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By Cherrie
Anne E. Villahermosa
Variety News Staff
THE Superior Court has dismissed
the deportation proceedings against a man convicted of sexual assault
in second degree.
The Attorney Generals Office and the Division of Immigration Services
through Assistant Attorney General Kevin Lynch moved for the dismissal,
saying that Joselito Castro, 44, has a pending appeal.
Associate Judge David A. Wiseman granted the governments motion.
Castro, through Chief Public Defender Elisa Long, filed a motion for stay
of deportation proceedings until the final resolution of his pending appeal
in his criminal case.
Castro filed an appeal seeking the reversal of his conviction in Superior
Court on Sept. 20, 2004.
The government filed the deportation case against Castro on March 31,
2006.
The affidavit of Immigration investigator Nicolas Reyes stated that Castro,
who is from the Philippines, failed to comply with the terms and conditions
of his entry permit when he committed a felony in the CNMI.
Castro, who worked as carpenter on Saipan, was convicted of sexual assault
in the second degree, assault and battery and disturbing the peace.
He was sentenced to seven years of imprisonment, all suspended, except
for three years for sexual assault in the second degree, one year for
assault and battery, and six months for disturbing the peace.
The sentences ran concurrently with credit for time already served.
Castro began serving his jail term on Dec. 2, 2004 and was placed on supervised
probation upon his release from the custody of the Department of Corrections.
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