Marianas Variety

Last updateSat, 23 Feb 2019 10am







    Saturday, February 23, 2019-5:32:14A.M.






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Feds seek to dismiss illegal-entry case on Guam

HAGÅTÑA (The Guam Daily Post) — The federal government doesn’t believe it will be able to prove the elements of the charge against Jingzhi Zeng.

He is charged with alien failure to depart, according to court documents.

Last month, Zeng was ready to enter into a plea agreement but had a last-minute change of heart and withdrew from the plea deal minutes before the start of the hearing.

His attorney, federal public defender John Gorman, said his client was in transit from Saipan to China after being deported from the Northern Marianas. While on the plane, Zeng was discovered to have “mutilated” his passport presumably to frustrate efforts to bring him back to Asia.

Zeng was subsequently arrested when the plane landed on Guam and was placed as a federal detainee with the Department of Corrections.

On Friday, Assistant U.S. Attorney Belinda Alcantara filed a motion to dismiss Zeng’s case without prejudice.

“Additional facts discovered post-indictment will result in difficulty in the government being able to prove an element of the charges to a jury beyond a reasonable doubt,” Alcantara wrote in the motion.

The U.S. government determined that dismissal of the indictment is appropriate and not “clearly contrary to manifest public interest.”

Gorman’s client has no objection to the dismissal. It’s unclear whether Zeng will be sent back to China or if he will be allowed to stay on Guam when the charges are dropped.