Marianas Variety

Last updateWed, 25 Jul 2018 12am







    Monday, July 23, 2018-9:26:58A.M.






Font Size


Alleged victims in labor case did not file T- or U-visa applications, prosecutors say

IN a notice filed in federal court, the prosecution stated that the alleged victims of a foreign-labor-contracting scheme did not file T- or U-visa applications.

The T nonimmigrant status or T visa is for those who are or have been victims of human trafficking. It protects victims of human trafficking and allows victims to remain in the United States to assist in an investigation or prosecution of human trafficking.

The U nonimmigrant status or U visa is for victims of certain crimes who have suffered mental or physical abuse because of the crime, and who are willing to assist law enforcement and government officials in the investigation of the criminal activity.

Assistant U.S. Attorneys James Benedetto and Eric O’Malley stated that the U.S. government has produced the records in its possession reflecting the applications and grants of parole and continued presence of the government’s witnesses.

The U.S. government has also produced records in its possession showing the applications for temporary work authorizations or Employment Authorization Documents.

“These grants of temporary status and employment authorization are a critical tool for the government, as it allows victims of crimes to remain in the U.S. in order to cooperate with criminal investigations and prosecutions without public charges,” the prosecution said.

As for the T and U-visa applications, the U.S. government produced letters from attorneys Pamela Brown and Jane Mack, neither of whom has submitted applications for immigration benefits on behalf of any of the government’s complaining witnesses, the prosecutors said.

They added that they sent an email to defense counsel containing the results of a search of U.S. Citizenship and Immigration Services records, and they stated that to date, no T-visa or U-visa applications have been filed for any of the government witnesses.

In related news, Janet King, counsel for one of Islam’s co-defendants, Analyn Nunez, made a motion to allow a witness overseas to testify at trial through live teleconferencing.

King said the witness is in the Philippines and can testify through live-feed video conferencing.

The witness is a United Brothers Inc./TBK Auto Cares & General Repairs employee who is unable to enter the CNMI until his I-129 CW visa is approved, King added.

She said the alleged victims in this case asked the witness how they could marry a “local” and obtain “green cards.”

The other defendants in the case are Zeaur Rahman Dalu; David Trung Quoc Phan, president of United Brothers, doing business as TBK Auto Care and the boyfriend of Analyn Nunez; Muksedur Rahman; and his wife, Shahinur Akter.

Dalu, through his defense counsel David G. Banes, has entered a guilty plea to counts three and four of the amended superseding indictment.

Dalu was charged with mail fraud and fraud in foreign-labor contracting.