The federal court dismissed yesterday the case against an alien charged with illegal entry into the U.S. by misrepresenting that he was entering the CNMI for a vacation.
U.S. District Court for the NMI Chief Judge Ramona V. Manglona dismissed the case against Yue Qiu without prejudice at the U.S. government’s request.
Dismissal without prejudice means the prosecution may re-file the case in the future.
In the U.S. government’s motion, assistant U.S. attorney Garth Backe said Rule 48 of the Federal Rules of Criminal Procedure requires courts to “grant leave to the government to dismiss an indictment, information, or complaint unless dismissal is clearly contrary to manifest public interest.”
Manglona ordered all items seized from Qiu be returned to him,including Qiu’s passport.
The jury trial set for Nov. 15, 2016, was vacated.
At yesterday’s conference, defense counsel Bruce Berline did not object to the motion to dismiss and requested the U.S. government to return Qiu’s personal belongings.
Backe said there were issues regarding some of the items and that the release would be up to Homeland Security Investigations.
Backe stated he would do his best to facilitate the process.
Berline further argued that the release of the items should be expedited and sent via Federal Express.
According to the information, on Sept. 15, 2016, Qiu, an alien, “attempted to enter and obtained entry into the U.S. by a willfully false and misleading representation.”
Qiu allegedly misrepresented that he was entering the CNMI for purposes of vacation. No other details were provided in the information.