Amalia Abo Guanlao, a Filipino mother who has been fighting a legal battle since 2013 just to be with her two minor U.S. children, is bringing her case to the U.S. Court of Appeals for the Ninth Circuit.<\/p>\n
Guanlao, through counsel Rosemond B. Santos, has notified the U.S. District Court for the NMI Tuesday of her appeal to the Ninth Circuit.<\/p>\n
According to Santos, Guanlao is specifically appealing to reverse the District Court\u2019s ruling issued last June 19 that dismissed Guanlao\u2019s petition for habeas corpus.<\/p>\n
In her petition for a writ of habeas corpus, Guanlao seeks to appeal the immigration judge\u2019s removal order. <\/p>\n
No other details were provided in Guanlao\u2019s notice of appeal.<\/p>\n
In her June 19 order that granted U.S. Homeland Security officials\u2019 motion to dismiss, U.S. District Court for the NMI designated Judge Frances Tydingco-Gatewood said since Guanlao failed to exhaust administrative remedies of her claims, she would generally be required to return to the Board of Immigration Appeals (BIA) to pursue them.<\/p>\n
However, Tydingco-Gatewood said, the 30-day window for filing a motion to reopen the case has lapsed, and the District Court lacks jurisdiction to order the window reopened.<\/p>\n
Thus, the judge said, Guanlao cannot prevail on her due process claim in the District Court, before the BIA, or before the Ninth Circuit.<\/p>\n
The U.S. government recently asked the federal court to dissolve its 2016 order staying an immigration judge\u2019s ruling for Guanlao\u2019s removal.<\/p>\n
Following the U.S. government\u2019s motion to dissolve, Tydingco-Gatewood ordered Guanlao to file a response by July 9.<\/p>\n
Department of Justice Office of immigration litigation trial attorney Adrienne Zack, counsel for respondents U.S. Department of Homeland Security officials, said while their motion is not listed as a non-hearing motion per se, it is essentially requesting clarification of the court\u2019s intent in dismissing the case.<\/p>\n
Zack said if the court determines that a hearing is not necessary, the respondents do not request one.<\/p>\n
On June 23, 2016, U.S. District Court for the NMI Chief Judge Ramona V. Manglona issued a stay of Guanlao\u2019s removal from the U.S.<\/p>\n
Zack moved the court to formally lift the stay of removal because this case has been resolved. <\/p>\n
According to court records, Guanlao\u2019s court battle began on Sept. 10, 2013 when an immigration judge found that Guanlao was removable as an alien present without a valid immigrant visa or entry document and ordered her removed to the Philippines.<\/p>\n
Guanlao, who herself has a medical condition, has been residing on Saipan for over 24 years now.<\/p>\n
Aside from naming then-U.S. Department of Homeland Security Secretary Jeh Johnson as respondent, Guanlao also sued several U.S. immigration officials. <\/p>\n
Guanlao said her husband has been working in Saipan since 1989. <\/p>\n
The couple\u2019s two minor children were born on Saipan.<\/p>\n
\u201cThey are the reason why I want to live longer and to be with them for the rest of my life,\u201d Guanlao said.<\/p>\n","protected":false},"excerpt":{"rendered":"
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