Accountant’s motion to dismiss deportation denied

Based on rulings that deportation proceedings are governed by the current CNMI entry and deportation laws, at least until June 2009, Superior Court Associate Judge David A. Wiseman denied on Wednesday an accountant’s motion to dismiss the petition to deport her in connection with a theft cases filed against her three years ago by the Attorney General’s Office and Division of Immigration.

Wiseman stated that Marissa P. Mejia may be deported because she has been convicted of two felonies.

Wiseman also noted that the CNMI is not subject to U.S. federal immigration laws, therefore Mejia’s inability to pay restitution is inconsequential to her status as a deportable alien.

The respondent’s motion for relief and dismissal was heard on Dec. 4, 2008. Assistant attorney general Kathleen Busenkell represented the government while Stephen Woodruff appeared on behalf of Mejia.

Mejia, a Philippine national, was charged with 63 counts of theft by deception on January 2005. On September of the same year, she entered a plea agreement, pleading guilty to two felonies.

As a result, Mejia was sentenced to two years imprisonment with the entire sentence suspended and she was placed on probation for two years.

She was required to pay restitution of $16,287.93. However, she could only pay a total of $190 to date, according to court records.

Wiseman noted in his five-page order that in October 2007, the victim of this case submitted a letter to the Office of Adult Probation expressing her feelings about the defendant’s failure to pay restitution.

The victim appealed to the court to sentence Mejia to serve time in prison.

Mejia has never been incarcerated despite failures to pay fines and restitution.

Court records state that the defendant has a three-year old daughter, who is a U.S. citizen and has a serious liver disease, which required surgery when she was born.

The daughter has been under the care of CNMI doctors since birth because she had to undergo serious treatment.

On Oct. 13, 2008, Mejia asked the court to grant her motion for relief from deportation and dismissal of the case on two grounds.

She argued that the court should exercise discretion and decline her deportation due to hardship as permitted by the U.S. federal immigration laws.

She also argued that she has not made restitution to the victims so if she would leave the CNMI she would only further frustrate her duty to her victims.

The OAG opposed the motion.