‘Alien workers with 2 misdemeanors are deportable’

Alien workers who have at least two misdemeanor convictions could be deported even if their entry permits are not cancelled, according to Superior Court Associate Judge David A. Wiseman.

In a ruling issued yesterday, Wiseman said the status of an alien worker’s entry permit does not form the basis for deportation.

Rather, an independent basis, completely freestanding from the worker’s employment status, exists for deportation as provided in the Commonwealth law, the judge said.

Wiseman discussed the work entry permit issue in his order finding Filipino worker Julius L. Monton a deportable alien.

The judge said he finds by clear and convincing evidence that Monton is a deportable alien based on more than two misdemeanor convictions.

He cited a 2002 criminal case wherein the respondent pleaded guilty to obstructing justice and driving under the influence. Wiseman also cited a 2005 traffic case wherein Monton was found guilty of DUI.

Wiseman ordered that Monton’s travel documents, if any, be released to Immigration investigator Nick Reyes for repatriation purposes.

According to court records, Monton consented to deportation during a hearing on Oct. 23, 2008, in which he was ordered to explain why he should not be deported.

At that hearing, he requested that the order of deportation be stayed until the summer holiday because his children were enrolled in CNMI schools.

As a compromise, the Office of the Attorney General agreed to hold off the execution of the deportation order until the winter holiday.

Wiseman found the compromise acceptable. However, the judge noted that Monton could depart the CNMI immediately and that his family and children could join him in the Philippines after the 2008-2009 school year.

A review hearing was set for Jan. 15, 2009, where the worker was ordered to appear in court if he was still in the CNMI.

On Oct. 23, 2008, the Division of Immigration gave Monton a written stipulation to deportation, stating the terms the parties agreed to during the court proceeding.

The stipulation read: “The Commonwealth agrees to stay the execution of the order of deportation until December of 2008 or January of 2009, or whenever the respondent’s children have a semester or quarterly break between the 2008 and 2009 school year.”

Monton never responded to the stipulation.

By Dec. 26, 2008, Monton still had not made contact with Immigration nor had he responded to the stipulation. Immigration then contacted Monton regarding the stipulation to deportation.

On Dec. 30, 2008, Immigration received a revised version of the stipulation from Monton, which changed the deportation date to “July 1, 2009, or as soon thereafter…”

Immigration opposed the proposed deportation date.

On Dec. 31, 2008, Immigration asked the court to execute an order of deportation that conforms to the agreement made during the October 2008 hearing.

Before ordering the deportation, Wiseman deemed it prudent to hold a complete hearing on Immigration’s motion, despite Monton’s previous agreement to deportation.

At the hearing on Feb. 2, Monton, through counsel Joe Hill, argued, for the first time, that he could not be deported until his valid work entry permit was cancelled.

Assistant attorney general Kathleen Busenkell appeared on behalf of the Office of the Attorney General and Immigration.

In his order yesterday, Wiseman found Monton’s argument unpersuasive and ordered his deportation.

Wiseman said the undisputed fact is that Monton holds a valid entry permit which was issued to him in September 2008, after his criminal convictions. Monton’s permit is set to expire in September 2010.

Wiseman expressed concern regarding the renewal of the entry permit because at the time of the renewal, Monton’s prior criminal convictions were a matter of record and should have prevented the renewal of his work entry permit.

The second undisputed facts, Wiseman noted, is that Monton has been convicted of three misdemeanors, which subject him to deportation.

Wiseman said Monton discussed two cases during the hearing in support of his contention that a hearing must first be held to cancel his valid two-year entry permit before he may be deported.

Wiseman said neither case “is on point or supports Monton’s contention.”