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.<\/p>\n
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\u2019s request. <\/p>\n
Dismissal without prejudice means the prosecution may re-file the case in the future.<\/p>\n
In the U.S. government\u2019s motion, assistant U.S. attorney Garth Backe said Rule 48 of the Federal Rules of Criminal Procedure requires courts to \u201cgrant leave to the government to dismiss an indictment, information, or complaint unless dismissal is clearly contrary to manifest public interest.\u201d <\/p>\n
Manglona ordered all items seized from Qiu be returned to him,including Qiu\u2019s passport.<\/p>\n
The jury trial set for Nov. 15, 2016, was vacated.<\/p>\n
At yesterday\u2019s conference, defense counsel Bruce Berline did not object to the motion to dismiss and requested the U.S. government to return Qiu\u2019s personal belongings.<\/p>\n
Backe said there were issues regarding some of the items and that the release would be up to Homeland Security Investigations.<\/p>\n
Backe stated he would do his best to facilitate the process.<\/p>\n
Berline further argued that the release of the items should be expedited and sent via Federal Express.<\/p>\n
According to the information, on Sept. 15, 2016, Qiu, an alien, \u201cattempted to enter and obtained entry into the U.S. by a willfully false and misleading representation.\u201d<\/p>\n
Qiu allegedly misrepresented that he was entering the CNMI for purposes of vacation. No other details were provided in the information. <\/p>\n","protected":false},"excerpt":{"rendered":"
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