Pregnant defendant asks court to be sentenced early
A woman convicted in January over a fake marriage case wants the federal court to sentence her as early as possible because of her desire to return to China due to her father’s illness and her recent discovery that she’s pregnant.
Xiaoying Tang, through counsel Joseph E. Horey, asked the U.S. District Court for the NMI yesterday to advance her sentencing date from the currently scheduled date of June 20, 2014 to May 27, 2014.
Horey said Tang wants to go back to China at the earliest possible because her father has lung cancer and that she recently discovered she’s pregnant and due to deliver in December 2014.
Horey said the prosecution and the U.S. Probation Office have been consulted and both agreed to new scheduling dates for sentencing and submitting a presentence investigation report.
Last January, 12 jurors reached a unanimous verdict finding Tang guilty of conspiracy to defraud the U.S., visa fraud, and false statement.
U.S. District Court for the NMI Chief Judge Ramona V. Manglona set the sentencing for June 20, 2014 at 9am.
Tang was allowed to remain at liberty until the sentencing date on the same terms and conditions of her pre-trial release.
The indictment charged Tang and Jesse Juan Teigita Dowai with conspiracy to commit visa fraud and to defraud the U.S., visa fraud, and false statement.
Last Dec. 30, Dowai pleaded guilty to the conspiracy to commit visa fraud and to defraud the U.S.
According to the charges, in September 2011, Dowai and Tang submitted Forms I-130 and I-485 containing false and fraudulent information and representations.
In February 2012, Tang lied to U.S. Citizenship and Immigration Services in support of her Form I-485.
On Sept. 28, 2011, Tang aided Dowai in falsely stating in his Form I-130 that they had “lived together” at Mc Arthur St., Gualo Rai, Saipan from Oct. 1, 2009 to “present.”
During an interview with Homeland Security Investigations special agents on March 22, 2013, Tang falsely stated that after marrying Dowai she moved with him into an apartment in Garapan, where they lived for seven months.