By Gina Tabonares
Variety News Staff

A WOMAN who earlier pleaded guilty to criminal charges in relation to an attempted marriage fraud was allowed by the U.S. District Court to withdraw her guilty plea.
Hyo Jin Pack, 26, who is now facing a criminal case in violation of the U.S. Immigration Law, was arrested and charged by federal authorities after she attempted to bribe a U.S. citizen in exchange for a fraudulent marriage to get a “green card.”
Her motion to withdraw her guilty plea was granted by Chief Judge Frances Tydingco-Gatewood after recognizing the defense argument that there was a serious factual error in the information filed against the defendant.
The Federal Rule of Criminal Procedure Rule 11 allows a defendant to withdraw a plea of guilty “before the court accepts the plea, for any reason or no reason.”
The court scheduled further proceeding on the Pack case on Jan. 24 at 10 a.m.
Based on the declaration submitted by U.S. Immigration and Customs Enforcement Special Agent John Duenas, Pack, who was staying illegally on Guam, approached an informant and solicited marriage for the purpose of evading immigration laws.
According to the informant, the accused approached him on Aug. 21, 2006 and told him that she is willing to pay the U.S. citizen $1,500 for the duration of the marriage up until she receives her immigration green card.
On Sept. 12, acting under the instructions of a federal agent, Rex Garrido was introduced to Pack in King’s Restaurant in Tamuning. During the meeting, Pack discussed payment terms with the informant and Garrido, and informed them that she is expecting her birth certificate from Korea in the mail.
On Oct. 26, the informant and Garrido, who is also an agent who posed as a U.S. citizen willing to marry Pack, met with the accused in the Department of Revenue and Taxation to file their marriage license.
After filing the marriage license, Pack slipped $500 into the pocket of the posing fiancé as they were walking out of the Revenue and Taxation building.
The agents asked Pack why she didn’t pay $2,000 as earlier agreed, prompting the accused to give another $500.
After receiving the money from Pack, agents brought her to the Immigration and Customs Enforcement office for questioning.