.

The complainants, through lawyer Joe Hill, asked the Superior Court to declare that Wang is entitled to be considered for a visitor’s entry permit. The plaintiffs also asked the court to declare Wang’s right to have a visitor permit for business.

Hill stated in the complaint that Wang first lawfully entered the CNMI in 1998 and had lawfully resided at all times since then. She departed Saipan in 2006.

Hill said that, in February 2008 his clients paid the required filing fee and filed with Immigration a visitor entry permit application for Wang.

Royal Crown and Ng also filed an “affidavit of sponsorship and support company sponsor” and a complete package of all necessary and required documents for consideration and issuance of a visitors entry permit/application.”

Hill said the defendants did not notify plaintiffs that the package of documents were deficient in number, form, content or execution, as required by the Immigration Regulations.

By a letter dated March 27, 2008, Gregory denied the request for a visitor’s entry permit.

Gregory stated that “Section 804 of the Immigration Regulations and Rules published in accordance with the regulations prohibit entry into the Commonwealth from certain excluded locations, including Fujian Province. These regulations are intended to protect the Commonwealth from persons who enter our borders and then violate the conditions of their entry.”

Hill said his clients requested reconsideration of the denial.

The plaintiffs’ ground is that “any alien legally in the Commonwealth on the effective date of the regulation, provided such alien remains continuously in legal status, such alien may freely depart and return to the Commonwealth subject to compliance with other applicable law and regulation.”

Gregory denied the request for reconsideration.

The denial letter pointed out that, while Wang was previously admitted as a foreign guest worker, that prior admission does not create any right to re-entry. “I have determined, as did the previous AG, that persons from Fujian Province, China should be denied entry,” Gregory had said in the letter.

But Hill asserted that Wang is not a threat to public safety.

From the date of her entry, Hill noted, Wang was always legally and lawfully in the CNMI from 1998 until 2006.

The lawyer said Wang was lawfully residing on Saipan on Feb. 17, 2005, when Section 804 of the regulations became effective.

Section 804 refers to discontinuance of entry permits due to threat to public safety.

Hill said the language of Section 804.D is clear and plain on its face in providing that an alien who meets the stated exemption conditions “…may freely depart and return to the Commonwealth.”

“Wang now desires and seeks to return to the Commonwealth under and pursuant to Section 804D.4,” he said.

Hill stressed that as indicated on the face of the VEP application form, Wang now desires and request approval and issuance of a visitor’s entry permit, allowing her to enter the CNMI for the purpose of negotiating and finalizing a business transaction and investment.

He said the Attorney General’s expressed sentiment and observation that “while Ms. Wang professes to intend to invest on Saipan, there appears to be no firm investment planned, but this is merely a scouting trip for a possible investment.”

Hill said this observation is “at once misplaced and of course, speculative and pre-judgmental to the extent it presupposes submission and or approval of a business plan prior to approval of precedent VEP application form.”

“Wang now simply requests the opportunity to return to the CNMI pursuant to her VEP application form, so that she may work out the details of her intended business investment/venture; then prepare and submit her detailed business investment plan,” he said.

“Ng and the group of corporations and businesses that he has developed and been associated with in the CNMI have contributed, through their expertise and business acumen, enormously to the viability and vitality of local business industry and economy for many years,” the lawyer added.